Welcome to sixwinks, a service that allows you to send anonymous messages to other users.
For your convenience, these Terms of Service can also be viewed on our website at www.sixwinks.com.
This is an agreement between Scissortail Design Ltd, a Canadian company, the owner and operator of www.sixwinks.com, the sixwinks site, and the sixwinks mobile application, (collectively, the sixwinks Service, or the Service), and you, a user of the Service.
These Terms of Service apply to all users of the sixwinks Service. Information provided by our users through the sixwinks Service may contain links to third-party websites that are not owned or controlled by sixwinks. sixwinks has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, sixwinks will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that sixwinks shall not be responsible for any damages, claims or other liability arising from, or related to, your use of any third-party website.
Subject to your compliance with these Terms of Service, sixwinks hereby grants you permission to use the Service, provided that:
(i) you are only permitted to use the Service for personal use, and you are not permitted to resell or charge others for use of, or access, to the Service, or behave in any other manner inconsistent with these Terms of Service;
(ii) you may not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without sixwinks’s prior written authorisation;
(iii) you may not attempt to reverse engineer, alter, or modify any part of the Service; and
In order to access and use the features of the Service, you acknowledge and agree that you will have to provide sixwinks with your mobile phone number. You expressly acknowledge and agree that in order for sixwinks to provide the Service, sixwinks may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service.
When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to sixwinks to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect names, addresses or email addresses; we only collect mobile phone numbers.
You are solely responsible for the messages that you submit and that are displayed for your mobile phone number on the Service. You must notify sixwinks immediately of any breach of security or unauthorised use of your mobile phone. Although sixwinks will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of sixwinks or others as a result of such unauthorised use.
You agree not to use or launch any automated system, including but not limited to, ‘robots’, ‘spiders’, ‘offline readers’, etc. or ‘load testers’ such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that access the Service in a manner that sends more request messages to the sixwinks servers in a given period of time than a human can reasonably produce in the same period by using a sixwinks application, and you are forbidden from ripping the content unless specifically allowed.
Notwithstanding the foregoing, sixwinks grants permission to the operators of public search engines to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not to cache or archive such materials. sixwinks reserves the right to revoke these exceptions either generally or in specific cases.
We disallow any efforts to reverse engineer our system or our protocols, or to explore outside the boundaries of the normal requests made by sixwinks clients. We have to disallow using request modification tools such as fiddler or whisker or the like, or any other such tools or activities that are meant to explore, harm, penetrate, or test the site.
You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain.
You agree not to collect or harvest any personally identifying information, including phone numbers, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
Intellectual Property Rights
The design of the sixwinks Service along with sixwinks’ created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, service marks, and logos contained therein (Marks), are owned by or licensed to sixwinks, subject to copyright and other intellectual property rights under foreign laws and international conventions.
The Service is provided to you, as is, for your information and personal use only. sixwinks reserves all rights not expressly granted in and to the Service. You agree not to engage in the use, copying, or distribution of any of the Service other than that expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.
You agree that your use of the sixwinks service shall be at your sole risk. To the fullest extent permitted by law, sixwinks, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. Sixwinks makes no warranties or representations about the accuracy or completeness of this service’s content and assumes no liability or responsibility for any:
(i) errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to, and use of, our service;
(iii) any unauthorised access to, or use of, our servers and/or any and all personal information and/or financial information stored therein;
(iv) any interruption or cessation of transmission to or from our service;
(v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service through the actions of any third party; and/or
(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the sixwinks service.
sixwinks does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the sixwinks service or any hyperlinked website or featured in any user status submission or other advertising, and sixwinks will not be a party to, or in any way be responsible for, monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate. And again, use this just for fun.
Limitation of liability
In no event shall sixwinks, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
(i) errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service;
(iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(iv) any interruption or cessation of transmission to or from our servers;
(v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party;
(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the sixwinks client, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages; or
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that sixwinks shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Service is controlled and offered by sixwinks via hosting facilities on Google Firebase. sixwinks makes no representations that the Service is appropriate or available for use in any specific other locations. Those who access or use the Service from any jurisdiction do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless sixwinks, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of, and access to, the sixwinks Service;
(ii) your violation of any term of these Terms of Service;
(iii) your violation of any third-party right, including but not limited to any copyright, property, or privacy right; or
(iv) any claim that one of your Status Submissions caused damage to a third party.
This defence and indemnification obligation will survive these Terms of Service and your use of the sixwinks Service.
Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. The sixwinks Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the sixwinks Service.
These Terms of Service, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by sixwinks without restriction.
You agree that:
(i) the sixwinks Service shall be deemed based in Canada;
(ii) the sixwinks Service shall be deemed a passive server that does not give rise to personal jurisdiction over sixwinks, either specific or general, in jurisdictions other than Canada; and
(iii) you agree to subject to the jurisdiction of Canada in the event of any legal dispute.
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and sixwinks‘s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. sixwinks reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the sixwinks Service. Your continued use of the Service following any amendment of these Terms of Service will signify your assent to, and acceptance of, its revised terms.
You and sixwinks agree that any cause of action arising out of, or related to, the sixwinks service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Service were last modified on 31 March 2017.