A Wink to Earth is operated by VIVA3DFILMS Limited.

Thank you for caring about our planet and sharing your Wink to Earth.

Welcome to the A Wink to Earth website (the “Website”). The wink(s) you post on this Website may be reposted on the other Wink to Earth social media platforms (the “Platform” or “Platforms”) and vise-versa.

We recommend that you read these Terms and Conditions before using any of the features on the Website. Your use of the Website constitutes your acceptance of these Terms and Conditions. If these Terms and Conditions are not accepted in full, you do not have permission to access the Website, and the material contained therein, and your use of the Website should cease immediately.

Should you have any queries about these Terms and Conditions, please e-mail us on: awe@wink.earth.

If you are aged sixteen or under, you must seek the permission of a parent or guardian before accessing or using our Website.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S REGISTRATION WITH ANY OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SITES.

We reserve the right to change these Terms and Conditions at any time. It is your responsibility to check these Terms to ensure that you agree to them, before using the Website.

We also have a Privacy Policy, which relates to your use of our Website, and should be read as a part of these Terms and Conditions, before using the Website.

Your content

A. Posting content

A Wink to Earth is happy that you post your Winks to Earth to share with the social media community your experience of the beauty of our planet but also showing its problems to raise awareness and to encourage solutions.

You may post your content, including photos, videos, comments, links, and other materials. Anything that you post or otherwise make available on the Website or any of the Platforms is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post on the Website or other Platforms.

B. How A Wink to Earth can use your content

You grant A Wink to Earth a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

C. How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from the Platform, we may retain your User Content for a reasonable period of time for backup, archival, or audit purposes.

D. Feedback you provide

We value hearing from you, and are always interested in learning about ways we can make the A Wink to Earth more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.

E. Content guidelines

We have no control over the information and material posted on the Website or Platforms, but we reserve the right to edit, move and remove posts as necessary to keep the Website and other Platforms safe for other users.

You are asked NOT to:

  • use posts to advertise goods or services;

  • make posts or comments that are libellous, indecent, abusive, threatening, or infringe the copyright or other rights of third parties;

  • post messages which contain illegal or otherwise unlawful material;

  • post messages which contain viruses or code which may cause damage to another user’s computer software or equipment, or impair the functionality of the Website;

  • impersonate or misrepresent any third parties.

We cannot guarantee the reliability, accuracy or impartiality of any messages posted, and as such we request that you do not rely in any way on anything posted on the Website and Platforms, and that you accept all risk associated with use of this Website and Platforms. You should not rely upon any of the content of this Website as constituting advice, recommendations or agreements.

We reserve the right to remove your registration if you do not comply with the above guidelines, in order to keep our Website safe and reliable for other users.

Registration


Where our Website requires you to register, you must provide accurate and complete information. It is your responsibility to ensure that such information is up to date, and we accept no liability in the case of out-of-date information. You must not divulge your password to anyone. Each registration is for one user only. If you have reason to believe that the security of your account has been affected, please contact us immediately. We reserve the right to contact you by email, as provided at the time of registration, regarding your use of the Website.

Our Content

All material branded with the Wink to Earth logo or which is otherwise marked or referred to as being the property of A Wink to Earth belongs to or is licensed to us by A Wink to Earth, and should be treated as if belonging to us “Protected Material”). The Protected Material on this Website and/or Platforms must not be copied, reproduced, published or republished, posted, uploaded, distributed or transmitted, modified, manipulated or reverse engineered. Any use of the Protected Material on this site must be for personal, non-commercial use.  Unauthorised use of Protected Material on this Website and/or Platform as detailed above constitutes a breach of copyright and associated intellectual property rights. 

Competition Terms and Conditions

These rules terms and conditions apply for to all competitions unless otherwise stated:

  • Unless otherwise stated, A Wink to Earth is the promoter of any competition on www.wink.earth or on another Platform.

  • Unless otherwise stated on the relevant Platform, contestants can enter each competition only once. Any entries, after the first, will be disqualified.

  • Unless otherwise stated only one prize per competition is allocated.

  • Entrants under the age of 18 years must get permission from their parent or guardian to enter a competition on their behalf.

  • Unless otherwise stated online, all contestants chosen are those who have entered at the advertised time and are chosen at random by a representative of A Wink to Earth in line with the advertised promotion of the competition.

  • Each competition will run until the competition has been completed or has run its course. Both will be advertised online. A Wink to Earth reserves the right not to give away any prize if no winner is found.

  • Unless otherwise stated, there is only one prize per competition and all prizes are offered in good faith. It is recognised that at times genuine mistakes can occur. If such a mistake has occurred, then the management, in its sole discretion, can either award the prize to the person(s) who in their view was the original winner of the competition or alternatively ask the contestants to play again on a ‘head to head’ basis. When instances like this occur, A Wink to Earth will provide the runner up with a prize value not exceeding 25% of the value of the advertised prize.

  • Prizes offered by A Wink to Earth are in most cases provided by a third party or sponsor. At the end of the competition the liability passes from A Wink to Earth to the sponsor for the deliverance of the prize offered. If the sponsor or third party thereafter cannot deliver the product or prize due to liquidation or similar – A Wink to Earth reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond A Wink to Earths’ control makes it necessary to do so.

  • Employees and relatives of A Wink to Earth or any of the co-sponsors of the competition are not eligible to enter the competition.

  • A Wink to Earth reserves the right to alter or amend these terms and conditions rules at any time and, where it becomes necessary to do so, to suspend any competition or cancel the competition at any time.

  • A Wink to Earth cannot be held responsible for any loss that may be incurred by users attempting to enter competitions.

  • Failure to gain access to competitions due to technical difficulties engaged phone lines, faulty website or for any other reason is not the responsibility of A Wink to Earth.

  • Unless otherwise stated, there is no cash alternative to the advertised prizes and any prize is strictly non-transferable.

  • By entering competitions all contestants agree to be used in publicity, online or other social media promotion and by any means reasonably deemed fit for the promotion of A Wink to Earth.

  • All competitions are only valid for contestants, resident in the countries specified in the individual competition.

  • If the rules to competitions have been broken by a wining contestant or the answer has been revealed to contestants by any third party, the prize may be withdrawn.

  • Any contestant entering competitions on A Wink to Earth giving false or misleading information will be disqualified and any prizes won will be withdrawn. This includes, but is not limited to, name, address, telephone numbers and details of previously won prizes.

  • Prizes must be claimed within 3 months from date of winning.

  • A list of winners can be made available on request.

  • A Wink to Earth will endeavour to send out all prizes within 28 days of the win. This is subject to change at our reasonable discretion.

  • The contact details of winning entrants may be passed over to a third party for the fulfillment of prizes but will not be used for direct marketing purposes.

  • A Wink to Earth reserves the right to amend these terms and conditions without prior notice. Any updates will be displayed here on the website

Liabilities, Warranties and Indemnities

Our Website is provided on an ‘as is’ basis, without any express or implied warranty of any kind. We do not warrant that our Website will be error-free, or that any of the material therein is accurate.

We provide no warranty in respect of our sites, our content, our software or our services; we disclaim all liability connected with use of this Website to the extent permitted at law. Your use of this Website constitutes your acceptance to indemnify us against anything that arises out of a breach by you of these Terms and Conditions.

We are not liable to users of third party content, material or websites for inconsequential or incidental damages such as loss of profits or loss of privacy. We cannot be responsible for errors in any advertising or promotional material that appears on our Website, although we would be grateful if you would notify us, should you notice any errors in any such material.

General Legal Terms


Should any part of these Terms and Conditions be found to be invalid or otherwise unenforceable at law, then that part shall be severed from the Terms and Conditions to the extent that it is invalid or unenforceable, and its severance shall not affect the rest of these Terms and Conditions, which shall remain enforceable at law.

These Terms and Conditions are governed by English law, and all disputes arising from them shall be submitted to the exclusive jurisdiction of English courts.

In the event of any of the Terms and Conditions or part thereof being found to be illegal and/or unenforceable, that finding shall not affect the enforceability of the remainder of the Terms and Conditions.

Privacy Policy

If you have any questions about this privacy policy please send an email to awe@wink.earth.

Your privacy on the Websites and Platforms is important to us. As part of the operation of our Website and Platforms, we gather certain types of information about our users, and we would like to explain the types of information we gather and what we do with it.

This policy tells you how we collect information from you on-line and via social media, how we protect it and how we use it. VIVA3DFILMS Limited controls all personal information which you provide when you use our site.

Information Collected by this Site

We collect two types of personally identifying information from users: personal data (such as names and e-mail addresses), and aggregated data (such as information about traffic patterns on the site, for example how many users log into the site on a daily basis).

Personal Data

Personal data is collected when users provide personal data to the site, for example in registering as a user or other membership services, sending emails to the site, and registering for competitions.  This information may be used for marketing and market research purposes, to provide and personalise our service, to inform you if you are a winner of a competition and what prizes you have won, to send you greetings on your birthday and to send you newsletters and information about other exciting events happening on A Wink to Earth and about related products and services.

Aggregated Information

Aggregated information, such as which pages users access or visit and information volunteered by users, such as survey information and/or site registrations, is collected by various methods. For example, we collect IP addresses. An IP address is a number that is automatically assigned to your computer whenever you’re surfing the Web. Web servers, the computers that “serve up” Web pages, automatically identify your computer by its IP address, and when you request a page from a website, its servers log your IP address. We do not link IP addresses to anything personally identifiable, so although your session will be logged, you will remain anonymous to the site. We collect IP addresses for the purposes of system administration.

Use of Cookies


Our site also uses “cookies” to collect information. A cookie is a small data file that most major websites write into your hard drive for record keeping purposes when you visit them. Cookies allow a website to measure activity on their site and to improve your user experience, for example by remembering your passwords and viewing preferences, thus allowing you to visit various member-only parts of the site without re-registering. We do not use cookies to retrieve information from your computer that was not originally sent in a cookie. Except for personal information voluntarily provided by you (i.e. registering for a newsletter or during a competition), we do not use information transferred through cookies for any promotional or marketing purposes, and that information is not shared with third parties.

You may occasionally get cookies from advertisers on the site, which is standard on the Internet. These cookies are outside the control of our site, and are not subject to our privacy policy. Most browsers are initially set to accept cookies. If you’d prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the site will not function properly if you do.

Google

We may use a number of services from Google including Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration and Google Analytics Demographics and Interest Reporting.

Ourselves and third-party vendors, including Google, may use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie).

We may also use data from Google’s Interest-based advertising and 3rd-party audience data (such as age, gender and interests) with Google Analytics.

Using these services will allow us to also share non-identifiable data about users to provide a better experience.

You can opt-out of Google Analytics for Display Advertising and customize Google Display Network.

You can also use the Google Analytics opt-out browser add-on.

 

Use of Information Collected by Our Site

Our site uses both the personal and aggregated information collected for multiple purposes.

The information is used to improve the content of the site, to customise the content and/or layout of the site for each individual user and to notify users about updates to the site or promotional offers or opportunities that we believe will be of interest to you.

We will only pass on your information to third parties in the following situations:

  • If this was clearly stated at the time of collection or registration and, where required, if you have given permission for this;

  • If we employ another organisation to perform tasks on our behalf – such as delivering goods to you. In this case, the organisations may only use your information to fulfil this specific task;

  • If we have reason to believe that disclosing this information is necessary for legal proceedings. We may also disclose member information when we believe in good faith that applicable law or regulation requires it.

  • If we use third party processors to administer and process for the purposes notified in the Privacy Policy, e.g. hosting activities. We may also share details with third parties (such as auditors or legal advisors) to obtain advice. Any such processing will be governed by an agreement in the form required by law, preserving any statutory data protection rights.

The principle reason for collecting data about you is to improve the service we offer and to try and ensure you get the most from our services.  We may also retain data for security administration, legal, and maintenance purposes. By using the data collected we can provide you with information via e-mail.

Our Policies for Children

We encourage teachers, parents and guardians to spend time on-line with their children and pupils and to participate in the interactive activities offered on our site. If you are a child (a person who is not of legal age to give consent to the collection and processing of their data) and want to register with us, you must ask your parent or guardian for permission to register, confirm you have permission to register and provide an email address (if you are registering for a service through your computer) for the parent or guardian. We will then send a message to your parent that you have registered on the relevant Site and depending on your age and location may also ask your parent to confirm consent to the registration.  We may also carry out checks to verify that the contact details you have provided are for your parent or guardian.

How to remove or amend your information

You can ask us to modify or remove your personal information from any or all of our mailing lists at any time by clicking on the “Register” link or the other relevant link as displayed on the relevant Site.

We will only send electronic messages to you if you have given us express permission to do so. In addition, you will also be able to unsubscribe from communications via unsubscribe links in those communications.

Links to Other Sites

It is important to note that this site contains links to other sites, and that those sites may not follow the same privacy policies as our site. For instance, if you click on an advertisement on the site, this will take you away from the site and to an entirely different site. This can include links from advertisers, content providers and partners who may use the sites’ logo and or style as a result of a co-branding agreement. These sites may send their own cookies to you, and may collect data and make uses of it that this site would not.

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS OF USE AND PRIVACY POLICY.

Changes to this policy

We reserve the right to change this policy at any time by posting a revised privacy policy here.