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USER TERMS AND CONDITIONS

Effective May 21, 2024

Welcome to Wink3! These Terms and Conditions (“Terms”) between you and Wink3 (“we” or “us”) govern your use of and access to our websites, applications, and all associated functionality, content, and services we provide to you (collectively, the “Services”).

Please read these Terms carefully before using or accessing the Services. By accessing or using any of the Services we provide, you expressly agree to be bound by these Terms and by our Privacy Policy, which is incorporated as a part of these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Scope of the Terms

At Wink3, we collect various types of information when you interact with our platform:

1.1 Privacy and Your Data

When you access the Services, you may provide us with personal information. Our Privacy Policy describes the data we collect from you and how we use it.

1.2 Eligibility

In order to use the Services, you must comply with these Terms and all applicable laws. By accessing or using the Services, you represent and warrant that you meet the following eligibility criteria:

  • You are 18 years of age or older;
  • You are not located in, under the control of, a national, or resident of: Syria, the Crimea, Donetsk, Luhansk, Kherson and Zaporizhzhia regions of Ukraine, Russia, North Korea, Iran, Cuba, or any other country or region with whom the United States, the European Union, or any other country or jurisdiction has restricted the access of the Services; and
  • You are not a “Specially Designated National” as declared by the U.S. Department of the Treasury Office of Foreign Assets Control (“OFAC”) or the sanctions lists of any other country.
  • If you do not meet all of these requirements, you are not allowed to access or use the Services.
1.3 Availability
  • Webpages describing the Services are accessible worldwide, but this does not mean all Services or service features are legal or available in your country. It is your responsibility to ensure that your use of the Services is legal where you use them.
1.4 Updates

We may make changes to these Terms from time to time. Your continued use of the Services after we make any such changes constitutes your acceptance of the updated Terms.

1.5 Additional Terms

Additional terms and conditions may apply to specific features or portions of the Services, and all such additional terms and conditions provided to you will form part of these Terms.

2. Services

2.1 Wink3 Protocol. Empowering users with access to distributed GPU resources for computational and storage tasks, the Wink3 Protocol offers a flexible and efficient computing solution. Users can harness customizable and cost-effective computing power tailored to their specific needs through Wink3.

2.2 Wink3 Dapp. Integral to our ecosystem, the Wink Dapp offers users a seamless platform for various functions, including token management. By using the Dapp, you agree to adhere to these Terms.

2.3 Wink App. Wink is our AI-driven social media platform, prioritizing personalized experiences, user safety, and privacy. Built upon World ID technology, Wink provides each user with a distinct social identity, distinguishing between humans and bots for a secure and seamless social environment. The use of World ID is subject to the terms and conditions outlined by the Worldcoin Foundation.

2.4 Wink3 SDK. We may make available a software development kit (“SDK”) to allow third parties to build on top of the Protocol. By using the SDK along with your explicit consent to these Terms, you agree to these Terms and any additional terms we may provide with the SDK.

2.5 Additional Services. We may introduce additional services or features within the Wink3 ecosystem to enhance user experience and functionality. Any such additions will be governed by these Terms, along with any supplementary terms and conditions provided to you.

3. Purchases, Fees, and Taxes

3.1 Transaction Fees. By using the Services, you agree to pay all applicable fees. We will inform you of any applicable fees before you use the Services. If you use a third-party payment service, bank fees, credit card, and debit card fees charged for any transactions may be netted out of the settled amount of your transactions. You are also responsible for paying any additional fees charged by your financial service provider.

3.2 Network Fee. Interactions with the blockchain incur a network fee. The network fee is charged by and paid to the blockchain network, not to us, for facilitating any interactions.

3.3 Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transaction via the Services, and to withhold, collect, report, and remit the correct amount of tax to the appropriate tax authorities.

3.4 Updates. All fees are displayed and current as reflected in the Services and may be updated and changed from time to time.

4. Risk Factors

4.1 Not Legal Tender. Digital Tokens are not legal tender, are not backed by any government, and are not subject to Federal Deposit Insurance Corporation, Securities Investor Protection Corporation protections, or similar protections found in other countries. We do not function as a bank or offer fiduciary services. Furthermore, we are not regulated by any federal or state regulatory agency, and we are not subject to their examination or reporting requirements. We cannot guarantee the functionality of the underlying technologies we support, which may result in delays, conflicts of interest, or operational decisions that may adversely affect certain users’ ability to transact using Wink3.

4.2 New Technology. The Services are new. While our software undergoes extensive testing, it remains relatively new and may contain bugs or security vulnerabilities. Additionally, our software is continually evolving, and significant changes may occur over time that may not align with users’ expectations.

4.3 Information Security Risk. Digital Tokens and use of the Services may be subject to expropriation or theft. Malicious groups or individuals, including hackers, may attempt to disrupt the services through various means such as malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, spoofing or other malicious activities. Additionally, because the Services relies on open-source software, it may contain unintentional or intentional vulnerabilities, which could negatively impact the services. In the event of such vulnerabilities, there may be no immediate remedy available, and users are not guaranteed any form of remedy, refund or compensation.

4.4 Accuracy. While we strive to provide accurate and timely information through the Services, there may be instances where the information provided is not entirely accurate, complete, or current. This information may include technical inaccuracies or typographical errors. We reserve the right to change or update information, including without limitation information regarding our policies, products and services, provided through the Services without prior notice, to the extent permitted by applicable law. Accordingly, you should verify all information before relying on it, and all decisions based on information provided through the Services are your sole responsibility and we shall have no liability for such decisions.

4.5 Availability. While we strive to maintain excellent service, we do not guarantee that the Services will be available without interruption. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Services or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Services. We are not responsible for any loss or damage, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Service, any Content posted on or through the Service or transmitted to users, or any interactions between users of the Services, whether online or offline.

5. Intellectual Property

5.1 Ownership. Our software, the Protocol, the Services, the Content, the Marks (as defined below), and the design, selection, and arrangement of the Content in the Services (the “IP”) are protected by copyright, trademark, patent, and other intellectual property rights and laws of any applicable countries. You agree to abide by all applicable intellectual property rights and laws, as well as any trademark or copyright notices or restrictions contained in the Agreement or the Services.

5.2 Trademarks. The Wink3 name, the Wink3 logo, and all related logos and slogans are our trademarks or service marks (the “Marks”). You may not copy, imitate, or use the Marks, in whole or in part, without our written permission. All other trademarks, names, or logos mentioned in connection with the Services are the property of their respective owners and you may not copy, imitate, or use them, in whole or in part, without the written permission of the applicable trademark owner.

6. License and Restrictions

6.1 License. Provided that you are eligible to use the Services and subject to your compliance with these Terms, we hereby grant you a limited license to access and use the Services.

6.2 License Restrictions. You may not republish Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms are construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause, to the extent permitted by applicable law.

7. Acceptable Use

7.1 Permissible Use. Your use of the Services is authorized solely for personal purposes. We retain the right to evaluate, terminate, or temporarily suspend your access or use of the Services at our discretion.

7.2 Prohibited Uses Prohibited Uses include but is not limited to:

  • Illegal Activity: Any activity that violates any laws in the countries where we conduct business.
  • Excessive Use or Hacking: Any activity that imposes an unreasonable load on our infrastructure or attempts to gain unauthorized access to our systems.
  • Abuse of Others: Any activity that interferes with another person’s access to or use of the Services; defames, abuses, extorts, harasses, stalks, threatens, or otherwise violates or infringes upon another person’s privacy, intellectual property, or any other legal rights; incites, threatens, facilitates, promotes, or encourages hatred, racial intolerance, or violent acts against others; or harvests, scrapes, or collects another user’s data from the Services without permission.
  • Fraud and Unfair Practices: Any activity that operates to defraud us, our users, or any other person or furthers predatory and deceptive practices.
  • Intellectual Property Infringement: Any activity that involves the sale, distribution, or provision of access to counterfeit materials or infringes on any intellectual property rights.
8. Suspension

We may suspend and restrict your access to the Services if:

  • We are required by a valid subpoena, court order, or government authority;
  • We reasonably suspect you of using the Service in connection with a Prohibited Use;
  • Use of your Services is subject to any pending litigation, investigation, or government proceeding;
  • Our service partners are unable to support your use;
  • You take any action that we deem as circumventing our controls.
9. Not an Offering of Securities or Commodity Interest

The content of the Services does not constitute an offer to buy or sell investments, securities, commodities, or any other financial instruments.

10. Content

10.1 Reliance on Content. The information and material we provide through the Services are solely for general information purposes. Any reliance you place on this Content is done so at your own risk. We bear no liability or responsibility for the actions you take or fail to take based on this Content, nor for any individuals with whom you choose to share it.

Furthermore, statements made by other users regarding their use of our Services, whether on the platform or elsewhere, should not be construed as an endorsement by us unless they align with our Terms and Content guidelines. While we may periodically update the Content, it may not always be complete or current, and we are not obligated to provide updates.

We reserve the right to modify or discontinue any part or all of the Content or Services, temporarily or permanently, without prior notice, within the limits of applicable law. We shall not be held liable for any such modifications, suspensions, or discontinuations, to the extent permitted by applicable law.

10.2 Third-Party Services and Content. We may include links to Third-Party Services within our platform. Your utilization of these services is governed by their respective terms of use and privacy policies. It is imperative that you carefully review the terms of service for each Third-Party Service to fully comprehend your rights and how these platforms handle your data.

We cannot be held responsible for any loss, theft, compromise, or misuse of your data resulting from your interaction with any Third-Party Service, except to the extent that such liability cannot be restricted under applicable laws, including cases of negligence.

Any reliance you place on information provided by a Third-Party Service (referred to as “Third-Party Content”) is done so at your own risk. We do not guarantee the accuracy, completeness, authenticity, or suitability of any Third-Party Content.

10.3 User Content. As a member of the Wink3 community, you have the privilege to contribute various forms of content (“User Content”) to our platform, including messages, data, software, images, and videos. These contributions may be made on message boards, blogs, social media accounts owned by us, or other publicly available areas within the Services. Please note that these forums may be hosted by us or a Third-Party Service Provider acting on our behalf. You bear full responsibility for all User Content you submit, upload, post, or store through the Services. It is your obligation to provide any necessary warnings, information, and disclosures regarding your User Content. We explicitly disclaim responsibility for any User Content submitted through the Services.

10.4 User Content License: By sharing User Content with us, you affirm that you possess all requisite rights to the content. Consequently, you grant us an irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to utilize, reproduce, distribute, create derivative works from, modify, display, and perform all or any portion of the User Content. This license is primarily for marketing, promotional, and other legitimate business purposes related to the Services. We reserve the right to redistribute your User Content, in whole or in part, including derivative works, across various media formats and channels. Additionally, by sharing User Content, you also grant us and other users a non-exclusive license to access, reproduce, distribute, modify, display, and perform your content through the Services. These provisions shall apply to the fullest extent permissible under applicable law.

10.5 User Content Restrictions: You agree not to utilize the Services to post or transmit any User Content that: (a) is defamatory, libelous, or discloses private or personal matters concerning any individual; (b) contains indecent, obscene, pornographic, harassing, threatening, abusive, hateful, or racially or ethnically offensive material; (c) infringes upon the intellectual property rights of others, including unauthorized copyrighted text, images, or programs, trade secrets, or trademarks used in an infringing manner; or (d) unreasonably interferes with another user’s use of the Services. Posting User Content does not establish an employer-employee relationship between you and us. You may not use or share email addresses, mobile phone numbers, balances, usernames, or any other personal information about other users without their consent. Unsolicited communications to other users through the Services or elsewhere are strictly prohibited.

10.6 Complaints and Takedown Notices: If you believe that any content on the Services infringes upon your trademark or copyrighted work or implies endorsement or affiliation with us, please contact us and include the following information in your message:

  • clear identification of the copyrighted work or mark,
  • identification of the allegedly infringing content
  • a clear direction to locate the content
  • your contact information, and
  • a signed statement affirming the validity of your claim.

When we receive a bona fide infringement notice, our policy is to: (a) immediately remove or disable access to the infringing content; (b) notify the person who uploaded the infringing material that we have removed or disabled access to the material; and (c) for repeat offenders, terminate the person’s access to the Services. If we receive a counter-notice from such a person, we may send a copy of the counter-notice to you explaining that we may restore the removed material or cease disabling it in 10 business days. Unless you file an action seeking a court order against us or against the person who uploaded the content, we will restore access to the removed material in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

11. DISCLAIMER OF WARRANTIES

11.1 Assumption of Risk. Your utilization of the Services and all associated IP is undertaken at your own risk. These components are provided on an “AS-IS” and “AS AVAILABLE” basis without any express, implied, or statutory representations or warranties. We expressly disclaim any implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement concerning the features, content, or other IP within the Services, to the fullest extent permitted by applicable law. The exclusion of implied warranties may not apply to you if prohibited by the laws of your jurisdiction. We neither endorse, guarantee, nor assume responsibility for any advertisements, offers, or statements made by third parties, including other users, regarding the Services.

11.2 Service Reliability. We do not warrant that (a) access to all or part of the Services will be continuous, uninterrupted, timely, secure, or error-free; (b) the Services or content are accurate, complete, reliable, or current; (c) the Services are free of viruses or other harmful components; or (d) the Services or the content will meet your requirements, needs, or expectations.

11.3 Legal Compliance. We make no representations or warranties regarding the legality of the Services for any specific use case, nor do we guarantee compliance with regulatory or compliance requirements. You are solely responsible for understanding and adhering to all legal and regulatory restrictions governing your use of the Services. Except for the express statements outlined in these Terms, you acknowledge that you have not relied on any other statements or understandings, whether written or oral, concerning your access to and use of the Services.

11.4 Financial, Legal, and Investment Advice. We do not act as your advisor in financial, legal, investment, or tax matters. All content provided is dated and is subject to risks, uncertainties, and assumptions. Any projections, estimates, forecasts, targets, and opinions expressed are potentially incorrect and may change without notice. While certain information may originate from third-party sources believed to be reliable, we do not independently verify such information and make no representations regarding its accuracy. We are not a registered broker-dealer or investment adviser. We disclaim all warranties, express, implied, or statutory, regarding the accuracy, timeliness, or completeness of any material contained in the Services. Our content serves solely for general information purposes, and you bear sole responsibility for deciding whether to use the Services. You acknowledge that trading, using, and holding Digital Tokens inherently involve risks.

11.5 Modification or Termination: We are not liable to you or any third party for any modification or termination of the Services, or suspension or termination of your access to the Services.

12. LIMITATION OF LIABILITY

12.1 We do not exclude or limit our liability to you where it would be illegal to do so. In jurisdictions where the following exclusions are not permitted, our liability to you is limited to losses and damages that are a reasonably foreseeable result of our failure to exercise reasonable care and skill or our breach of contract with you. This paragraph does not affect consumer rights that cannot be waived or limited by any contract or agreement.

12.2 To the extent permitted by applicable law, you agree that under no circumstances will we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries (the “Wink3 Parties”) be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible property, whether such liability is asserted on the basis of tort or otherwise, and whether or not the Wink3 Parties have been advised of the possibility of such damages arising out of or in connection with: (a) your use or inability to use the Services, your Digital Tokens, or the Wink3 network; (b) inaccessibility or termination of the Services; (c) any hacking, tampering, unauthorized access to or alteration of any transaction or your Data; (d) any transaction or agreement entered into by you with any third party through the Services; (e) any activities or communications of third parties; (f) any loss of the value of any Digital Tokens; (g) any Third-Party Content accessed on or through the Services; (h) errors, mistakes, or inaccuracies in our Content; (i) personal injury or property damage of any nature whatsoever resulting from any access to or use of the Services; (j) viruses, trojan horses, or the like that may be transmitted to or through the Services; (k) the defamatory, offensive, or illegal conduct of any third party.

This limitation of liability applies whether the damages arise from the use or misuse of, or reliance on, the Foundation or the Services, notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted by applicable laws.

12.3 Under no circumstances will the Wink3 Parties be liable to you for any direct claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding US$100. If you are dissatisfied with the Services, you agree that your sole and exclusive remedy will be for you to discontinue your use of the Services. This limitation of liability applies to the fullest extent permitted by applicable laws.

12.4 You agree to defend, indemnify, and hold harmless the Wink3 Parties from and against any claims, damages, costs, liabilities, reasonable attorneys’ fees, and expenses brought against a Foundation Party by any third party arising out of or related to:

(a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another person; (d) your conduct in connection with the Services; (e) your use of any Digital Tokens, or the Wink3 network.

Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions in this paragraph may not apply to you. If you are obligated to indemnify any of the Wink3 Parties, we reserve the right, in our sole discretion, to control any action or proceeding and to determine whether to settle and on what terms.

13. Governing Law

These terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region for the resolution of any disputes arising out of or in connection with these Terms.

14. Dispute Resolution, Arbitration, and Waiver of Class Action

14.1 PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THEY REQUIRE YOU TO SETTLE DISPUTES WITH US THROUGH INDIVIDUAL ARBITRATION BEFORE A SOLE ARBITRATOR AND NOT AS A MEMBER OF A CLASS ACTION. ARBITRATION PREVENTS YOU FROM SUING US IN COURT OR FROM HAVING A JURY TRIAL, THOUGH YOU MAY BRING A DISPUTE AGAINST US IN SMALL CLAIMS COURT IF YOU QUALIFY.

14.2 We will make our best efforts to resolve any potential disputes through informal, good faith negotiations. Should a dispute arise, and you choose to initiate a claim based on contract, tort, fraud, misrepresentation, or any other legal theory, or any other formal proceeding related to these Terms, the Content, or the Services (each, a “Dispute”), you agree to resolve it through binding arbitration, as outlined below:

  • Arbitration Process: Arbitration will be conducted confidentially by a single arbitrator, with proceedings conducted in English. The arbitrator will apply applicable statutes of limitation and all relevant laws, honoring claims of privilege recognized by law.
  • Arbitration Administration: The dispute will be exclusively settled by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Administered Arbitration Rules. Arbitration will take place in Hong Kong unless both parties agree otherwise. The courts in Hong Kong will serve as the appropriate forum for any appeals of an arbitration award or for court proceedings if this clause is deemed unenforceable.
  • Discovery Process: Parties will not seek discovery from each other during arbitration. Instead, each party will disclose evidence supporting their positions at a mutually agreeable time and date before the final arbitration hearing.
  • Scope: This clause covers the enforceability, revocability, scope, and validity of the arbitration agreement or any portion of it, as well as any other disputes arising from its interpretation or applicability. The arbitrator, not a court or judge, will decide on all such matters.
  • Costs: If the arbitrator or arbitration administrator imposes filing fees or other administrative costs on you, we will reimburse you upon request to the extent such fees or costs exceed those that you would otherwise pay in court. Additional fees or costs will be paid if required by the arbitration administrator’s rules or applicable law.
  • Confidentiality: At either party’s request, all arbitration proceedings will be conducted confidentially, with documents, testimony, and records received, heard, and maintained by the arbitrator under seal. Access will be limited to the parties, their respective attorneys, and agreed-upon experts, consultants, or witnesses.

14.3 Unenforceable Provisions: If the requirement to arbitrate or the prohibition against class actions and other disputes brought on behalf of third parties in this clause is found to be unenforceable, only the unenforceable provisions will be deemed removed from these Terms, and all remaining obligations will continue in full force and effect.

14.4 Survival: This section shall survive any termination of these Terms.

14.5 Exception for Injunctive Relief: Notwithstanding anything in this clause to the contrary, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights without first engaging in arbitration or the informal dispute resolution process described above.

15. General Provisions

15.1 No Waiver; Severability; Non-Assignability: Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect, and an enforceable term will be substituted reflecting our intent as closely as possible, to the extent permitted by applicable law. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

15.2 Entire Agreement: These Terms constitute the complete and exclusive statement of the agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Services. Section headings in these Terms are for convenience only and will not govern the meaning or interpretation of any provision.

15.3 Survival: All provisions of these Terms pertaining to suspension or termination, debts owed to us, general use of the Services, Disputes with us, as well as provisions which by their nature extend beyond the expiration or termination of these Terms, will survive the termination or expiration of these Terms.

15.4 Relationship of the Parties: Nothing in these Terms will be deemed or is intended to be deemed to cause you and us to be treated as partners, joint-venturers, or otherwise as joint associates for profit, and neither you nor we will be treated as the agent of the other. This includes the fact that nothing in these Terms establishes or is intended to establish any employment relationship between you and us.

15.5 No Professional Advice or Fiduciary Duties: All Content provided by us is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Services. Before you make any financial, legal, or other decisions involving the Services or any Digital Tokens, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. These Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by Law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.

15.6 Change of Control: In the event that we are acquired by or merged with a third-party entity, or otherwise assign certain functions to an affiliated or successor entity or other entity that we determine is in the best interest of Users, then we reserve the right, in any of these circumstances, to transfer or assign the Data we have collected from you as part of such merger, acquisition, sale, or other change of control, in accordance with applicable law.

15.7 Force Majeure: We will not be liable for delays, failure in performance, or interruption of service that result directly or indirectly from significant market volatility in Digital Tokens, any act of God, acts of civil or military authorities, acts of terrorists, civil disturbances, war, strike, health emergency, labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment or software, or any cause or condition beyond our reasonable control (each, a “Force Majeure Event”). The occurrence of a Force Majeure Event will not affect the validity and enforceability of any of the remaining provisions of these Terms.

15.8 Language Provision. These Terms are originally drafted in the English language. In the event of any conflict or discrepancy between the English version and any translated version of these Terms, the English version shall prevail.