- Fling Group accessed at https://fling.group/ ("Fling Group", "Fling!" or the "Website") is a social media website and application service that allows users to convert a standard telegram group into a fling group(referred as a premium telegram group), and therefore earning money from any paying group member. Fling group is operated by OKay Inc: OKay Inc a Canadian Registered Corporation with an address at 186 Heritage Pl, Cornwall, ON, K6J 5V7, Canada. Fling Group responsibilities and rights are extended to OKay Inc as well.
- This Website and any of its functionalities is offered and available to users who are 18 years of age or older. By using this Website or any of its functionalities, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
- We reserve the right to make changes to these Terms at any time and at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. By continuing to use Fling Group after such notice, you agree to these Terms as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
- We do not own User Content on Fling Group and views expressed by Users on Fling Group do not represent the views of Fling Group. All User Content transactions and interactions on any premium Telegram group are between Users and at no point will Fling Group become a party to any transaction or interaction between Users.
- We reserve the right at any time and without notice to:
- Modify, suspend or terminate Fling Group or any portion thereof;
- restrict, limit, suspend or terminate your access to Fling Group or any portion thereof;
- delete any content you post on a Fling Group if in our reasonable opinion it does not comply with these Terms and/or applicable law;
- monitor your use of Fling Group (including any content or message you post or broadcast on Fling Group) to verify compliance with these Terms and/or any applicable law;
- investigate any suspected or alleged misuse or unlawful use of Fling Group and cooperate with law enforcement in such investigation;
- disclose information about your use of Fling Group in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order, or
- change the payment or payout processor that enables you to make or receive payments as a User.
- From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.
2. How It Works
- Fling Group offers a Telegram group for your Telegram group, which in turn allows you to:
- Bill membership,
- filter undesirable members, and/or
- filter undesirable messages.
- The term "User" refers to all users, whether using the Website or Telegram to earn money as a content creator or as a reader (also known as fan).
- The term "User Content" any and all media uploaded by any content creators.
- The term "Exclusive Content" is just a commercial way to refer to User Content. It doesn't mean it is only available in Fling Group
- There is no need create an account on Fling Group. To use Fling Group capabilities, you just need to add Andrew Martin to your standard Telegram group. The setup process will request information and you must provide it: a valid PayPal address, a subscription membership price and optionally your Winko Club authentication token. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. This information may change from time to time.
- If you are looking to access exclusive content through a Fling Group, you will need a valid credit card to purchase your membership. However, as far as legally possible, Fling Group reserves the right to change the payment processors it uses at any time and without notice to you. Fling Group does not store any payment card information.
- If you are looking to earn money by posting content in a Fling Group, you will need to provide a valid PayPal account when setting up your group. Your earnings will be paid into your PayPal account. Fling Group does not store any bank account information, which is stored by our third-party payout processors.
- By setting up Fling Group, you confirm that:
- All content, Telegram profile information and content you provide is your own information and the content is truthful and accurate;
- if you previously had an account with Fling Group, your old account was not terminated or suspended by Fling Group for violation of these Terms;
- you will not use any third-party payment processors to accept payments for accessing your content, or any other service, via Fling Group;
- you register on Fling Group for your own personal use and you will not sell, rent or transfer your account to any third party; and
- Fling Group reserves the right, at any time, to verify the information which you provide to us as well as your compliance with these Terms and to suspend your account if it is unable to do so to its reasonable satisfaction.
- We have the right to disable any Fling Group, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
4. Purchase of Membership and Payments
- To access another User's content on Fling Group, you must have a valid credit card to pay for a Telegram group membership. After the purchase is confirmed by the credit card gateway, the author user's balance of such content updated and the buyer (known as well as fans) will have access to the Fling Group.
- The balance of any author users contains already the Fling Group fee, which currently is twenty percent (20%); this percentage may decrease depending on your answers when setting up a Fling Group.
- Author Users of a purchased membership are paid through manual request; this option is available by requesting it directly to Andrew Martin. The minimum request amount is twenty-five Canadian dollars (25 CAD).
- Fling Group uses PayPal to transfer funds to any author user. Payment will be done to the PayPal account that is configured in such author user account.
- All purchases made on Fling Group are final and non-refundable. However, following situations when a possible refund may apply:
- When the author user (content creator) has blocked and kicked out permanently a fan. The fan will have the right to request a refund, we will review and we will take a final decision based on what was delivered. We will utilize the date of the report to calculate the partial refund, if it applies. If a refund is granted, the balance of the content creator will be decreased.
- Any purchase made on Fling Group resulting in a chargeback without any prior authorization, will cause the User’s account to be immediately and permanently excluded from Fling Group. Additionally, the chargeback amount will be removed from the earning Content Creator's income balance.
6. Account Deactivation
- Since Fling Group uses Telegram. Any account deactivation must be done using the Telegram platform.
7. Intellectual Property Rights
- Other than User Content, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Telegram is an instant messaging platform that Fling Group uses. Fling Group do not hold any rights over Telegram.
- You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- you may store files that are automatically cached by your Web browser for display enhancement purposes.
- If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Other than User Content posted by you, there is no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
- The Fling Group name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
- Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use our website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Fling Group other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.
- We do not warrant that Fling Group is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Fling Group is compatible with your device. From time to time we may make updates to Fling Group and will make such updates available through the website.
9. Acceptable Use
- We require that all Users respect and comply with these Terms below, at all times, when using Fling Group
- You may not:
- Use Fling Group other than for your own lawful and personal use in accordance with these Terms;
- impersonate us, one of our employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
- falsify account registration information, or make unauthorized use of another's information or content;
- use Fling Group in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
- copy, reproduce, distribute, modify, or create derivative works from, any portion of Fling Group without our express written permission;
- use Fling Group for the purpose of depicting a minor in a sexual or suggestive way, or exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or Users of the Website or expose them to liability;
- create, upload, post, display, publish or distribute User Content that:
- Is obscene, illegal, fraudulent, defamatory, libellous, hateful, discriminatory, threatening or harassing, or in any way incites violence or any of the aforementioned prohibitions;
- violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or another identity of another without proper consent);
- promotes or advertises escort services;
- promotes or advertises firearms or other weapons, tobacco, drugs, or drug paraphernalia;
- promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
- causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
- involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
- gives the impression that it emanates from or is endorsed by us or any other person or entity if this is not the case;
- act in an abusive manner towards any other user or employee of the Website;
- remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own;
- use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website;
- decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Fling Group;
- interfere in any way with the operation of Fling Group or any server, network or system associated with Fling Group, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user's account that you are not expressly authorized to access;
- use Fling Group for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app's availability, performance or functionality, or for any other competitive purposes;
- use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access Fling Group or any server, network or system associated with Fling Group, or to extract, collect, harvest or gather content or information from Fling Group;
- make any other use of Fling Group that violates these Terms or any applicable law; or
- invite or suggest in any way to forward users to an external website to conduct business there.
- We do not allow images of minors.
- By registering an account with Fling Group, you represent and warrant that:
- You are at least 18 years of age;
- you will fully comply with these Terms;
- you accept full responsibility for the use of Fling Group on any device, whether or not it is owned by you;
- you accept full responsibility for any User Content created or provided by you; and
- your use of Fling Group will not violate these Terms or any applicable law.
- If you are using Fling Group on behalf of a business or other entity, you warrant that you are authorized to grant all the licences stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms.
- Accept Winko Club Telegram as a viewer on any of your group. We will add as per our discretion. Banning the Winko Club Telegram viewer will cause an immediate cancelation of your group without any kind of balance withdrawal.
10. User Content
- By creating and publishing User Content on Fling Group, you authorize your group members to access and view (without downloading or copying) your User Content on Fling Group for their own lawful and personal use. You also represent, warrant and undertake that:
- You own, have a valid licence to, or otherwise control all rights in and to your User Content;
- to the extent your User Content includes or utilizes any third-party property, you have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in your User Content; and
- your User Content is non-confidential and will be made available to your Readers on winko.club (if you hold a verified Winko Club account) at our discretion, this publications won't be free as you are entitle for a payment on any platform.
- You grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
- You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- You shall indemnify us, our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
- We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
- Upon setting up your fling.group, you also agree to act as custodian of records for the content that you upload to fling.group.
- We reserve the right to modify your content to improve it. Such actions could be:
- typo or misspellings corrections,
- tagging the article where the User Content resides,
- adding some text description or keywords,
- adding some description proprieties to the images or videos, or
- adding watermark to your images or videos.
11. Linking to the Website and Social Media Features
Although Telegram is an instant messaging platform, it may be considered a social platform as well. Therefore:
- The owner of any fling.group, besides Andrew Martin, is the only person authorized to post any kind of links pointing to external websites such as:
- Facebook profile,
- Twitter account,
- Instagram account,
- LinkedIn profile,
- Winko Club profile,
- Onlyfans profile,
- You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. However, you must not:
- Establish a link from any website that is not owned by you;
- link to any similar service as Fling Group;
- cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
- link to any part of the Website other than the homepage, your own articles (winks) or your profile link; or
- otherwise, take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
- We may disable all or any social media features and any links at any time without notice at our discretion.
12. Links from the Website
- If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- You are allowed to link to your social media accounts using the proper fields; however, we expect you to:
- Understand the risks of doing transactions out of our platform,
- if you want to sell customized and private content, conduct business in winko.club and do not forward users to another platform, and/or
- do not perform any fraudulent activity.
13. Disclaimer of Warranties; Limitations of Liability
- By using Fling Group, you acknowledge and agree as follows:
- Fling Group and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, expressed or implied, with respect to Fling Group and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or guarantee the accuracy, usefulness, completeness or reliability of Fling Group, or the results of your use of Fling Group. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We also do not warrant or guarantee that Fling Group and all of its services and features will be available at any particular time or location; that Fling Group and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that Fling Group and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of Fling Group and its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
- Fling Group does not warrant or guarantee that use of the Website will be uninterrupted or error-free twenty-four hours a day, seven days a week, since Fling Group may need to carry out maintenance of the Website from time to time. However, Fling Group will use its reasonable endeavours to carry out any such maintenance of the Website outside of business hours (including between 09:00 and 17:00 (EST time) and will endeavour to give reasonable notice where possible, however, this may not always be possible;
- in no event shall our total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) Fling Group or any of its services or features, exceed fifty Canadian dollars (50.00 CAD). This does not affect any liability that cannot be excluded or limited under applicable law.
- Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such a case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) Fling Group or Okay INC any of its services or features shall be limited to the maximum extent permitted by law or if no amount is specified, one hundred Canadian dollars (100.00 CAD).
14. User Indemnification
- By using Fling Group, you agree to indemnify and not to hold us liable, our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:
- Your use of Fling Group or any of its services or features;
- any User Content created, published, or otherwise made available on Fling Group by you;
- any transaction or interaction between you and any other User of Fling Group; and/or
- your violation of these terms or any applicable law.
15. Governing Law and Dispute Resolution
- You and we agree that these Terms shall be governed by and construed in accordance with the laws of Canada (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning Fling Group or arising out of or related to these Terms shall be resolved exclusively in the courts of Canada.
- Except where prohibited by applicable law, any claim or cause of action by you concerning Fling Group or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.
16. Waiver and Severability
- No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
17. Entire Agreement
- The Terms constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.