Terms of Use Terms of User for <strong>www.wishlist.com</strong>
<p>Last Updated June 15, 2020</p>
<p>
<b>PLEASE READ THESE TERMS OF
USE CAREFULLY.</b>
</p>
<p>These are the Terms of Use
(the “Terms”) for using and accessing our websites, platform, software,
content, products, applications (mobile or otherwise), social media accounts,
forums, or other services (collectively, the “Site”) provided by Wish-List,
Inc.
and its affiliated companies (hereinafter “WishList “Company,” “We,” or
“Us”).</p>
<p>By accessing our Site, you
agree to be bound by these Terms.
If you do not agree to these Terms, then you
should not use our Site or any of our services.
You may also be bound to other
agreements, such as our <b>Privacy Policy</b>, <b>Cookie Policy</b> and any other agreements, rules,
policies, or terms that we may publish and implement from time to time
(collectively, “Other Policies”).
Those Other Policies are hereby incorporated
into these Terms of Use.
If there is a conflict between these Terms and one of
the Other Policies, the terms of that Other Policy shall control.
</p>
<p>You may not use the Site if:
(1) you are not of legal age or capacity to entering into a binding agreement
with us unless you have approval of a guardian, or (2) you are not permitted to
receive any services under the laws of the United States of America or other
countries or regions including the country or region in which you are a
resident or from which you use the services.
We reserve the right to terminate,
suspend, change, or restrict access to all or any part of our Site without
notice or liability.</p>
<p>PLEASE NOTE THAT THESE TERMS
INCLUDE AN <b>ARBITRATION PROVISION</b>, WHICH YOU WILL BE BOUND TO BY USING
AND ACCESSING OUR SITE.</p>
<p>1.  .
<b>ACCESS AND USE OF SITE.
</b>
</p>
<p>a.  .
<b>Types of Users.
</b>Those who may use our Site may include Wish List
organizers, gift givers, contribution organizers, benefactors, and/or other
users of our Site (collectively, the “Users”).
Our Site is designed to allow Users
to perform a variety of actions, including posting wish lists, posting contribution
wish lists, benefactors providing funds, or the issuance and acceptance of
monetary contributions.
To learn more about WishList, please visit https://www.wishlist.com/ways2addwishes.
</p>
<p>b.  .
<b>Registration.
</b>To access and use our Site, you may be required to
complete a registration with us.
You agree to enter and maintain true,
accurate, and up to date information.
You will not register with a pseudonym,
false identity, avatar, or false image.
Nor shall you submit or post any false
or misleading information on our Site.
The use of any personally identifiable
information shall be governed by our Privacy Policy.
</p>
<p>c.  .
<b>Age Requirement.
</b>You must be at least 18 years old or the age of
consent in your jurisdiction to use our Site <i>unless </i>you have approval of
a parent or guardian.
however, this Site is not directed at Users under the age
of 13.
If you are under the age of 13, you should stop using the Site
immediately.
</p>
<p>d.  .
<b>Security of Account.
</b>In order to conduct certain activities and
functionalities of the Sites, you may need to register for an account, which
includes creating access credentials, such as an email address and password.
You are solely responsible for (1) monitoring, controlling access to, and
maintaining the strict confidentiality of your access credentials, (2) not
allowing another person to use your access credentials, and (3) any charges or
damages that may be incurred as a result of your failure to maintain the strict
confidentiality of your access credentials.
We are not responsible for any harm
relating to the theft of access credentials resulting from your actions, your
disclosure of access credentials, or your decision in violation of these Terms
to allow another person or entity to access and use our Site using your access
credentials.</p>
<p>You
must immediately notify us regarding any unauthorized use of your account or
access credentials or any other concerns that you have about the misuse or
security of your account by contacting us at the mailing or email address
listed below.
You acknowledge and agree that you are solely responsible for
maintaining the security of the devices you may use to access the Site.
We are
not responsible for any losses resulting from the loss or theft of any such
device.
</p>
<p>e.  .
<b>Modification &.
Cancellation.</b> We reserve the right, at our sole discretion, to
modify, suspend, restrict, or discontinue your access and use of the Site or
any part thereof.
We shall not be responsible for any losses incurred due to
our modification, suspension, restriction, or discontinuance of your account.
We
also reserve the right to cancel any contribution or transaction.
</p>
<p>f.  .
<b>Availability.
</b>Our Site is not intended for distribution to, or use
by, any person or entity in any city, county, state, or country where its
distribution or use would be contrary to its respective law or regulation.
By
offering our Site, no distribution or solicitation is made by us to any person
to use our Site in jurisdictions where the provision of our Site is prohibited
by law.
We are also not responsible for any system outages, slowdowns, or
capacity limitations.
</p>
<p>g.  .
<b>Monitoring Our Site.
</b>We have no obligation to monitor our
Site.
however, you acknowledge and agree that we have the right to monitor our
Site from time to time and disclose any information as necessary or appropriate
to satisfy any law, regulation, governmental request, to operate or improve our
Site, or to protect ourselves or Users of our Site.
</p>
<p>h.  .
<b>Information Publicly Available.</b> Some information you provide us, such as profile
information or information about contribution wish lists, may be publicly
available on our Site.
Please review our Privacy Policy before using our Site.
</p>
<p>
<b>2.  .
</b>
<b>OUR PRIVACY POLICY.</b> To provide the Site, we must collect and use your
personal data.
We detail our practices in the <b>Privacy Policy</b>, which you
must agree to in order to use our Site.
We also encourage you to review the
privacy choices you have in <b>your settings</b>.</p>
<p>7.  .
<b>PROMOTIONS.
</b>You are not permitted to offer any contest,
sweepstakes, competition giveaway, or other similar activity (collectively,
“Promotions”).
</p>
<p>8.  .
<b>USER CONDUCT AND PROHIBITED
CONDUCT.
</b>You are solely responsible
for any content you upload, post, publish, transmit, or display on our Site.
We
reserve the right to investigate any conduct on the Site or assist with any
investigation of conduct on the Site.
The activities or items prohibited
include, but are not limited to: violations of local state or federal law.
fraudulent, misleading, inaccurate, or dishonest content.
illegal drugs,
pharmaceuticals, steroids.
claims that have not been verified or have not been
approved by an applicable regulatory body.
weapons (such as knives, explosives,
ammunition, or firearms).
annuities, securities, investments, equity, law-away
systems, offshore banking, gift cards or other monetary rewards, credit repair
or debt services.
money services businesses (such as currency exchange, check
cashing, cash conversion, pyramid schemes, “get rich schemes”.
networking
opportunities.
referral marketing programs.
debt collection.
crypto-currencies.
gambling (such as lotteries, sweepstakes, casinos, sports betting, fantasy
sports, raffles, auctions, any games of skill or chance).
association with
hate, violence, harassment, bullying, discrimination, terrorism, intolerance
including but not limited to race, ethnicity, age, national origin, religious
affiliation, sexual orientation, sex, gender, gender identity, or disabilities.
countries, regions, governments, persons, or entities subject to economic
sanctions or otherwise not permitted to conduct business with those in the
United States.
ransom, human trafficking, sexual exploitation, vigilantism,
bribes, or bounty.
pornography or other sexual content.
graphic, disturbing, or
offensive content.
transactions before seller has control of item.
attempts to
bypass our designated payment methods.
sale or resale of item without any
benefit to buyer.
attempts to hide origins of funds.
counterfeits or use of
unlicensed materials.
directly infringing upon or facilitating infringement of
another’s intellectual property rights.
to simply collect email addresses or
other information about Users.
sale of goods that illegally imported.
or any
other activity we deem to be unacceptable.
</p>
<p>9.  .
<b>NO ENDORSEMENT.
</b>We do not endorse and are not responsible for any User,
wish list, wish list organizer, contribution wish list, contribution organizer,
charity, or any individual or entity.
Any contributions are at your own risk.
It is your responsibility to determine whether you feel your contribution is a
sound financial decision.
</p>
<p>10.  .
<b>NO GUARANTEES.
</b>We
do not guarantee that any wish list or charity will obtain a certain amount of
contributions or any contributions at all.
Nor do we guarantee, implicitly or
explicitly, that any information by a contribution organizer is accurate.
We
disclaim any liability or responsibility for the success or outcome of a contribution
purpose.
We do not and cannot verify the information a contribution organizer
provides, nor can we guarantee that contributions will be used in accordance
with the contribution purpose or in accordance with applicable laws.
Any such
responsibility rests with the contribution organizer.
</p>
<p>11.  .
<b>NOT A CHARITY.
</b> WishList
is not a charitable organization and therefore you will not be able to classify
your contributions as tax-deductible under applicable tax laws and regulations.
</p>
<p>12.  .
<b>NOT A BROKER. .
</b>We
are an administrative website only.
We do not sell of facilitate the selling of
securities.
We are not a broker, financial institution, or a creditor.
</p>
<p>13.  .
<b>TAXES.
</b>We
make no representation as to what, if any, taxes you may owe as a result of
your contribution.
It is your responsibility to research, track, assess,
collet, report, or remit any taxes to any applicable local, state, or federal
authorities.
</p>
<p>14.  .
<b>THIRD-PARTY SERVICES.
</b>In order to use and access our Site, you may be
required to use third-party services, such as a payment processor.
These third
parties may have policies or procedures of their own.
They may require
registration, the entering of personal information, underwriting, or for you to
agree to their terms of use, privacy policies, or other agreements or policies.
We are not responsible for any conduct, policies, procedures, agreements, terms
of use, or privacy policies of a third party, and encourage you to carefully
read any such items that may be required.
</p>
<p>15.  .
<b>INTELLECTUAL PROPERTY.
</b>You may not use, copy, display,
distribute, download, republish, sell, resell, modify, reproduce, scrape, frame,
use robots, or data for any of our trademarks, copyrights, patents, or other
intellectual property found on our Site unless authorized by us in writing,
such as in a licensing agreement.
This includes but is not limited to software,
source code, photographs, written content, images, text, data, logos, video
clips, graphics, directories, files, databases, lists, and designs.</p>
<p>Moreover, any information you submit to us may be deemed and
remain our property.
To the extent any such information is not owned by us, you
hereby irrevocably assign that information to us.
To the extent that such
information is not assignable, you hereby provide us a non-revocable worldwide
royalty-free and non-exclusive license (with the right to sublicense) to use,
copy, reproduce, perform, display, process, adapt, transform, modify, sell,
resell, publish, transmit, display, distribute, and create derivative works of the
information in any and all mediums, now known or hereafter in existence, in
perpetuity.
</p>
<p>16.  .
<b>REPORTING MISCONDUCT.
</b>If you have any reason to believe a contribution
organizer or charity is not using the funds for the stated purpose, is engaged
in improper conduct, or is in violation of these Terms, please use the Report
button on the contribution wish list.
</p>
<p>17.  .
<b>REPRESENTATIONS &.
WARRANTIES.
</b>You hereby represent and warrant that you (1) have the
right to enter into these Terms, (2) all information you provide to us is true,
accurate, and up to date, (3) if you are entering into these Terms on behalf of
an organization, entity, or group, that you have actual authority to enter into
these Terms on its behalf, and (4) you are the age of consent in your state or
have obtained written permission from your parent or guardian, and (5) nothing
you provide on our Site or in conjunction with our services violates or shall
violate any local, state, or federal law.
</p>
<p>18.  .
<b>WARRANTY DISCLAIMER.
</b>THE INFORMATION AND MATERIALS CONTAINED
ON OUR SITE, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, AND CONTENT ARE
PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY, EITHER EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
ADDITIONALLY, THERE ARE NO
WARRANTIES AS TO THE RESULTS OF YOUR USE OF CONTENT OR WEBSITES.
WE DO NOT
WARRANT THAT OUR SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT
THE SITE DOES NOT CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
USE
OF OUR SITE IS AT YOUR OWN RISK.</p>
<p>19.  .
<b>LIMITATION OF LIABILITY.
</b>IN NO EVENT WILL WE (INCLUDING OUR
EMPLOYEES, AGENTS, OFFICERS, MANAGERS, INVESTORS, DIRECTORS, AFFILIATES,
PARENTS, SUBSIDIARIES, OR PROVIDERS) BE LIABLE FOR ANY DAMAGES, INCLUDING
GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY
OTHER DAMAGES, LOSSES, OR EXPENSES (INCLUDING WITHOUT LIMITATION, LOST PROFITS,
OR BUSINESS INTERRUPTION) OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO
THE USE OR INABILITY TO USE OUR SITE OR ANY THIRD-PARTY WEBSITES THAT ARE OUR SITE
LINKS TO OR IS OTHERWISE CONNECTED TO.
NOR SHALL WE BE LIABLE FOR ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF WE OR A
REPRESENTATIVE THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES,
OR EXPENSES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP
USING IT.
IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
</p>
<p>UNDER
NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE OR DISRUPTION
OF CONTENT OR SERVICES DELIVERED THROUGH THE SITE RESULTING DIRECTLY OR
INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND REASONABLE CONTROL,
INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER, TELECOMMUNICATIONS,
OR ANY OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR
DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OR LABOR OR
MATERIALS, FIRES, FLOOD, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL
ACTIONS, ORDERS OF DOMSESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE
OF THIRD PARTIES.</p>
<p>IF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, YOU AGREE
THAT OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY
KIND OR NATURE SHALL BE LIMITED TO THE LESSER OF THE TOTAL LIABILITY OR THE
FEES YOU PAID.</p>
<p>20.  .
<b>INDEMNIFICATION.
</b>You hereby agree to indemnify, defend, and hold us
harmless from and against any and all claims, losses, expenses, demands, or
liabilities, including attorneys’ fees and costs, incurred by us in connection
with any claim by a third party arising out of (i) materials and content you
submit to, post to, or transmit through our Site or (ii) your use of our Site
in violation of the Terms or any applicable law.
You further agree to cooperate
fully in the defense of any such claims.
We reserve the right, at your cost, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and you shall not settle any claim or matter on our
behalf without our written consent.
</p>
<p>21.  .
<b>CHANGES TO SITE.
</b>We reserve the right to amend, modify, or and/change
these Terms at any time and without prior notice.
If we decide to change our
Terms, we will conspicuously post a link to the updated Terms in places on our
website that we deem appropriate.
By continuing to our Site, you hereby consent
to any such changes.</p>
<p>
<b>22.  .
</b>
<b>ARBITRATION.</b>
<b> You agree that by accepting these
Terms, we each are waiving their respective right to a trial by jury and the
ability to participate in a class action lawsuit.
ANY AND ALL DISPUTES RELATING
TO THE COMPANY’S SERVICES, TO THE COMPANY IN GENERAL (INCLUDING INTERACTIONS
WITH THE COMPANY, DATA, ADVERTISEMENTS AND DISCLOSURES, MESSAGES SENT TO YOU
(EMAIL, TEXT, SMS, FAX OR ANY OTHER MESSAGE)), THESE TERMS AND PRIVACY POLICY
WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN ROLLING HILLS ESTATES, CA.</b>
</p>
<p>
<b>If you intend to seek arbitration, you must first send a written
Notice of Dispute to us via certified mail at </b> <b>46-E Peninsula Center, Suite 363, Rolling
Hills Estates, CA 90274, describing the nature of the claim and the specific
relief sought.
The notice should also be e-mailed to legal@wishlist.com.
If we
cannot reach a resolution within 30 days after our receipt of the Notice of
Dispute, then you or we can commence arbitration with the American Arbitration
Association.
The arbitration shall be conducted under the Commercial
Arbitration Rules of the American Arbitration Association, unless you are able
to show that you are a consumer, in which event (1) the Consumer Arbitration
Rules of the American Arbitration Association will apply, and (2) we will pay
any filing fees in excess of what you would have had to pay for filing a
lawsuit in state or federal court (whichever is greater) in the judicial district
where you reside.
The arbitrator’s judgment shall be final, non-appealable, and
binding, and the judgment shall be enforceable in state or federal court.
Each
Party shall be responsible for their own fees and costs for their attorneys and
expert witnesses.
The arbitrator may only award money or equitable relief to
the extent necessary to provide relief warranted for the Party’s claim.
</b>
</p>
<p>
<b>If you are not an incorporated entity or if the Commercial
Arbitration Rules of the American Arbitration Association are not applicable,
then the Consumer Arbitration Rules of the American Arbitration Association
will apply.
All other terms of this arbitration section shall apply.
</b>
</p>
<p>23.  .
<b>GENERAL PROVISIONS: </b>
</p>
<p>a.  .
<b>Compliance.</b> You agree that you will comply with all applicable
laws and regulations when using our Site.
</p>
<p>b.  .
<b>Termination. .
</b>The Terms are effective until terminated
by us.
We may terminate at any time without notice or suspend or terminate your
access and use of our Site at any time, with or without cause, in our absolute
discretion and without notice.
The following provisions shall survive
termination of your use or access to our Site: the sections concerning
Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute
Resolution, Severability, General Provisions, and other provision that by its nature
would be expected to survive termination of your use or access to our Site.
</p>
<p>c.  .
<b>Waiver.
</b>Failure by us to enforce any of our
rights under the Terms shall not be construed as a waiver of those rights or
any other rights in any way whatsoever.</p>
<p>d.  .
<b>Additional Terms.
</b>The Terms shall be subject to any other
agreements you have entered into with us.
Certain sections or pages of our Site
may contain separate terms and conditions.
In the event of a conflict, the
additional terms and conditions will govern those sections or pages.</p>
<p>e.  .
<b>No Partnership.
</b>Nothing in these Terms shall create an
employee/employer relationship, partnership, joint venture, or
franchise/franchiser relationship.
</p>
<p>f.  .
<b>Severability.
</b>If any portion or provision of these
Terms is found to be invalid or unenforceable, the remaining portions and
provisions shall remain in full force and effect.
</p>
<p>g.  .
<b>Changes.
</b>We reserve the right to amend, modify,
or and/change these Terms at any time and without prior notice.
If we decide to
change our Terms, we will conspicuously post a link to the updated Terms in
places on our website that we deem appropriate.
By continuing to our Site, you
hereby consent to any such changes.
</p>
<p>h.  .
<b>Assignment.</b> We may assign these Terms and/or any rights herein to
a third party without the need for written permission and without notice.
However, you may not assign these Terms or your account to a third party without
first obtaining written consent from us.
</p>
<p>i.  .
<b>Entire Terms.
</b>These Terms supersede any prior terms to
which we may have been bound.
The Terms shall be binding on, inure to the
benefit of, and be enforceable against the Parties and any respective successors
and assigns.
You may not assign any rights or obligations under these Terms to
a third party without express written consent from us.
</p>
<p>j.  .
<b>Governing Law.
</b>This Agreement shall be governed and interpreted under
the laws of the State of California.
</p>
<p>CONTACT US:</p>
<p>WishList.com, Inc.
<br> 46-E Peninsula Center, Suite 363<br> Rolling Hills Estates, CA 90274</p>
<p>support@WishList.com</p>
<br>
<br> About <p> The first Wish was made on WishList.com February 18, 1998.
Since then, millions of Wishes have been made here.
</p>
<p> If you have ideas for how to make WishList better, let us know.
</p> Company <ul>
<li>About WishLists</li>
<li>+WishList.com App</li>
<li>Add Wishes</li>
<li>Accept Contributions</li>
<li>Send Invites</li>
<li>Help / Feedback</li>
<li>Privacy Policy</li>
<li>Cookie Policy</li>
<li>Terms of Use</li>
</ul>
<p>Copyrights © 2020 All Rights Reserved by WishList.com</p>
<i>
</i> We use cookies - for WishList.com's functionality.
By using our website, you accept that we may store and access cookies on your device.
Learn more.
Got it <i>
</i>
<i>
</i> No Yes × ❮ ❯