Terms of Service & User Agreement
THE WISH NETWORK TERMS OF USE
1. ACCEPTANCE OF TERMS
The Wish Network is an online forum operated by The Wish Network, LLC,
an Ohio limited liability company, that allows users to enter a wish, search
others wishes, and allows users to interact in order to fulfill wishes or needs.
The Wish Network allows users to place a wish onto the site for free in the
database for a pre-defined period of time. The user can pay a small fee to
keep the wish listed for longer periods. The wisher will have to complete
some simple forms as well as describe the wish enough as to entice any
granter to want to fulfill that wish. The Wish Network will not be limited to
certain wishes or certain types of wishers. It will be available to the entire
general public. All content on The Wish Network.com will be screened for
inappropriate material. These services as a whole (the “Service") are
subject to the following Terms of Use ("TOU"). By using the Service in any
way, you are agreeing to comply with the TOU. In addition, when using
particular services, you agree to abide by any applicable posted guidelines
for all services of The Wish Network, which may change from time to time.
If you object to any term or condition of the TOU, any guidelines, or any
subsequent modifications thereto or become dissatisfied with The Wish
Network in any way, your only recourse is to immediately discontinue use
of The Wish Network. The Wish Network has the right, but is not obligated,
to strictly enforce the TOU through self-help, community moderation, active
investigation, litigation and prosecution.
2. MODIFICATIONS TO THE TERMS OF USE
We reserve the right, at our sole discretion, to change, modify or otherwise
alter this TOU at any time. Such modifications shall become effective
immediately upon the posting thereof. You must review this TOU on a regular
basis to keep yourself apprised of any changes. You can find the most recent
version of the TOU at: http://www.thewishnetwork.com/terms.php
3. CONTENT
You understand that all wishes, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content that you
post, email or otherwise make available via the Service. You understand
that The Wish Network does not control, and is not responsible for Content
made available through the Service, and that by using the Service, you
may be exposed to Content that is offensive, indecent, inaccurate,
misleading, or otherwise objectionable. Furthermore, the Wish Network
site and Content available through the Service may contain links to other
websites, which are completely independent of The Wish Network. The
Wish Network makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such site.
Your use of any such link is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the
use of any Content, that you may not rely on said Content, and that
under no circumstances will The Wish Network be liable in any way for
any Content or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed or otherwise made available
via the Service. The Wish Network shall have the right (but not the obligation)
in its sole discretion to refuse, delete or move any Content that is available
via the Service, for violating the letter or spirit of the TOU or for any other
reason.
The Content and any other information included in The Wish Network site
are not intended to constitute federal or state tax advice and are not
intended to be used for the purpose of (a) avoiding tax-related penalties,
or (b) promoting, marketing, or recommending to any party any matters
related to tax aspects, including gift, income or estate taxation, of the
Content and other information set forth in this site. Please consult with
your financial advisor to determine the extent of tax deductibility of any
gifts you may choose to designate through this site, and any other tax
aspect respecting your use of the Service and The Wish Network site.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Wish Network site and Content available through the Service may
contain features and functionalities that may link you or provide you
with access to third party content which is completely independent of
The Wish Network, including web sites, directories, servers, networks,
systems, information and databases, applications, software, programs,
products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or
through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
organizations and/or individuals. You should make whatever investigation
you feel necessary or appropriate before proceeding with any online or
offline transaction with any of these third parties.
You agree that The Wish Network shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this site, or
between users and any third party, you understand and agree that
The Wish Network is under no obligation to become involved. If you
have a dispute with one or more other users, you hereby release The
Wish Network, its officers, employees, agents and successors in rights
from claims, demands and damages (actual and consequential) of
every kind or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to such
disputes and / or our service. If you are a California resident, you
waive California Civil Code Section 1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which, if known
by him must have materially affected his settlement with the debtor."
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that any materials appearing on this site has been
copied from your work in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated by
materials appearing on this site, please notify The Wish Network's
agent for notice of claims of copyright or other intellectual property
infringement, at
admin@TheWishNetwork.com
Please provide the agent with the following:
a) Identify the material on The Wish Network site that you claim is
infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
c) A statement by you declaring under penalty of perjury that (1)
the above information is accurate, and (2) that you are the owner
of the copyright or intellectual property interest involved or that
you are authorized to act on behalf of the owner thereof;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
The Wish Network will remove the infringing works), subject to
the procedures outlined in the Digital Millennium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
The Wish Network has established a Privacy Policy to explain to
users how their information is collected and used, which is located
at the following web address:
http://www.thewishnetwork.com/privacy.php
Your use of The Wish Network website or the Service signifies
acknowledgement of and agreement to our Privacy Policy. You further
acknowledge and agree that The Wish Network may, in its sole discretion,
preserve or disclose your Content, as well as your information, such as
email addresses, IP addresses, timestamps, and other user information,
if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with legal
process; enforce the TOU; respond to claims that any Content violates
the rights of third-parties; respond to claims that contact information
(e.g. phone number, street address) of a third-party has been posted
or transmitted without their consent or as a form of harassment; protect
the rights, property, or personal safety of The Wish Network, its users or
the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing,
defamatory, libelous, invasive of another's privacy, or is harmful to
minors in any way;
b) that is pornographic or depicts a human being engaged in actual
sexual conduct including but not limited to (i) sexual intercourse,
including genital-genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex, or (ii) bestiality,
or (iii) masturbation, or (iv) sadistic or masochistic abuse, or
(v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an
individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not
limited to, a The Wish Network employee, or falsely states or
otherwise misrepresents your affiliation with a person or entity
(this provision does not apply to Content that constitutes lawful
non-deceptive parody of public figures.);
e) that includes personal or identifying information about another
person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, mis-informative,
or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party, or Content that you do
not have a right to make available under any law or under contractual
or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link referral
code," "junk mail," "spam," "chain letters," "pyramid schemes," or
unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation
if: posted in areas of The Wish Network sites which are not
designated for such purposes; or emailed to The Wish Network
users who have not indicated in writing that it is ok to contact them
about other services, products or commercial interests.
j) That contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
k) That disrupts the normal flow of dialogue with an excessive
amount of Content (flooding attack) to the Service, or that otherwise
negatively affects other users' ability to use the Service; or
l) That employs misleading email addresses, or forged headers or
otherwise manipulated identifiers in order to disguise the origin of
Content transmitted through the Service.
Additionally, you agree not to:
m) Contact anyone who has asked not to be contacted, or make
unsolicited contact with anyone for any commercial purpose;
n) "Stalk" or otherwise harass anyone;
o) Collect personal data about other users for commercial or
unlawful purposes;
p) Use automated means, including spiders, robots, crawlers, data
mining tools, or the like to download data from the Service - unless
expressly permitted by The Wish Network;
q) Post non-local or otherwise irrelevant Content, repeatedly post
the same or similar Content or otherwise impose an unreasonable
or disproportionately large load on our infrastructure;
r) Post the same Item in more than one classified category or forum,
or in more than one metropolitan area;
s) Attempt to gain unauthorized access to The Wish Network's
computer systems or engage in any activity that disrupts, diminishes
the quality of, interferes with the performance of, or impairs the
functionality of, the Service or The Wish Network website; or
t) Use any form of automated device or computer program that
enables the submission of wishes on The Wish Network without each
wish being manually entered by the author thereof (an "automated
wish device"), including without limitation, the use of any such
automated wish device to submit wishes in bulk, or for automatic
submission of wishes at regular intervals.
u) Use any form of automated device or computer program
("flagging tool") that enables the use of The Wish Network's "flagging
system" or other community moderation systems without each flag
being manually entered by the person that initiates the flag
(an "automated flagging device"), or use the flagging tool to remove
posts of other users, or to remove posts without a good faith belief
that the post being flagged violates these TOU;
8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that
offers to post Content to the Service on behalf of others. To moderate
demands on The Wish Network's resources, you may not use a Posting
Agent to post Content to the Service without express permission or
license from The Wish Network. Correspondingly, Posting Agents are
not permitted to post Content on behalf of others, to cause Content
to be so posted, or otherwise access the Service to facilitate posting
content on behalf of others, except with express permission or license
from The Wish Network.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements
to The Wish Network email addresses or through The Wish Network
computer systems, which is expressly prohibited by this TOU, will use or
cause to be used servers used by the Wish Network and its partners.
Any unauthorized use of The Wish Network web site is a violation of this
TOU and may violate certain federal and state laws, including without
limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.),
Section 502 of the California Penal Code, Section 17538.45 of the
California Business and Professions Code, Section 2921.13 of the Ohio
revised Code and Section 2913.42 of the Ohio revised Code. Such
violations may subject the sender and his or her agents to civil and
criminal penalties.
10. PAID WISHES
We charge a fee to post Content in some areas of the Service. The fee
is an access fee permitting Content to be posted in a designated area
and for a designated period of time. Each party posting Content to the
Service is responsible for said Content and compliance with the TOU. All
fees paid will be non-refundable if Content is removed from the
Service for violating this TOU.
11. LIMITATIONS ON SERVICE
You acknowledge that The Wish Network may establish limits concerning
use of the Service, including the maximum number of days that Content
will be retained by the Service, the maximum number and size of wishes,
email messages, or other Content that may be transmitted or stored by
the Service, and the frequency with which you may access the Service. You
agree that The Wish Network has no responsibility or liability for the deletion
or failure to store any Content maintained or transmitted by the Service.
You acknowledge that The Wish Network reserves the right at any time to
modify or discontinue the Service (or any part thereof) with or without
notice, and that The Wish Network shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
The Wish Network grants you a limited, revocable, nonexclusive license
to access the Service for your own personal use. This license does
not include:
(a) Access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the
Service nor any use of data mining, robots, spiders, or similar data
gathering and extraction tools for any purpose unless expressly
permitted by The Wish Network.
A limited exception to (b) is provided to general purpose internet
search engines and non-commercial public archives that use such
tools to gather information for the sole purpose of displaying
hyperlinks to the Service, provided they each do so from a stable
IP address or range of IP addresses using an easily identifiable
agent and comply with our robots.txt file.
The Wish Network permits you to display on your website, or create
a hyperlink on your website to, individual wishes on the Service so
long as such use is for noncommercial and/or news reporting purposes
only (e.g., for use in personal web blogs or personal online media).
If the total number of such wishes displayed or linked to on your
website exceeds one hundred (100) wishes, your use will be presumed
to be in violation of the TOU, absent express permission granted
by The Wish Network to do so. You may also create a hyperlink to
the home page of The Wish Network sites so long as the link does
not portray The Wish Network, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter.
The Wish Network offers various parts of the Service in RSS format
so that users can embed individual feeds into a personal website
or blog, or view wishes through third party software news aggregators.
The Wish Network permits you to display, excerpt from, and link to
the RSS feeds on your personal website or personal web blog,
provided that (a) your use of the RSS feed is for personal,
non-commercial purposes only, (b) each title is correctly linked back
to the original post on the Service and redirects the user to the post
when the user clicks on it, (c) you provide, adjacent to the RSS feed,
proper attribution to 'The Wish Network' as the source, (d) your use
or display does not suggest that The Wish Network promotes or
endorses any third party causes, ideas, web sites, products or services,
(e) you do not redistribute the RSS feed, and (f) your use does not
overburden The Wish Network's systems. The Wish Network reserves
all rights in the content of the RSS feeds and may terminate any RSS
feed at any time.
Use of the Service beyond the scope of authorized access granted to
you by The Wish Network immediately terminates said permission
or license. In order to collect, aggregate, copy, duplicate, display
or make derivative use of the Service or any Content made available
via the Service for other purposes (including commercial purposes)
not stated herein, you must first obtain a license from The Wish
Network.
13. TERMINATION OF SERVICE
You agree that The Wish Network, in its sole discretion, has the
right (but not the obligation) to delete or deactivate your account,
block your email or IP address, or otherwise terminate your access
to or use of the Service (or any part thereof), immediately and
without notice, and remove and discard any Content within the Service,
for any reason, including, without limitation, if The Wish Network
believes that you have acted inconsistently with the letter or spirit
of the TOU. Further, you agree that The Wish Network shall not be
liable to you or any third-party for any termination of your access to
the Service. Further, you agree not to attempt to use the Service
after said termination. Sections 2, 4, 6 and 10-16 shall survive any
such termination.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by
copyright and trademark laws and international treaties. Content
displayed on or through the Service is protected by copyright as a
collective work and/or compilation, pursuant to copyrights laws, and
international conventions. Any reproduction, modification, creation
of derivative works from or redistribution of the site or the collective
work, and/or copying or reproducing the sites or any portion thereof
to any other server or location for further reproduction or redistribution
is prohibited without the express written consent of The Wish Network.
You further agree not to reproduce, duplicate or copy Content from
the Service without the express written consent of The Wish Network,
and agree to abide by any and all copyright notices displayed on
the Service. You may not decompile or disassemble, reverse engineer
or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the Service. THE WISH NETWORK is a registered
mark in the U.S. Patent and Trademark Office.
Although The Wish Network does not claim ownership of content that
its users post, by posting Content to any public area of the Service,
you automatically grant, and you represent and warrant that you have
the right to grant, to The Wish Network an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform,
display, and distribute said Content and to prepare derivative works
of, or incorporate into other works, said Content, and to grant and
authorize sublicenses (through multiple tiers) of the foregoing.
Furthermore, by posting Content to any public area of the Service,
you automatically grant The Wish Network all rights necessary to
prohibit any subsequent aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on the Service by any
party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WISH NETWORK SITE, THE SERVICE
AND ANY ITEMS THEREON IS ENTIRELY AT YOUR OWN RISK. THE
WISH NETWORK SITE AND THE SERVICE ARE PROVIDED ON AN
"AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, THE WISH NETWORK DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE WISH NETWORK SITE AND
THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE
WISH NETWORK DISCLAIMS ANY WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE WISH NETWORK SITE OR THE SITES OR SERVICE, OR
ACCESSED THROUGH ANY LINKS ON THE WISH NETWORK SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WISH NETWORK
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL
COMPONENTS IN CONNECTION WITH THE WISH NETWORK SITE
OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, some of the foregoing
disclaimers may not apply to you insofar as they relate to
implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE WISH NETWORK BE
LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE WISH
NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF
THE WISH NETWORK SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE WISH
NETWORK SITE OR THE SERVICE, FROM INABILITY TO USE
THE WISH NETWORK SITE OR THE SERVICE, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION,
OR TERMINATION OF THE WISH NETWORK SITE OR THE SERVICE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR
PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH THE WISH NETWORK SITE OR THE SERVICE OR ANY LINKS
ON THE WISH NETWORK SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED
IN CONNECTION WITH THE WISH NETWORK SITE OR THE SERVICE
OR ANY LINKS ON THE WISH NETWORK SITE. THESE LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted.
In such jurisdictions, some of the foregoing limitation may not
apply to you.
17. INDEMNITY
You agree to indemnify and hold The Wish Network, its managers,
officers, subsidiaries, affiliates, successors, assigns, directors,
agents, service providers, suppliers and employees, harmless from
any claim or demand, including reasonable attorney fees and
court costs, made by any third party due to or arising out of Content
you submit, post or make available through the Service, your use
of the Service, your violation of the TOU, your breach of any of the
representations and warranties herein, or your violation of any rights
of another.
18. GENERAL INFORMATION
This TOU constitutes the entire agreement between you and The Wish
Network and governs your use of the Service, superseding any prior
agreements between you and The Wish Network. This TOU and the
relationship between you and The Wish Network shall be governed
by the laws of the State of Ohio without regard to its conflict of law
provisions. You and The Wish Network agree to submit to the
personal and exclusive jurisdiction of the courts located within the
County of Summit, Ohio. The failure of The Wish Network to exercise
or enforce any right or provision of the TOU shall not constitute a
waiver of such right or provision. If any provision of the TOU is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the TOU remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the TOU
must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by emailing to:
admin@TheWishNetwork.com
Our failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult
to quantify, if it becomes necessary for The Wish Network to pursue
legal action to enforce this TOU, you will be liable to pay The Wish
Network the following amounts as liquidated damages, which you
accept as reasonable estimates of The Wish Networks' damages for
the specified breaches of this TOU:
a. If you post a message that (1) impersonates any person or entity;
(2) falsely states or otherwise misrepresents your affiliation with a
person or entity; or (3) that includes personal or identifying information
about another person without that person's explicit consent, you agree
to pay The Wish Network one thousand dollars ($1,000) for each such
message.
This provision does not apply to Content that constitutes lawful
non-deceptive parody of public figures.
b. If The Wish Network establishes limits on the frequency with which
you may access the Service, or terminates your access to or use of the
Service, you agree to pay The Wish Network one hundred dollars ($100)
for each message posted in excess of such limits or for each day on
which you access The Wish Network in excess of such limits, whichever is
higher.
c. If you send unsolicited email advertisements to The Wish Network
email addresses or through The Wish Network web site, you agree to pay
The Wish Network twenty five dollars ($25) for each such email.
d. If you post Content in violation of the TOU, other than as described
above, you agree to pay The Wish Network one hundred dollars ($100)
for each Item or Content posted. In its sole discretion, The Wish Network
may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the
TOU, in addition to any liquidated damages under clause (d), you agree
to pay The Wish Network one hundred dollars ($100) for each and
every Item you post in violation of the TOU. A Posting Agent will also
be deemed an agent of the party engaging the Posting Agent to access
the Service (the "Principal"), and the Principal (by engaging the Posting
Agent in violation of the TOU) agrees to pay The Wish Network an
additional one hundred dollars ($100) for each Item posted by the
Posting Agent on behalf of the Principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose any Content (except for your own Content)
in violation of this TOU without The Wish Network's express written
permission, you agree to pay The Wish Network three thousand dollars
($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay The Wish Network's actual damages, to the
extent such actual damages can be reasonably calculated. Notwithstanding
any other provision of this TOU, The Wish Network retains the right to
seek the remedy of specific performance of any term contained herein,
or a preliminary or permanent injunction against the breach of any such
term or in aid of the exercise of any power granted in this TOU, or any
combination thereof.
20. FEEDBACK
We welcome your questions and comments on this document. Please
send us your feedback via our “contact us” page:
http://www.thewishnetwork.com/contact-us.php