Last Updated June 15, 2023
PLEASE READ THESE TERMS OF USE CAREFULLY.
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”, or “Services”) provided by Wish-List, Inc. and its affiliated companies (hereinafter “WishList “Company,” “We,” or “Us”).
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 Privacy Policy, Cookie Policy 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.
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.
PLEASE NOTE THAT THESE TERMS INCLUDE AN ARBITRATION PROVISION, WHICH YOU WILL BE BOUND TO BY USING AND ACCESSING OUR SITE.
1. PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
Our Services adhere to export control and economic sanctions laws and regulations enforced by the United States, particularly by the Department of Commerce, the Office of Foreign Assets Control (OFAC) of the Department of the Treasury, the Department of State, among other U.S. authorities (collectively referred to as “U.S. Trade Regulations”). You are not permitted to employ the Services for exporting or reexporting, or to allow the exporting or reexporting, of software or technical data in violation of U.S. Trade Regulations. Moreover, by using the Services, you confirm and warrant that you are not: (a) an individual, organization, or entity based in or constituted under the laws of any country or territory subject to OFAC sanctions (specifically including Cuba, Iran, Syria, North Korea, or the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC, or associated with such a person; (c) a party prohibited under U.S. Trade Regulations; or (d) involved in activities concerning nuclear, missile, chemical, or biological weaponry that are restricted for U.S. persons without authorization from the U.S. Government.
Additionally, unless explicitly authorized in writing, we do not support the registration or use of our Services in connection with any Country-Code Top Level Domain Name (“ccTLD”) from countries or territories under OFAC sanctions. These obligations persist beyond the termination or expiration of this agreement or your use of the services.
2. ACCESS AND USE OF SITE.
a. Types of Users. 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.
b. Registration. 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.
c. Age Requirement. You must be at least 18 years old or the age of consent in your jurisdiction to use our Site unless 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.
d. Security of Account. 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.
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.
e. Modification & Cancellation. 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.
f. Availability. 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.
g. Monitoring Our Site. 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.
h. Information Publicly Available. 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.
3. SUBSCRIPTIONS & AUTOMATIC RENEWALS.
WishList Premium Services come with a yearly subscription that renews automatically every year. This applies to all paid services.
The subscription will automatically renew on the next term, but if you want to, you can disable the automatic renewal at any time after the purchase right from the Account Settings page, so you will not be charged next year.
Please, note the following details regarding WishList Subscriptions:
We cannot grant refunds on renewal payments. We will send you an email 1 month prior to the renewal date, and you may use this opportunity to cancel your subscription before the renewal payment is automatically processed.
If you choose to cancel your subscription, your subscription will expire exactly on the same day and month of the original purchase, and you will no longer have access to WishLists Premium Service.
You may not provide direct, or indirect access to our content or downloads, resell, share, or publish WishList subscription credentials or access. Do not infringe any intellectual property rights (e.g., copyright, trademark, patent, or other proprietary rights).
We reserve the right to refuse service or cancel your subscription and revoke access to WishList Premium Service for any reason we deem appropriate.
4. PAYMENTS
All payments are handled using PayPal or Stripe.
5. PRICE CHANGES
WishList will provide notice to the customer of any changes, detailing the specific rationale for the change, at least one (1) month prior to the change taking effect. The customer then has the right to end the subscription without any penalties or prejudice to other commitments made by the customer.
Should a month pass without any response from the customer, it will be assumed that the customer has accepted the new terms.
6. OUR PRIVACY POLICY. To provide the Site, we must collect and use your personal data. We detail our practices in the Privacy Policy, which you must agree to in order to use our Site. We also encourage you to review the privacy choices you have in your settings.
7. PROMOTIONS. You are not permitted to offer any contest, sweepstakes, competition giveaway, or other similar activity (collectively, “Promotions”).
8. USER CONDUCT AND PROHIBITED CONDUCT. 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.
9. NO ENDORSEMENT. 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.
10. NO GUARANTEES. 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.
11. NOT A CHARITY. 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.
12. NOT A BROKER. We are an administrative website only. We do not sell or facilitate the selling of securities. We are not a broker, financial institution, or a creditor.
13. TAXES. 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.
14. THIRD-PARTY SERVICES. 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.
15. INTELLECTUAL PROPERTY. 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.
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.
16. REPRESENTATIONS & WARRANTIES. 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.
17. WARRANTY DISCLAIMER. 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.
18. LIMITATION OF LIABILITY. 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.
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.
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.
19. INDEMNIFICATION. 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.
20. CHANGES TO SITE. 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.
21. ARBITRATION. 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.
If you intend to seek arbitration, you must first send a written Notice of Dispute to us via certified mail at 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.
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.
22. GENERAL PROVISIONS:
a. Compliance. You agree that you will comply with all applicable laws and regulations when using our Site.
b. Termination. 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.
c. Waiver. 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.
d. Additional Terms. 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.
e. No Partnership. Nothing in these Terms shall create an employee/employer relationship, partnership, joint venture, or franchise/franchiser relationship.
f. Severability. 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.
g. Changes. 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.
h. Assignment. 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.
i. Entire Terms. 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.
j. Governing Law. This Agreement shall be governed and interpreted under the laws of the State of California.
CONTACT US:
Wish-List.com, Inc.
46-E Peninsula Center, Suite 363
Rolling Hills Estates, CA 90274
support@wishlist.com
