|
This Internet website is provided by Wish-List.com, Inc. (WishList.com). By using this website,
you agree to be bound to the following Terms and Conditions. WishList.com may
change these Terms and Conditions by updating this web page. Such changes to the
Terms and Conditions will take effect as of the date of posting of this web page.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. BY USING THIS SITE, YOU
AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Use of Materials on this Website
WishList.com maintains this website for your personal entertainment,
information, and communication. You should assume that everything you see or
read on the website (such as images, photographs, illustrations, texts and other
materials) ("Content") is the property of WishList.com and its
partners and licensors. Without WishList.com's prior written permission, you may
not sell, reproduce, distribute, modify, display, publicly perform, prepare
derivative works based on, repost or otherwise use any of our Content in any way
for any purpose, including using our Content on any other website or in a
networked computer environment. However, you may electronically copy or print
pages from this website for personal, non-commercial use, provided that you
include a copyright notice on each page.
Your Submissions
Any creative or original materials or any other creative suggestions, text,
software, music, sound, photographs, graphics, videos, messages, ideas, notes,
drawings, concepts, marketing plans or other information that you submit to us
by electronic mail or otherwise, will be treated in accordance with these Terms
and Conditions and our Privacy
Policy, which is incorporated herein by reference.
By submitting and/or posting Content to the website, you automatically grant to WishList.com
a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable
right and license to use, reproduce, modify, adapt, publish, edit, translate,
distribute, perform, create derivative work of and display such Content alone,
or as a part of other works in any form, media, or technology, whether now known
or hereafter developed. Any Content you transmit or post may be used by WishList.com
or licensed to others by WishList.com for any purpose, including but not limited
to reproduction, disclosure, transmission, publication, broadcast and posting.
As a user, you are responsible for your own Content and are responsible for the
consequences of your posting such Content. You must not do the following things:
post materials that are copyrighted, unless you are a copyright owner or have
the permission of the copyright owner to post it; post material that violates
any law or infringes on any other intellectual property rights of others or on
the privacy or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing to another
user or any other person or entity; post a sexually-explicit image; post or
transmit any advertisements, promotional materials, "junk mail,"
"spam," chain letters, pyramid schemes or any form of solicitation;
impersonate another person or misrepresent your affiliation with any person or
organization; access the website to obtain a list of users of the website;
access or use any secure or non-public areas of the website without
authorization; or frame or link to the website. WishList.com does not represent
or guarantee the truthfulness, accuracy, or reliability of any Content posted by
other users or endorse any opinions expressed by users. You acknowledge that any
reliance on material posted by other users will be at your own risk. WishList.com
does not screen communications in advance and is not responsible for screening
or monitoring material posted by users. If WishList.com becomes aware of any
communication that allegedly does not conform to these Terms and Conditions, WishList.com
may investigate the communication and determine in good faith in its sole
discretion whether to remove or request the removal of the communication. WishList.com
has no liability or responsibility to you for performance or nonperformance of
such activities. WishList.com reserves the right to remove Content, expel users
and prevent their further access to the website for violating these Terms and
Conditions or the law.
Disclaimer
Your use of this website is at your risk. WishList.com does not warrant or
represent that our Content is accurate, error-free, truthful or reliable or that
your use of such material will not infringe rights of third parties. WishList.com
does not warrant that the functional aspects of the website will be error free
or that this website or the server that makes it available are free of viruses
or other harmful components. WishList.com reserves the right to correct any errors on this
website. If your use of this website or our Content results in the
need for servicing or replacing property, material, equipment or data, WishList.com
is not responsible for those costs. Without limiting the foregoing, everything
on our website is provided to you "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. WISHLIST.COM MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON
THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE
OBTAINED FROM USING THE WEBSITE. WishList.com does not make any representation
about the quality of any product, services, information or other material
purchased or obtained by you via use of this website. Please note that some
jurisdictions may not allow the exclusion of implied warranties. As a result,
some of the above exclusions may not apply to you.
Limitation of Liability
NEITHER WISHLIST.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR
INABILITY TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WISHLIST.COM IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions
may not allow the exclusion or limitation of liability for consequential or
incidental damages.
Termination
You agree that WishList.com
may modify or discontinue this website, with or without notice to you. You agree that WishList.com may terminate your use of this website if it
believes that you have violated or acted inconsistently with the letter or
spirit of these Terms and Conditions, violated the rights of WishList.com or any
third party, or for any reason with or without notice to you. You agree
that WishList.com will not be liable to you or any third party as a result of
such modification or discontinuation. The provisions entitled "Use of
Materials on this Website," "Your Submissions,"
"Disclaimer," "Limitation of Liability," "General
Provisions," "Indemnity," "Trademarks" and
"Copyright" will survive termination of this Agreement to use our
website.
Links
WishList.com has not reviewed all of the sites linked to this website and is not
responsible for the availability, content or accuracy of any pages or other
sites linked via this website. The inclusion of any link to such sites does not
imply endorsement by WishList.com of these sites. You agree that WishList.com will not be
liable for any loss or damages you or any third party may suffer in connection
with third party pages or sites. Your linking to any other
pages or sites is at your own risk.
General Provisions
WishList.com controls and operates this website from its headquarters in Redondo
Beach,
California, United States of America, and makes no representation that the
material on the website is appropriate or available for use in other locations.
If you use this website from other locations, you do so at your own risk and are
responsible for compliance with applicable local laws, keeping in mind that
access to our Content may not be legal by certain persons or in certain
countries. If any portion of these Terms and Conditions is held to be
unenforceable, the unenforceable portion shall be construed in accordance with
applicable law to the greatest extent possible and the remainder of the
provisions shall remain in full force and effect. Any cause of action you may
have with respect to this website must be commenced within one year after the
claim or cause of action arises or such claim or cause of action is barred.
These terms will be governed by and construed in accordance with the laws of the
State of California, United States of America, without regard to its conflicts
of law provisions. Any legal action or proceeding relating to your access to, or
use of, this website or our Content will be instituted in a state or federal
court in Los Angeles County, California, and you hereby agree to submit to the
personal jurisdiction of such courts.
Indemnity
You agree to defend, indemnify, and hold harmless WishList.com, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
arising from your use of this website or our Content or your breach of these
Terms and Conditions. WishList.com shall provide notice to you promptly of any
such claim, suit, or proceeding and shall assist you, at your expense, in
defending any such claim, suit or proceeding.
Trademarks
The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on this website are registered and
unregistered trademarks of WishList.com and others. Your misuse of the Trademarks displayed on
this website, or any other Content on this website, except as provided herein,
is strictly prohibited. Nothing contained on this
website should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any Trademark displayed on this website without the
written permission of WishList.com or such third party that may own the
Trademarks displayed on this website.
Copyright
WishList.com respects the intellectual property rights of others. Accordingly, WishList.com
has a policy of terminating in appropriate circumstances the account of any WishList.com
user who repeatedly posts infringing material on the WishList.com site. All Content included on this website, such as text, graphics, logos, button
icons, images, audio clips and software, is the property of WishList.com or its
Content suppliers and protected by U.S. and international copyright laws. All software used on this website is the property
of WishList.com or its software suppliers and protected by U.S. and
international copyright laws. The
compilation (meaning the collection, arrangement and assembly) of all Content on
this website is the exclusive property of WishList.com and protected by U.S. and
international copyright laws. The reproduction, modification, distribution,
transmission, republication, display or performance, of the Content on this
website is strictly prohibited.
Procedure For Making Claims Of Copyright Infringement
Please use the following procedure to notify us, if you believe that any
content contained on this site infringes your copyright.
Pursuant to Title 17 of the United States Code, Section
512 (c)(3) a notification of claimed infringement must be a written
communication provided to the designated agent (please see designated agent's
information below) of service provider that includes substantially the
following:
- A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
- Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such works at
that site.
- Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the
service provider to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at which the
complaining party may be contacted.
- A statement that the complaining party has a good
faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Notification should be sent to the designated agent as
set forth below:
Designated Agent:
Keith Kraemer, WishList.com
WishList.com, Inc.
46-E Peninsula Center
Suite 385
Rolling Hills Estates, CA 90274
Phone: (888) 310-4504
Password
You may receive a password in connection with your use of this website. You will
be responsible to maintain the confidentiality of your password and account, and
will be solely responsible for all activities that occur under your password and
account.
Our Address
WishList.com, Inc.
46-E Peninsula Center
Suite 385
Rolling Hills Estates, CA 90274
Tel: 888-310-4504
http://www.WishList.com
|
