Terms & Conditions
TERMS OF SERVICE
Last updated: September 12, 2013
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Get My Wish provides certain services (described below) on or through our website, www.getmywish.com,. By using our Service, you agree to the following terms and conditions (the "Terms of Service"). These Terms of Service comprise the entire agreement between you and Wish it well and supersede all prior agreements between the parties regarding the subject matter contained herein. In addition, when using particular features on or through the Service, you shall be subject to any posted policies and guidelines applicable to such features, including any terms or conditions applicable to features provided in conjunction with any of our content and service partners. All such rules and guidelines are hereby incorporated by reference into these Terms of Service.
If you do not understand or agree with these Terms of Service, or have any questions or concerns regarding these Terms of Service, please let us know by emailing us at firstname.lastname@example.org.
BY USING ANY OF PART OF THE SERVICE OR BY COMPLETING ANY REGISTRATION, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Wish it well services as long as you adhere to these Terms of Service.
The Service offers features that allow you, among other things:
- to create and send free wish lists to your friends;
- to receive wish lists from your friends or people related to you.
- to research Gift ideas, tips and tools from our page and our Facebook page too; and
- to access search services and content, among other things.
All content and features made available through the Service that were not made available as of the "Last Updated" date above, shall automatically be deemed to be part of the Service when first made available through the Service.
Use of the Service is void where prohibited. By using this Service, you represent and warrant that you have the right, authority, and capacity to enter into this Terms of Service agreement and to abide by all its terms and conditions. Also, you must be an individual of 13 years of age or older to register or use the Service and YOU MUST BE AT LEAST 13 YEARS OLD TO USE ANY FEATURES OF GET MY WISH..
In addition, we strongly encourage parents and guardians to supervise the activity of all children under the age of 13 when using the Internet.
DESCRIPTION OF GET MY WISH SERVICES
You are required to register with Get My Wish l if you want to:
- Send a free Wish list for an event;
- Access your account;
- View your upcoming events in the Calendar;
- Add gifts from the gift ideas
- Save and access saved information;
- View and edit your Profile Page;
- Upload photos
- Send Thank you notes
Please note that not all of the above features in the previous sentence may be available at any given time and that Get My Wish may require registration for additional features that may be developed or added to the Service from time to time. Unless otherwise indicated, you do not need to register for the Get My Wish Service if you are simply looking at a Get My Wish that a user shared with you or just browsing through the Get My Wish home page.
In order to register with Get My Wish you may be required to supply a valid email address, and your first name, last name and birthday. You will also be asked to set a password. You may also be asked to provide certain other information, including an image, interests and/or other requested information including choosing a “public” or “private” account.
You are solely responsible for maintaining the confidentiality of your password and account. You agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Service, to anyone else. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your Profile Page.
You agree to immediately notify us at email@example.com of any unauthorized use of your account or any other breach of security related to your account or the Service.
Free Online Wish lists
Get My Wish provides registered users with the ability to create and send online WISH LISTS for a wide variety of events for a multitude of occasions. In order to assist our registered users, we have developed a suite of WISH LIST templates that you can customize by providing specific information and descriptions. Once you have created your WISH LIST, you can supply the email addresses of those friends or family that you wish to notify. We do not share any personally identifiable information about your guests to any third party.
LICENSE TO USE THE SERVICE
Get My Wish grants you a limited license to access and make personal use of this Service and not to download (other than page caching) or modify it, or any portion of it, except with Get My Wish express written consent. The foregoing license does not include any resale or commercial use of this Service, the Service or its contents; any derivative use of this Service, the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Service, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Get My Wish express written consent. Use of the Service that constitutes abuse shall be determined by Get My Wish, in its sole discretion. Get My Wish reserves the right to terminate your account if Get My Wish determines you have not complied with these Terms of Service.
RESTRICTION ON USE OF CONTENT
You acknowledge that the Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The Content, taken together in its entirety, is protected under U.S. copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content.
Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other web site or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Service, including the Content.
The " Get My Wish name”, and their related stylized logos are registered and/or trademarked marks of Get My Wish Our partners may also have additional proprietary rights in the content which they make available through the Service. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
MATERIALS SUBMITTED THROUGH THE SERVICE
You are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other materials ("Materials") that are transmitted, posted, or distributed by you through the Service, including, but not limited to, the contents of your email communications, information, reviews, user ratings, photos or images posted or sent by you to or through the Service. All Materials posted or sent by you, are your sole responsibility. By posting or sending Materials you represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials.
Get My Wish does not control the Materials posted or sent through the Service and, as such, does not guarantee the accuracy, integrity or quality of such Materials. By using the Service you understand and agree that you may be exposed to Materials posted by other users that may be offensive, indecent or objectionable.
UNDER NO CIRCUMSTANCES WILL WISHITWEL LBE LIABLE IN ANY WAY FOR ANY MATERIALS POSTED BY ANY USER OR THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVICE.
You agree that if you post any Materials through the Service, you automatically grant to Get My Wish, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Materials, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Materials to other users of the Service and to third parties with whom Get My Wish has a relationship. You also grant Get My Wish the right to authorize the downloading and printing in whole or in part of any Materials that you post to the Service.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate the Materials before allowing them to be posted on or through the Service or otherwise stored in connection with the Service; and (b) we may do one or all of the following, at our sole discretion: (i) monitor the submission of Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the Service, and the circumstances surrounding the transmission thereof, to (1) any third party in order to operate the Service, (2) comply with applicable laws, (3) respond to governmental inquiries or requests, (4) comply with valid legal process, (5) protect the rights, privacy, safety or property of Get My Wish, the Service visitors or the public, (6) permit us to pursue available remedies or limit the damages that we may sustain, and/or (7) enforce these Terms of Service.
RESTRICTIONS ON USE OF THE GET MY WISH SERVICE
You agree not to do the following on or through the Get My Wish Service:
- Post, transmit, or otherwise make available, through or in connection with the Service anything that is or may be:
- unlawful, threatening, harassing, degrading, abusive, hateful or intimidating;
- defamatory; libelous or invasive of another's privacy;
- fraudulent or tortious;
- vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable;
- protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right; or
- a virus, worm, Trojan Horse, Easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment
- an unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity;
- any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
- Material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Use the Service to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the Service.
- Harm minors in any way.
- Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Service, including without limitation by hacking or defacing any portion of the Service; or disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service or an Interactive Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
- Use the Service to distribute or otherwise publish or post any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use the Service in a commercial manner, unless otherwise expressly allowed by Get My Wish
- Use the Service to distribute or otherwise publish or post any material that is pornographic, obscene, contains hate speech, is racist, promotes or encourages violence, is illegal or promotes illegal behavior, violates anyone's intellectual property rights, or is otherwise offensive or inappropriate as determined in Get My Wish sole discretion.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the Service.
- Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Service any directory of Get My Wish users or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms of Service.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
- Remove any copyright, trademark or other proprietary rights notice from the Service or Content or Materials originating from the Service.
- Frame or mirror any part of the Service or Software without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Service.
- Create a database by systematically downloading and storing content from the Service.
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from the Service or reproduce or circumvent the navigational structure or presentation of the Service.
- Engage in any other conduct which, in Get My Wish sole discretion, is considered inappropriate, unauthorized or objectionable.
In addition, you agree to comply will all applicable laws, regulations, and ordinances as a condition of use of the Service.
In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.
LINKS TO THIRD PARTY SITES
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources.
You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Get My Wish has no control and which will govern your rights and obligations with respect to the use of those such third party's product, services or Websites.
You agree to indemnify, defend and hold harmless Get My Wish, its parent company, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from (i) your use of the Service, including, but not limited to, all content therein and any products or services obtained by you through the Service, (ii) the violation of these Terms of Service by you, (iii) the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law or regulation.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GET MY WISH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE. GET MY WISH MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. GET MY WISH MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT GET MY WISH DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO GET MY WISH FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. GET MY WISH ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT GET MY WISH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF GET MY WISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH GET MY WISH OR A THIRD PARTY THROUGH THE USE OF THE SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT GET MY WISH IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
TERMINATION AND MODIFICATION OF THE SERVICE
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Materials within the Service, for any reason, at any time, without notice to you. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that we shall not be liable to you or any third party for any termination of your access to the Service.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Service, including, but not limited to (i) restricting the time the Service are available, (ii) restricting the amount of use of the Service permitted, and (iii) restricting or terminating any user's right to use the Service, with or without notice; (b) charge fees in connection with the use of the Service; (c) modify and/or waive any fees charged in connection with the Service; and/or (d) offer opportunities to some or all users of the Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service, in whole or in part, or of any service, content or feature offered through the Service.
The Service is controlled and operated by Get My Wish from the United States, and is not intended to subject Get My Wish to the laws or jurisdiction of any territory other than that of the United States. Get My Wish does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
MODIFICATIONS TO THESE TERMS OF SERVICE
Get My Wish reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Service. You can determine when these Terms of Service were last revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Service following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Service.