Wishlisted.com offers this Website, including all information, software, products and services available from this Website or offered as part of or in conjunction with this Website (the “Website”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Wishlisted.com reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.
Your continued use of the Website constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by Wishlisted.com.
The term ‘Wishlisted.com’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
The Information on Wishlisted.com is provided for education and informational purposes only, without any express or implied warranty of any kind, including warranties of accuracy, completeness, or fitness for any particular purpose.
Use the website at your own risk. This website is provided to you “as is,” without warranty of any kind either express or implied. Neither Wishlisted.com nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Website on behalf of Wishlisted.com. Wishlisted.com reserves the right to change or discontinue at any time any aspect or feature of the Website.
I. MATERIAL CONNECTION DISCLOSURE:
“Affiliate” means any business entity we have a business or contractual relationship with, including, but not limited to, our agents, partners, associates and parent or subsidiary companies. We may have an Affiliate relationship and/or other material connection with providers of goods and services featured on the Site, and may be compensated when you purchase from an Affiliate.
AMAZON ASSOCIATES PROGRAM:
Wishlisted.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. Pages on this site may include affiliate links to Amazon and its affiliate sites on which the owner of this website will make a referral commission.
III. ELECTRONIC COMMUNICATIONS:
Visiting Wishlisted.com or sending emails to Wishlisted.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
Wishlisted.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Wishlisted.com only with permission of a parent or guardian.
IV. LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES:
Wishlisted.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Wishlisted.com and Wishlisted.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wishlisted.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wishlisted.com of the site or any association with its operators.
Certain services made available via Wishlisted.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Wishlisted.com domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom Wishlisted.com has a contractual relationship to provide the requested product, service or functionality on behalf of Wishlisted.com users and customers.
V. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at 5254 Station Way, Sarasota FL 34233 USA:
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description 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;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have 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; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in [insert state of residence or incorporation] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
V. LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
VI. LICENSING OF USER GENERATED CONTENT:
(a) Content. Wishlisted.com will send you a message requesting the right to use the piece of content referenced in our message that you created or made available, which may include, without limitation, a photograph, text, handle or account name, information, images, graphics, video or any combination thereof (collectively, “Content”). By replying to our message to you with #WishYa or with another phrase as indicated by us in our message, you hereby grant to Wishlisted.com, its affiliates, successors and assigns and any customer, vendor, service provider, licensor or licensee of Wishlisted.com or other person, in each case as authorized or permitted by Wishlisted.com (collectively “Business Partners” and together with Wishlisted.com, its affiliates and any of their licensees, the “Licensees”) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, including without limitation, any purpose relating to the marketing, advertising and promotion of Wishlisted.com’s and its affiliates’ media content and services. Said uses may include, but are not limited to, posting your Content on any website or social media site, transmitting your Content to consumers via e-mail, reproducing or displaying your Content on computers and mobile devices, or reproducing your Content in print. To the maximum extent permitted by law, you waive and agree not to assert any and all copyright rights, moral rights or rights of attribution and integrity in your Content, if any, against the Licensees. Any Licensee may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to the Content as necessary to conform and adapt it to any requirements or limitations of any networks, devices, services or media.
You will retain all ownership of the Content (subject to the license granted herein). Any Licensee shall have the right, but not the obligation, to use your username, and, if provided in connection with the Content, real name, image, likeness, caption, location information or other identifying information, in connection with any permitted use of the Content.
By approving the use of the Content, you waive (i) any right to review, inspect or approve the use of the Content in any format or media, whether that use is known to you or not; and (ii) any right to royalties or other compensation arising from or related to the use of the Content.
(b) Your Obligations. You agree to abide by common standards of decency and act in accordance with the law. You may not upload, post or otherwise generate or make available to us any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Content that you provide.
You represent and warrant that: (i) you are at least 18 years old or the age of majority, whichever is older, in your state and/or country of residence; (ii) you have full right and authority to enter into this agreement; (iii) neither your Content, nor the use of the Content as permitted in these Terms, will infringe upon, misappropriate or violate any laws or the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity; (iv) neither you nor any person appearing in the Content is an employee, consultant, brand ambassador, or is otherwise materially related to Wishlisted.com; (v) Wishlisted.com has not compensated you for the Content; and (vi) you own or have obtained all necessary rights and permissions to grant the rights granted herein, including without limitation, all rights or permissions from the creators of the Content or with respect to any individual(s) appearing in the Content (or such individual(s) parent or legal guardian, if any such individual is under 18 years of age or the age of majority in his or her state and/or country of residence), and no payment of any kind is due to any third party for the use of the Content as set forth herein.
VII. USER OF COMMUNICATION SERVICES:
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit.
Wishlisted.com has no obligation to monitor the Communication Services. However, Wishlisted.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Wishlisted.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Wishlisted.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wishlisted.com’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Wishlisted.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, Wishlisted.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Wishlisted.com spokespersons, and their views do not necessarily reflect those of Wishlisted.com.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
IX. CHANGES TO TERMS:
Wishlisted.com reserves the right, in its sole discretion, to change the Terms under which Wishlisted.com is offered. The most current version of the Terms will supersede all previous versions. Wishlisted.com encourages you to periodically review the Terms to stay informed of our updates.
Last updated 3/14/2019