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TERMS


Welcome to the WishPlz! WishPlz is the online shopping playground for avid shoppers, where beauty, social interaction, discovery, and shopping ecommerce intersect. WishPlz makes shopping fun through its social ecommerce ecosystem of real people, curating, shopping, and sharing the items they love while communicating with friends, other avid shoppers and trendsetters along the way. WishPlz has a collection of tools that promote emotionally connecting discovery and social shopping as members can shop together online and get personal advice and ideas on what to buy. With WishPlz, members can discover products through recommendations from peers, bloggers, and interesting content.

By using or accessing the wishplz.com website (“Site”) and WishPlz service you are agreeing to comply with and be bound by the following terms and conditions of use ("Terms") whether or not you are a registered user of WishPlz. These Terms also incorporate our Privacy Policy (please click here to review) and apply to all users and visitors who access the Site. If you choose not to agree to be bound by these Terms, you may not use our Site in any way. Please thoroughly read the Terms. If you have any questions, please email us at support@Wishplz.com.

We reserve the right to change or modify any of these Terms of the Site at any time. Changes or modifications will be effective immediately upon posting on the Site. Any continued use of the Site following the posting of changes or modifications constitute your acceptance.


Basic Terms

  1. You must be 13 years or older to use this site.
  2. You may not post nude, partially nude, or sexually suggestive photos.
  3. You are responsible for any activity that occurs under your screen name.
  4. You are responsible for keeping your password secure.
  5. You must not abuse, harass, threaten, impersonate or intimidate other WishPlz users.
  6. You may not use the WishPlz service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  7. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the WishPlz service.
  8. You must not modify, adapt or hack WishPlz or modify another website so as to falsely imply that it is associated with WishPlz.
  9. You must not access WishPlz's private API by any other means other than the WishPlz application itself.
  10. You must not crawl, scrape, or otherwise cache any content from WishPlz including but not limited to user profiles and photos.
  11. You must not create or submit unwanted email or comments to any WishPlz members ("Spam").
  12. You must not use web URLs in your name without prior written consent from WishPlz, Inc.
  13. You must not transmit any worms or viruses or any code of a destructive nature.
  14. You must not, in the use of WishPlz, violate any laws in your jurisdiction (including but not limited to copyright laws).
  15. Violation of any of these agreements will result in the termination of your WishPlz account. While WishPlz prohibits such conduct and content on its site, you understand and agree that WishPlz cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the WishPlz service at your own risk.
  16. 16. WishPlz is run and operated from the United States. WishPlz makes no claims that WishPlz is appropriate or available for use in other jurisdictions or locations. You access and use WishPlz through your own volition and are personally responsible for compliance with your national, state, local laws, rules and regulations, and all applicable government, authority, and court orders, including but limited to, those laws and rules related to the export and import of software, services, and technical related information.

General Terms

  1. We reserve the right to modify or terminate the WishPlz service for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
  5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

User Content Proprietary Rights

  1. WishPlz does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the WishPlz Services. By displaying or publishing ("posting") any Content on or through the WishPlz Services, you hereby grant to WishPlz a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the WishPlz Services.
  2. Some of the WishPlz Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that WishPlz may place such advertising and promotions on the WishPlz Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You represent and warrant that: (i) you own the Content posted by you on or through the WishPlz Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the WishPlz Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the WishPlz Services.
  4. The WishPlz Services contain Content of WishPlz ("WishPlz Content"). WishPlz Content is protected by copyright, trademark, patent, trade secret and other laws, and WishPlz owns and retains all rights in the WishPlz Content and the WishPlz Services. WishPlz hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the WishPlz Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the WishPlz Services.
  5. The WishPlz Services contain Content of Users and other WishPlz licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the WishPlz Services.
  6. WishPlz performs technical functions necessary to offer the WishPlz Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the WishPlz Services.
  7. Although the Site and other WishPlz Services are normally available, there will be occasions when the Site or other WishPlz Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of WishPlz. Also, although WishPlz will normally only delete Content that violates this Agreement, WishPlz reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by WishPlz in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, WishPlz encourages you to maintain your own backup of your Content. In other words, WishPlz is not a backup service. WishPlz will not be liable to you for any modification, suspension, or discontinuation of the WishPlz Services, or the loss of any Content.
  8. WishPlz retains the right to keep your User Content for a reasonable period of time in the event you deactivate your account or remove any User Content. WishPlz also retains the right to continue to display any of your User Content that you have publicly posted or other Users have wished.

WishPlz Content Proprietary Rights

  1. All Content (except for User Content), subject matter, and Intellectual Property Rights are the property of WishPlz. All Content on this Site is protected by federal and stare laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by WishPlz and agree not to use, modify, reproduce, distribute, sell, license, or exploit Content.
  2. WishPlz grants you one license to use of WishPlz, for your own personal, noncommercial use. Any reproduction or redistribution of Content is prohibited and reason for license termination.

Indemnity

You agree to defend, indemnify, and hold harmless WishPlz, its employees, independent contractors, service providers, directors, agents, officers, from and against any claims, suits, damages, costs, demands, liabilities, expenses, proceedings, disputes, and losses arising from your access to WishPlz and WishPlz Content, your User Content, or your breach of Terms.

Disclaimer of Warranty and Limitation of Liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WISHPLZ ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR LIABILITY OF ANY KIND UNLESS OTHERWISED SPECIFIED IN WRITING. WISHPLZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR SERVICES INCLIDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WIRTING. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. IN REGARDS TO ANY USER CONTENT THAT YOU, OTHER USERS, OR THRID PARTIES POST, WISHPLZ DOES NOT ASSUME LIABILITY NOR TAKES ANY RESPONSIBILITY FOR IT AND YOU ACCEPT ALL CONSEQUENCES FOR THE CONTENT YOU POST.

WISHPLZ, ITS EMPLOYEES, DIRECTORS, MEMBERS, CONSULTANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR FROM ANY INFORMATION, MATERIALS, CONTENT, PRODUCTS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THORUGH THIS SITE.

Disputes

To resolve any disputes relating in any way to your visit to WishPlz, you agree to first contact support@WishPlz.com for resolution. If a mutually agreed resolution is not attainable, arbitration shall be conducted under the rules then prevailing of the American Arbitration Association and in a mutually agreed county. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, through class arbitration or otherwise. You agree by entering into these terms you waive your right to a jury trial and class action suits.

Governing Law

You agree that the Terms, and your relationship with WishPlz under the Terms, shall be governed by the State of California, without respect to its conflict of laws principles. You agree to submit to the personal jurisdictions of a state court located in Santa Clara County, California or to the United States District Court for the Northern District of California, for any actions where you seek equitable or injunctive relief.

General

  1. The headings used in these Terms are for reference purposes only and do not limit the scope or extent of the section.
  2. 2. WishPlz reserves the right to determine the means, forms, and frequency of notifications to you. You can choose to opt out of certain means of notification. (Please see our Privacy Policy). Notifications can be for marketing, business related, or required by law.
  3. 3. WishPlz retains the right to modify or update Terms at its sole discretion. Please review the Terms periodically. Your continued use of WishPlz constitutes acceptance of any changes to the Terms.
  4. You agree that if WishPlz does not enforce or exercise any legal right or remedy which is contained in the Terms or under applicable law, this will not be taken as a formal waiver of WishPlz’s rights and that those rights or remedies will still be available to WishPlz.
  5. You cannot transfer or assign these Terms. Also, there shall be no third-party beneficiaries to the Terms except as otherwise expressly provided in these Terms.
  6. If any of these Terms are deemed invalid, void or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties intentions as reflected in the provision and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
  7. 7. WishPlz’s trademarks may not be used in connection with any product or service that is not WishPlz’s, in any manner that is likely to cause confusion or in any manner that disparages or discredits WishPlz.

Please contact support@wishplz.com if you have any questions regarding the Terms. Thank you.