These Terms were last updated on June 30, 2009.
This Terms and Conditions Agreement ("Terms of Service") between you ("User") and Wishing Link, Inc. ("WL", "Wishinglink", "we" or "us") sets forth the legally binding terms for your use of this website (including all content and applications available through Wishinglink.com) and any successor websites and services.
Updates to Terms. Although we may attempt to notify you when major changes are made to these Terms of Service, from time to time you should review the most up-to-date version here at www.wishinglink.com. We may, in our sole discretion, modify or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions and your continuing use of the Website will signify your Agreement. IF YOU ARE UNWILLING OR UNABLE TO COMPLY WITH THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THE WEBSITE.
Introduction and Access
Participants. Using Wishing Link as a participant or an event organizer is free. To access and use certain parts of the Website, you must become a registered user of Wishinglink.com ("registered participant"). These Terms and Conditions apply to all users of the Website, including both registered participants and non-registered participants.
In order to register with Wishinglink.com you must supply a valid email
address, to be used as a unique identifier for your account, your name, and a
password. You may change your password, or other account information, at any
time by following instructions available on your My Settings page. By
becoming a registered participant, you represent and warrant that (a) all
registration information you submit is truthful and accurate; (b) you will
maintain the accuracy of such information; (c) you are 13 years of age or
older; and (d) your use of the Website does not violate any applicable law or
regulation. Your Content and profile may be deleted and your registered
participant status may be terminated without warning if we believe that you are
under 13 years of age or by violating any of these
No Unauthorized Use. You are
solely responsible for maintaining the confidentiality of your password and
account, and agree not to transfer your email address or password, or lend or
otherwise transfer your use of or access to the Wishinglink Service, to any
third party. User shall not access or edit any part of the Website that
User is not authorized to access or edit (for example, only people on
participant lists may access protected event information, photo and news
postings). You are also solely responsible for any and all activities
that occur under your account as an event organizer.
No Sharing Of Access. Participants receive invitations to participate in secure events. You will only use the Wishinglink email link assigned to you to access event pages (if any) and will neither allow others to access the Website using the invited email link nor use the link of other participants. You are solely responsible for any edits, additions, or other content posted or activity performed using your Wishinglink email link and registered account. It is your responsibility to keep your account secure and you must notify us immediately of any security breach or unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
General Use of the Website
Non-Commercial Use Only. The Website is for non-commercial, personal use only. You may not use the Website for any commercial purpose without our prior, express authorization. Prohibited commercial uses include, but are not limited to the following:
Posting content that advertises or provides a commercial service or product, including commercial advertisements, affiliate links, or other forms of solicitation, without our express written authorization.
Selling access to the Website on another website or service or framing the Website on another website or service.
Any use of the Website that we find, in our sole discretion, to use our resources, content, or Services in a manner that competes with or displaces the market for the Website or the content or Services provided here.
No Automated Copying. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
No Personal Information Harvesting. You agree not to collect any personally identifiable information from the Website, nor to use the communication systems provided by the Website for the purpose of sending unsolicited solicitations or "spam."
General. Our goal is to maintain Wishinglink as an inviting, useful, safe and well-functioning website for all users. We reserve the right to prohibit or remove, without prior notice, any content that, in our sole judgment and discretion, interferes with that goal.
No Illegal or Infringing Content. You shall not post or transmit to the Website any material that You know or ought reasonably to have known (i) cannot be legally distributed (whether by law or regulation or in contempt of any court or other governmental authority or body); (ii) that infringes the copyrights, trademarks, trade secrets, or other proprietary rights ("Intellectual Property Rights") of any third party; or (iii) that contains any content that is illegal, threatening, harassing, defamatory, obscene, pornographic or indecent.
No Breach of Privacy Rights. You shall not post or transmit any material to the Website that breaches any laws or regulation relating to a person's right to privacy or the export of personal data ("Privacy Rights").
Your Responsibility for Posting Content. Although we reserve the right to refuse access or edit or remove content that violates these Terms, you acknowledge and accept responsibility and liability for content posted by you or any other user ("User Content"). We have no obligation to monitor the User Content, and we do not endorse or authorize any User Content or any opinion, recommendation, or advice expressed in such User Content. You are solely responsible for any User Content you post and any consequences arising from posting or publishing such User Content.
Much of the
value of the Wishinglink community comes from the event contributions of active
organizers and participants. We appreciate your input and participation. When
you give us your thoughts, ideas, stories, photos, and other content, you grant
us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable right to exercise the copyright, publicity, and database rights
you have in the content, in any media known now or in the future.
The content that any user posts is the sole responsibility of the person from whom the content originated. Wishinglink does not control the content posted on the WL Website, and as such, cannot and does not guaranty the accuracy, appropriateness, or quality of such content. You understand that by using the WL Website you may be exposed to content that is objectionable for various reasons. Wishinglink is not liable for any content, including, without limitation, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content that is posted, emailed, transmitted or otherwise made available on the WL Website. You agree not to hold Wishinglink responsible for the actions or inactions of other users, including content that they post.
At times, the Wishinglink Website may contain links to third party websites as a convenience to our users. These linked websites are not under Wishinglink's control, and Wishinglink is not responsible for the contents or functionality of any linked website, or any transmission received from any linked website.
Community Standards and Conduct
You acknowledge that all Materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Materials originated. This means that you are entirely responsible for all Materials that you post, email or otherwise transmit via the Wishinglink Service. We do not control all of the Materials posted via the WL Service and, as such, do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the WL Service, you may be exposed to Materials that are offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Materials, including, but not limited to, for any inaccuracies, 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 WL Service.
You agree not to:
• Post, transmit, or otherwise make available, through or in connection with the WL Service:
Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
Any 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.
Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity, or 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).
Any Materials 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
Wishinglink events and/or the website 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 participants and/or
organizers of Wishinglink.
• Harm minors in any way.
• Impersonate any person or entity; 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 Wishinglink or the servers or networks used to make the WL Service available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using Wishinglink, including without limitation by hacking or defacing any portion of the WL Service, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to Wishinglink.
• Attempt to gain unauthorized access to the WL Service, other accounts, computer systems or networks connected to the WLService, through password mining or any other means.
• Remove any copyright, trademark or other proprietary rights notice from the WL Service or Content or Materials originating from the WL Service.
• Frame or mirror any part of the WL 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 WL Service.
• Create a database by systematically downloading and storing content from the WL 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.
• Engage in any other conduct which, in Wishinglink's sole discretion, is considered inappropriate, unauthorized or objectionable.
Ownership and Use of Content
License to User Content. By posting
User Content on the Website, you grant, and agree to grant, Wishinglink.com a
license to use, copy, distribute, display, perform, and transmit the User
Content you post in connection with Wishinglink.com's (and its successors' and
affiliates') business. You also hereby grant each user of the Website a
non-exclusive license to access your User Content through the Website, and to
use such User Content as permitted through the functionality of the Website and
under these Terms of Service.
Event Page Editing. You understand that User Content posted to the Website can be edited, revised, or deleted at any time by us, or by other users as permitted through the functionality of the Website and under these Terms of Service. You consent to and license the editing, revision, and deletion of User Content posted by you. You understand that the Website retains earlier versions of content, but you acknowledge that we are not obligated to do so.
E-mail and Notices
Use of e-mail. By registering and providing your e-mail address, you consent to us communicating with you by e-mail, including without limitation, to provide you notice of any security breach in lieu of other written notification. You may opt-out of this e-mail communication by contacting us.
Notices. By providing your e-mail address you consent to our using the e-mail address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your e-mail address to send you other messages, including changes to Wishinglink features. If you do not want to receive such e-mail messages, you may opt out by changing your account settings or by sending mail to the following postal address:
PO Box 7192
Menlo Park, Ca 94025
We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to Users via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on our Website page, as determined by us at our discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Section.
You are solely responsible for your interactions with other Wishinglink participants and organizers. We reserve the right, but have no obligation, to monitor disputes between you and other participants and organizers. Although we sincerely hope that disputes among our users can be avoided, if you have a dispute with one or more users of the WL Website, you release Wishing Link Inc. (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
We use your
do not sell or rent your personal information to third parties for marketing
purposes without your explicit consent.
We have commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
WARRANTIES AND DISCLAIMERS
Actions of Third Parties. At times, actions or inactions of third parties can impair or disrupt connection to the Website or the availability of portions of the Website content. User acknowledges that because of the nature of the Internet and communications accessible or received through it, the security, reliability and integrity of the Website cannot be guaranteed. Although Wishinglink.com will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, Wishinglink.com cannot guarantee that such events will not occur. Accordingly, Wishinglink.com disclaims any and all liability resulting from or related to such events.
It is your obligation to use the Wishinglink Website only in accordance with all applicable laws and regulations. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
We cannot guarantee continuous or secure access to the Wishinglink Website. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the WL Website. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
If in such cases, or any other cases, we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the twelve (12) months prior to the action giving rise to the liability and (b) $100.
TERM AND TERMINATION.
Termination. This Agreement shall remain in full force and effect while you use the Website or are a participant. You may terminate your participation at any time, for any reason, by writing to us at Wishing Link Inc PO Box 7192 Menlo Park, CA 94025. We may terminate your participation at any time, without prior notice. Even after participant status is terminated, this Agreement will remain in effect with respect to any further use of the Website.