Effective Date: January 1, 2018
I. WishList.com REGISTERED MEMBER TERMS OF SERVICE APPLICABLE TO ALL MEMBERS
1. ACCEPTANCE OF TERMS.
You accept these terms by accessing or using WishList.com in any manner, even if you do not create an account with WishList.
When you complete the Member registration or signing in process, you agree to these Terms. These Terms may be updated from time to time. We will notify you of any significant updates to these Terms. Your continued use of our services signifies your acceptance of the changes. These Terms will always be available to users on this page for you to read. If you do not agree with these Terms, do not click “join now” and do not access, view, download, or otherwise use any WishList webpage, content, information, or services. When using free services offered through WishList.com’s third-party service providers, you will be subject to terms posted by these third-party service providers. Registration a new, or signing into an existing WishList.com user account signifies your agreement to those additional terms.
2. AGE RESTRICTION OR LEGAL ENTITY.
To register for an Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts.
3. ABOUT OUR SERVICES.
3.1 WishList.com Services. WishList provides communication tools, search capabilities, profile management, job posting, and proposal posting through WishList.com’s website-based “Service.” Some services offered on WishList.com are provided free of charge, while others require payment. We reserve the right to change the cost of services, or to charge for other services, at any time.
3.2 Service Limitations. We will do our best to make your experience with WishList.com a pleasurable one, but we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings, or other service interruptions. For this reason, you agree that WishList.com’s services, including the services of our third-party service providers, are provided “AS IS.” WishList.com and our third party service providers cannot assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings. In addition, you hereby acknowledge and agree that we obtain our data from third-party sources, which may or may not be completely thorough and accurate and as such you cannot rely on its accuracy or completeness.
3.3 Service Changes and Discontinuation. WishList.com reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that WishList.com will not be liable to you or any third party for any modification or discontinuance of the Service.
4. GENERAL TERMS
4.1 Provide Accurate Information. You agree to provide true, accurate, current, and complete information about yourself, or the legal entity you represent, as requested in the WishList.com registration forms or any other information as requested for the purposes required to sign into WishList’s services (we call this information “Registration Data”). Accurate records help us create better sites. Please update the Registration Data to keep it current and accurate.
4.2 Guard Your Password. You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur using your password or account. Please notify WishList.com immediately of any unauthorized use of your password or account or any other breach of security. You hereby acknowledge that the information available through WishList.com may include personally identifiable information and it is your responsibility to keep all such accessed information confidential and secure.
4.3 Obey the Law. You represent and warrant that you will not use the services for illegal purposes or for the posting or transmission of material that is unlawful, harassing, false, fraudulent, defamatory, libelous (e.g., untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene or otherwise tortious, or that infringes the copyrights (e.g., rights of an owner of written material) or other intellectual property rights of others (including rights of publicity).
4.4 Content Restrictions. All website design, text, graphics, the selection and arrangement thereof, and all software that are part of WishList.com are protected by international copyright laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio, and/or video materials or any other form of proprietary content found on WishList.com is strictly prohibited without the prior written permission of WishList.com. Content that is publicly available on WishList.com may not be stored in a computer, except for personal and noncommercial use.
4.5 Photos and User-Submitted Content. We reserve the right (but do not have the obligation) to delete any photo posted on the website that we find in violation of our photo guidelines and standards. Photo guidelines and standards include prohibitions against nudity or content that might be deemed offensive, inappropriate, or in violation of copyright rules and restrictions.
Similarly, we also reserve the right (but do not have the obligation) to remove any profile content, including but not limited to reviews, that we find unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or in violation of these Terms.
4.6 Limits On Uses of User Information. By using WishList.com websites, you agree not to data-scrape, copy, aggregate, redistribute, alter, reproduce, or re-use for commercial purposes any user’s (whether specific to any particular user or as an aggregation of users’ information) information accessible through any websites or networks owned by WishList.com. “Commercial purposes” can include but is not limited to selling information to third parties; using the data collected to customize users’ experiences at a site or network outside of WishList.com; using the data for targeted marketing campaigns not affiliated with WishList.com; or using the data to offer services to WishList.com users. WishList.com reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.
4.7 Using WishList.com for other than its
WishList provides communication tools, search capabilities, profile management, job posting, and proposal posting so Clients and Freelancers can find each other.
Users are required to use the WishList.com website for its intended purposes. For example, the following uses of the WishList.com website are not allowed:
4.8 Service Limitations. You hereby agree to accept all information “AS IS” and acknowledge that WishList obtains data from third-party sources, which may or may not be completely thorough and accurate, and that you shall not rely on WishList for the accuracy or completeness of information supplied through WishList. You understand that restrictions may be placed on accessing certain portions of the website which might otherwise be available. WishList reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of, WishList.com. You agree to provide at your own cost all equipment, software, mobile access, and internet access necessary to use the Services.
5. RIGHTS YOU GRANT TO WishList.com
5.2 Account Access. In order to ensure that WishList.com is able to provide high-quality services that are responsive to Members’ needs, you agree that WishList.com employees have access to your account and records as reasonably needed to investigate complaints.
5.3 Merger or Acquisition. In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by WishList.com, WishList.com may transfer your Personally Identifiable Information to a third party as a part of such merger, acquisition, reorganization, or sale.
6. OTHER LEGAL ISSUES
6.1 Disclaimer of Warranties. You expressly understand and agree to the following:
WishList.com makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email messages will not be lost, and (vi) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from WishList.com, our third-party service providers, or through or from the Service will create any warranty not expressly stated in the terms.
WishList does not have any obligation to verify the identity of the persons subscribing to its Services, nor does it have any obligation to monitor the use of its Services by other users; therefore, WishList disclaims all liability for identity theft or any other misuse of your identity or information by others.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the extent that any part of this section is not consistent with any other part of these terms, then this Disclaimer of Warranties will override it.
6.2 No Endorsement of Member Content. You acknowledge and agree that WishList.com does not endorse the content of any Member or other third party, and is not responsible or liable for any such content, even though it could be unlawful, harassing, defamatory, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or tortious, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that WishList.com does not pre-screen all content, but that WishList.com and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any content that is publicly available via the service.
6.3 RELATIONSHIP WITH WishList. WishList is not a party to the dealings between Client and Freelancer, including posts, proposals, screening, selection, contracting, and performance of Freelancer Services. WishList does not introduce Freelancers to Clients or help Freelancers find Engagements. WishList merely makes the Site Services available to enable Freelancers to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Freelancers for themselves. WishList does not, in any way, supervise, direct, or control Freelancer or Freelancer’s work. WishList does not set Freelancer’s work hours, work schedules, or location of work, nor is WishList involved in determining if the Freelancer Fees will be set at an hourly or fixed rate for a Service Contract. WishList will not provide Freelancer with training or any equipment, labor, or materials needed for a particular Service Contract. WishList does not provide the premises at which the Freelancer will perform the work. WishList makes no representations about, and does not guarantee the quality, safety, or legality of, the Freelancer Services; the truth or accuracy of Freelancer’s listings on the Site; the qualifications, background, or identities of Users; the ability of Freelancers to deliver the Freelancer Services; the ability of Clients to pay for the Freelancer Services; or that a Client or Freelancer can or will actually complete a transaction.
WishList does not deduct any amount for withholding, unemployment, Social Security, or other taxes for Client or Freelancer, each of which is solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority in any nation with respect to Freelancer’s performance, and Client’s acceptance, of Freelancer Services.
WishList is not required to and may not verify any feedback or information given to us by Freelancers or Clients, nor does WishList perform background checks on Freelancers or Clients.
You hereby acknowledge and agree that WishList may provide information on the Site about a Freelancer or Client, such as feedback, composite feedback, including a strength or risk score, geographical location, or verification of identity or credentials. However, such information is based solely on data that Freelancers or Clients voluntarily submit to WishList and does not constitute and will not be construed as an introduction, endorsement, or recommendation by WishList; WishList provides such information solely for the convenience of Users.
6.4 Limitation of Liability. You agree that WishList.com, nor its subsidiaries and affiliates, nor any third party data provider (for purposes of indemnification, warranties, and limitations on liability, WishList, our subsidiaries and affiliates, and our third party data providers are hereby collectively referred to as “WishList Parties”) will not be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if WishList.com has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the Service; (ii) The ineffective operation of any of any of the services offered; (iii) The cost of getting substitute goods and services resulting from any products, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (iv) Unauthorized access to or alteration of your transmissions or data; (v) Any third-party statements or materials, including statements and materials posted by Member and other third parties in connection with the Service, or any other conduct of anyone in connection with the Service; (vi) For any loss or injury arising out of or caused in whole or in part by WishList Parties acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering our services; and (vii) Any other matter relating to the service.
6.5 Indemnification. You agree to protect, indemnify and fully compensate the WishList Parties from any and all third-party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorneys fees) arising from (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, (3) any activity in which you engage on or through WishList and (4) your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone; and (5) any other harm or loss caused by WishList as a result of your use of the Services.
6.6 Miscellaneous. WishList.com provides information of a general nature and is designed for informational purposes only and is not meant to be a substitute for legal, or financial advice from a professional. Consult with your professional for any specific legal, or financial concern. WishList.com’s rights under this Agreement may not be waived unless WishList.com agrees to such change in writing. This Agreement is personal to you, and you may assign this agreement only with WishList.com’s prior written approval. Any other attempt to assign, transfer, or delegate this Agreement shall be null and void.
6.7 Choice of Law. This Agreement and all matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of California, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted, and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and WishList.com about the services.
All of WishList’s rights and obligations under this Agreement are freely assignable by WishList in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
6.8 Entire Agreement. These Terms make up the entire agreement between you and WishList and supersedes any other agreements.
Waiver. If WishList fails to enforce any of these Terms, it will not
be considered a waiver of these or any of the Terms.
These Terms require that disputes between WishList and you be resolved by binding arbitration rather than by jury trials or class actions. WishList.com and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement between WishList.com and you.
A party who intends to seek arbitration must first send written notice to WishList’s Customer Care Center of its intent to arbitrate (“Notice”). The Notice to WishList should be sent by electronic mail to arbitration@WishList.com; or (c) sending the Notice by U.S. Postal Service certified mail to WishList.com, Attn: Customer Relations, 46-E Peninsula Center, Suite 363, Rolling Hills Estates, CA 90274. The Notice must also describe the nature and basis of the claim or dispute; and set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or WishList may commence an arbitration proceeding.
The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. A judgment upon the award entered by the arbitrator may be entered in any court having jurisdiction thereof.
If the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AAA Rules.
You agree that, by entering into this Agreement, you and WishList.com are waiving the right to a trial by jury.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and WishList.com agree that YOU AND WishList.com MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
This agreement is subject to change by WishList.com at any time. We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. The updates and all changes will be posted at WishList.com/user-agreement. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the Service following our posting of a change notice or new agreement on WishList.com will constitute your binding acceptance of the change.
Notices by WishList.com to Subscribers may be given by means of electronic messages or by a general posting on the service.
10. THIRD PARTY BENEFICIARIES
You agree and acknowledge that if the WishList Parties determine or reasonably suspect that you are reselling or brokering WishList.com information, programs, computer applications, or data, or are otherwise violating any provision of this Agreement, or any of the laws, regulations, or rules described herein, the WishList Parties may take immediate action, including without limitation, legal action, terminating the delivery of, and the license to use, the WishList services. You expressly acknowledge that WishList’s third party providers shall be third party beneficiaries of this Agreement and shall have all rights to enforce the terms and conditions of this Agreement.
11. RIGHT TO INVESTIGATE
You understand and agree that WishList reserves the right to investigate any improper use of the website that we reasonably suspect to be in violation of the terms set forth in this agreement. WishList may may modify, remove or disable access to any content that violates this Agreement.
12. THE AGREEMENT
This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflicts of law provisions. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section.
You shall not use the Service in any manner contrary to local, state, or federal law. WishList.com expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state, or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The mandatory arbitration provision applies to the Subscription Terms of Service as well.
14. THE PARTIES HAVE AGREED THAT THIS AGREEMENT SHALL BE WRITTEN IN ENGLISH.
Last Updated: May 06, 2015
Direct Questions or Notices to:
46-E Peninsula Center, Suite 363
Rolling Hills Estates, CA 90274
Or contact WishList.com online