SocialWish™ Inc. provides this site and the services offered on it (collectively, the "SocialWish™ Inc. Website") under the following terms of service and use (the "Terms"). Please read them carefully. You understand and agree that the SocialWish™ Inc. Website is provided to you exclusively under these Terms. By using the SocialWish™ Inc. Website or registering to use the services offered, you are stating that you have read and understand the Terms and that you agree to be bound by them. SocialWish™ Inc. reserves the right to terminate your account at any time for any reason, including if SocialWish™ Inc. learns that you have provided false or misleading registration information or have violated the Terms.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the SocialWish™ Inc. Website and all charges related thereto. You agree not to use the SocialWish™ Inc. Website to: (a) violate any local, state, national or international law (b) stalk, harass or harm another individual (c) collect or store personal data about other users (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity and (e) interfere with or disrupt the SocialWish™ Inc. Website or servers or networks connected to the SocialWish™ Inc. Website, or disobey any requirements, procedures, policies or regulations of networks connected to the SocialWish™ Inc. Website.
SocialWish™ Inc. may change the Terms from time to time. If you object to any such changes, your sole recourse shall be to cease using the SocialWish™ Inc. Website. Continued use of the SocialWish™ Inc. Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
SocialWish™ Inc. reserves the right to modify or discontinue the SocialWish™ Inc. Website with or without notice to you. SocialWish™ Inc. shall not be liable to you or any third party should SocialWish™ Inc. exercise its right to modify or discontinue the SocialWish™ Inc. Website. If you object to any such changes, your sole recourse shall be to cease using the SocialWish™ Inc. Website. Continued use of the SocialWish™ Inc. Website following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the SocialWish™ Inc. Website as so modified.
As part of the registration process, you will be asked to provide certain personal information to SocialWish™ Inc. All uses of your personal information will be in accordance with the provisions of the SocialWish™ Inc. Privacy Policy.
You are responsible for maintaining the confidentiality of your username, event number and password, and you are solely responsible for all activities that occur under your username, event number and password. SocialWish™ Inc. recommends that you memorize this information, and not write it down. You agree to immediately notify SocialWish™ Inc. of any unauthorized use of your username, event number and password or any other breach of security related to the SocialWish™ Inc. Website. SOCIALWISH™ INC. CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR EVENT NUMBER AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
SocialWish provides a service for fundraising utilizing the SocialWish™ Social Fundraising Platform. All contributions made to a "wish" on the site are therefore Final. If you feel you have made a mistake in the amount contributed please contact SocialWish using the Contact Us form.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of SocialWish's services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
You may not use the SocialWish service for activities that:
(i) violate any law, statute, ordinance or regulation; (ii) relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law (iii) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing,or (g) provide certain credit repair or debt settlement services (iv) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent (v) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices (vi) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from SocialWish and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
SocialWish™ Inc. is a distributor (and not a publisher) of content supplied by third parties and users of the SocialWish™ Inc. Website. Accordingly, SocialWish™ Inc. has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information provided by other users of the SocialWish™ Inc. Website, are those of the respective author(s) or distributor(s) of that information and not of SocialWish™ Inc. SocialWish™ Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the SocialWish™ Inc. Website by anyone other than authorized SocialWish™ Inc. spokespersons while acting in their official capacities. SocialWish™ Inc. has the right, but not the obligation, to monitor and review the content on the SocialWish™ Inc. Website and your account to determine compliance with these Terms and any other operating rules established by SocialWish™ Inc., to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that SocialWish™ Inc. does not monitor content for accuracy or reliability.
Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from SocialWish™ Inc. partners, advertisers, merchants or sponsors found on or through the SocialWish™ Inc. Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s) or sponsor(s). YOU AGREE THAT SOCIALWISH™ INC. SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON THE SocialWish™ Inc. Website.
SocialWish™ Inc.'s provision of a link to any other website or location is for your convenience and does not signify SocialWish™ Inc.'s endorsement of such other site or location or its contents. SOCIALWISH™ INC. SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the SocialWish™ Inc. Website, use of the SocialWish™ Inc. Website or access to the SocialWish™ Inc. Website. The SocialWish™ Inc. Website is provided for your personal, noncommercial use only.
You agree that SocialWish™ Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the SocialWish™ Inc. Website, and remove and discard any information posted by you on the SocialWish™ Inc. Website, for any reason, including, without limitation, if SocialWish™ Inc. believes that you have violated or acted inconsistently with the letter or spirit of the Terms. You agree that SocialWish™ Inc. may terminate your access to the SocialWish™ Inc. Website without prior notice, and you acknowledge and agree that SocialWish™ Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the SocialWish™ Inc. Website. FURTHER, YOU AGREE THAT SOCIALWISH™ INC. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SOCIALWISH™ INC. Website. You may discontinue your participation in and access to the SocialWish™ Inc. Website at any time.
YOU EXPRESSLY AGREE THAT USE OF THE SOCIALWISH™ INC. Website IS AT YOUR SOLE RISK. THE SOCIALWISH™ INC. Website IS PROVIDED ON AN "AS IS" BASIS. SOCIALWISH™ INC. 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 USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOCIALWISH™ INC. Website. SOCIALWISH™ INC. MAKES NO WARRANTY THAT THE SOCIALWISH™ INC. Website WILL MEET YOUR REQUIREMENTS, OR THAT THE SOCIALWISH™ INC. Website WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE NOR DOES SOCIALWISH™ INC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOCIALWISH™ INC. Website OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SOCIALWISH™ INC. OR THAT DEFECTS IN THE SOCIALWISH™ INC. Website WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOCIALWISH™ INC. Website IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. SOCIALWISH™ INC. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SOCIALWISH™ INC. Website OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SOCIALWISH™ INC. Website. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOCIALWISH™ INC. OR THROUGH THE SOCIALWISH™ INC. WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SOCIALWISH™ INC. OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SOCIALWISH™ INC. Website.
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 and disclaimers may not apply to you. To the extent that SocialWish™ Inc. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of SocialWish™ Inc.'s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless SocialWish™ Inc., its parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from (1) any information you (or anyone using your account) submits, posts or transmits through the SocialWish™ Inc. Website, (2) your (or anyone using your account's) use of the SocialWish™ Inc. Website, (3) your (or anyone using your account's) violation of these Terms, (4) your (or anyone using your account's) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the SocialWish™ Inc. Website.
TRADEMARKS: The content of the SocialWish™ Inc. Website (the "Content"), including without limitation, text, software, photos, and graphics, is subject to United States and international intellectual property and proprietary rights and laws, and is owned by SocialWish™ Inc. or its licensors. Certain of the names, logos, and other materials displayed in the SocialWish™ Inc. Website constitute trademarks, tradenames, service marks or logos ("Marks") of SocialWish™ Inc. or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with SocialWish™ Inc. or those other entities. All use of the Content and Marks is subject to the restrictions in our intellectual property notice.
COPYRIGHT: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of SocialWish™ Inc. or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of SocialWish™ Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of SocialWish™ Inc. or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping, selling, and e-card resource Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
You hereby grant to SocialWish™ Inc. a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now known or currently known, to exercise all copyright rights with respect to the content you provide to us to be published on your SocialWish™ gift page, personal pages or otherwise through the SocialWish™ Inc. Website. The foregoing does not apply to content contained on hyperlinked pages or any other content you do not submit to us.
The Terms constitute the entire and exclusive and final statement of the agreement between you and SocialWish™ Inc. with respect to the subject matter hereof, and govern your use of the SocialWish™ Inc. Website, superseding any prior agreements between you and SocialWish™ Inc. with respect to the subject matter hereof. The Terms and the relationship between you and SocialWish™ Inc. shall be governed by the laws of the State of California as applied to agreements made, entered into and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the SocialWish™ Inc. Website shall be brought in the Federal or state courts located in Sacramento, California and you and SocialWish™ Inc. hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of SocialWish™ Inc. to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SocialWish™ Inc. Websites or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
The terms of Sections 11 through 20 as well as any other limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of the Terms for any reason. SocialWish™ Inc.'s (and its licensors') proprietary rights (including any and all intellectual property rights) in and to the Content and the SocialWish™ Inc. Website shall survive the expiration or earlier termination of the Terms for any reason.
Please report any violations of the Terms to our Customer Service Department to support@SocialWish.com
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, SocialWish designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail Yan Tsirklin, PO Box 2073, New City, NY 10956 By Telephone: 212-202-0235 By Email: copyright@SocialWish.com
NOTE: SocialWish™ Inc. reserves the right to deny service to any individual or entity.