Terms and Conditions

THIS LEGAL AGREEMENT BETWEEN YOU AND WISHLIFE, INC. ("WISHLIFE") GOVERNS YOUR USE OF THE WISHLIFE SERVICE, THE WISHLIFE WEBSITE OR ANY APPLICATIONS (INCLUDING MOBILE APPLICATIONS) MADE AVAILABLE BY WISHLIFE (TOGETHER THE “WISHLIFE SERVICE”), HOWEVER ACCESSED, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS OF USE”). THE SERVICE IS OWNED OR CONTROLLED BY WISHLIFE. THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE.

There may be times when we offer a special feature that has its own terms and conditions that apply to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

THE WISHLIFE SERVICE

Wishlife is the provider of the Wishlife Service, which permits you to purchase products ("Wishlife Products") for end user use only under the terms and conditions set forth in this Agreement.

BASIC TERMS AND REQUIREMENTS FOR USE OF THE WISHLIFE SERVICE

This Wishlife Service is only available for individuals aged 13 years or older, unless you are under 13 years old and your Wishlife ID was provided to you as a result of a request by an approved educational institution. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos, videos or other content via the Wishlife Service.

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Wishlife Service and your Content (defined below), including but not limited to, copyright laws.

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Wishlife Service.We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Wishlife Service, and that your use of the Wishlife Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Wishlife Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Wishlife Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

You are solely responsible for your interaction with other users of the Wishlife Service, whether online or offline. You agree that Wishlife is not responsible or liable for the conduct of any user. Wishlife reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

There may be links from the Wishlife Service, or from communications you receive from the Wishlife Service, to third-party websites or features. There may also be links to third-party web sites or features in images or comments within the Wishlife Service. The Wishlife Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Wishlife Service may also permit interactions between the Wishlife Service and a third-party web site or feature, including applications that connect the Wishlife Service or your profile on the Wishlife Service with a third-party web site or feature. For example, the Wishlife Service may include a feature that enables you to share Content from the Wishlife Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Wishlife does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Wishlife is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE WISHLIFE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Wishlife Service or your profile on the Wishlife Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Wishlife has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Wishlife harmless for activity related to the Application.

Use of the Wishlife Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Wishlife Service and may be required for certain transactions or features and to download Wishlife Products previously purchased from the Wishlife Service. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Wishlife Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Wishlife Service.

YOUR ACCOUNT

As a registered user of the Wishlife Service, you may establish an account ("Account"). Don’t reveal your Account information to anyone. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Wishlife of any security breach of your Account. Wishlife shall not be responsible for any losses arising out of the unauthorized use of your Account.

In order to purchase and download Wishlife Products from the Wishlife Service, you must enter your Wishlife ID and password or to authenticate your Account for purchases. Once you have authenticated your Account using your Wishlife ID and password, you will not need to authenticate again for fifteen minutes on your computer, tablet or smartphone; you can choose to allow your computer to remember your password to remain authenticated. During this time, you will be able to purchase and download Wishlife Products without re-entering your password. For more information, please see http://support.wishlife.com.

You agree to provide accurate and complete information when you register with, and as you use, the Wishlife Service ("Wishlife Registration Data"), and you agree to update your Wishlife Registration Data to keep it accurate and complete. You agree that Wishlife may store and use the Wishlife Registration Data you provide for use in maintaining and billing fees to your Account.

Wishlife does not claim ownership of any Content that you post on or through the Wishlife Service. You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.

You agree that Wishlife is not responsible for, and does not endorse, Content posted within the Service. Wishlife does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

PRIVACY

The Wishlife Service is subject to Wishlife 's Privacy Policy at http://www.wishlife.com/privacy

Wishlife will, from time to time, automatically collect information that can be used to identify media in your Wishlife library on your computer, such as your use history.

Wishlife may only use this information and combine it with aggregated information from the Wishlife libraries of other users who also opt in to this feature, your Wishlife purchase history data, aggregated purchase history data from other Wishlife users, and other information obtained from third parties.

At all times your information will be treated in accordance with Wishlife’s Privacy Policy.

CONTENT AVAILABILITY

Wishlife reserves the right to change content options (including eligibility for particular features) without notice. For further information or concerns about closed captioning in specific content within the Wishlife Service, please email support@wishlife.com. 

USE OF PURCHASED OR RENTED CONTENT

You agree that the Wishlife Service and certain Wishlife Products include security technology that limits your use of Wishlife Products and that, whether or not Wishlife Products are limited by security technology, you shall use Wishlife Products in compliance with the applicable usage rules established by Wishlife and its licensors (“Usage Rules”), and that any other use of the Wishlife Products may constitute a copyright infringement. Any security technology is an inseparable part of the Wishlife Products. Wishlife reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Wishlife for compliance purposes, and Wishlife reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Wishlife s Service by any means other than through software that is provided by Wishlife for accessing the Wishlife Service. You shall not access or attempt to access an Account that you are not authorized to access. 

USAGE RULES

(i) You shall be authorized to use Wishlife Products only for personal, noncommercial use.

(ii) Wishlife Products do not contain security technology that limits your usage of such products, and Usage Rules (i) do not apply to Wishlife Products. You may copy, and store Wishlife Products as reasonably necessary for personal, noncommercial use.

The delivery of Wishlife Products does not transfer to you any commercial or promotional use rights in the Wishlife Products. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Wishlife Product.You acknowledge that, because some aspects of the Wishlife Service, Wishlife Products, and administration of the Usage Rules entails the ongoing involvement of Wishlife, if Wishlife changes any part of or discontinues the Wishlife Service, which Wishlife may do at its election, you may not be able to use Wishlife Products to the same extent as prior to such change or discontinuation, and that Wishlife shall have no liability to you in such case.

IMPORTANT SAFETY INFORMATION

To avoid muscle, joint, or eyestrain during your use of the products offered through the Wishlife Service, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts.

INTELLECTUAL PROPERTY

You agree that the Wishlife Service, including but not limited to Wishlife Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Wishlife Service, contains proprietary information and material that is owned by Wishlife and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Wishlife Service in compliance with this Agreement. No portion of the Wishlife Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Wishlife Service in any manner, and you shall not exploit the Wishlife Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, Wishlife and its licensors reserve the right to change, suspend, remove, or disable access to any Wishlife Products, content, or other materials comprising a part of the Wishlife Service at any time without notice. In no event will Wishlife be liable for making these changes. Wishlife may also impose limits on the use of or access to certain features or portions of the Wishlife Service, in any case and without notice or liability.

All copyrights in and to the Wishlife Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Wishlife and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE WISHLIFE SERVICE, EXCEPT FOR USE OF THE WISHLIFE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

The Wishlife Service contains content owned or licensed by Wishlife ("Wishlife Content"). Wishlife Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Wishlife, Wishlife owns and retains all rights in the Wishlife Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Wishlife Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Wishlife Content.

The Wishlife name and logo are trademarks of Wishlife, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wishlife. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Wishlife, and may not be copied, imitated or used, in whole or in part, without prior written permission from Wishlife.

Wishlife, the Wishlife logo, Wishlife Service, and other Wishlife trademarks, service marks, graphics, and logos used in connection with the Wishlife Service are trademarks or registered trademarks of Wishlife Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Wishlife Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.As an Account holder of the Wishlife Service in good standing, you may be provided with limited access to download the content of your Wishlife Library of your Wishlife application. Such access is provided as an accommodation only, and Wishlife does not warrant, and will not have any liability or responsibility for or your content use thereof. You may access album cover art only for music for which you are the lawful owner of a legal copy. You agree that you will not use content in any manner that would infringe or violate this Agreement or the rights of any other party, and that Wishlife is not in any way responsible for any such use by you.

TERMINATION

If you fail, or Wishlife suspects that you have failed, to comply with any of the provisions of this Agreement, Wishlife, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Wishlife Service (or any part thereof).

Wishlife reserves the right to modify, suspend, or discontinue the Wishlife Service (or any part or content thereof) at any time with or without notice to you, and Wishlife will not be liable to you or to any third party should it exercise such rights.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

THE WISHLIFE SERVICE, INCLUDING, WITHOUT LIMITATION, WISHLIFE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WISHLIFE NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "WISHLIFE PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE WISHLIFE SERVIE; (B) THE WISHLIFE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO WISHLIFE OR VIA THE SERVICE. IN ADDITION, THE WISHLIFE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE WISHLIFE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE WISHLIFE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE WISHLIFE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE WISHLIFE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.THE WISHLIFE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

WAIVER AND INDEMNITY

UNDER NO CIRCUMSTANCES WILL THE WISHLIFE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE WISHLIFE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE WISHLIFE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE WISHLIFE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE WISHLIFE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE WISHLIFE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF WISHLIFE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE WISHLIFE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE WISHLIFE PARTIES.

BY ACCESSING THE WISHLIFE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."

WISHLIFE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

You (and also any third party for whom you operate an account or activity on the Wishlife Service) agree to defend (at Wishlife's request), indemnify and hold the Wishlife Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Wishlife Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Wishlife in the defense of any claim. Wishlife reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Wishlife.

CHANGES

Wishlife reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Wishlife Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Wishlife Service will be deemed acceptance thereof.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Wishlife and governs your use of the Wishlife Service, superseding any prior agreements between you and Wishlife. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Wishlife 's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Wishlife will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The Wishlife Service is operated by Wishlife from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Wishlife Service. All transactions on the Wishlife Service are governed by California law, without giving effect to its conflict of law provisions. Your use of the Wishlife Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Wishlife or relating in any way to your use of the Wishlife Service resides in the federal or state courts located in the San Francisco, California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California law, upon electronic transmission to the recipient. No Wishlife employee or agent has the authority to vary this Agreement.

You agree that any claim you may have arising out of or related to your relationship with Wishlife must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Wishlife may notify you with respect to the Wishlife Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Wishlife Service. Notices shall become effective immediately.

Wishlife reserves the right to take steps Wishlife believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Wishlife has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Wishlife believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Wishlife 's right to cooperate with any legal process relating to your use of the Wishlife Service and/or Wishlife Products, and/or a third-party claim that your use of the Wishlife Service and/or Wishlife Products is unlawful and/or infringes such third party's rights).

Last modified: August 1, 2014

Terms Privacy
400 Oyster Point Blvd, Suite # 326,
South San Francisco, CA 94080
© 2018 Wishlife Inc. All rights reserved.