2. About the Site.
The Site is a platform that connects persons with certain needs, wishes, and desires (a “Wish” or “Wishes”) with persons who have the ability to fulfill such Wishes. Persons using the Site are referred to herein as “Users”. SimplyWishes and the Site act only as a conduit or platform to provide information and connect Users. If any User determines in his or her sole discretion to grant the Wish of another User, such transaction will be solely between the two Users and neither SimplyWishes nor the Site will be a party to such transaction and neither has any responsibility or liability for any Wishes granted by one User to another User.
SimplyWishes reserves the right to change or discontinue any aspect or feature of the Site or its services at any time with or without notice, including, but not limited to, requirements or eligibility to use the Site.
SIMPLYWISHES OFFERS INFORMATION AND A METHOD FOR PERSONS WITH WISHES (“WISHERS”) TO CONNECT AND COORDINATE WITH PERSONS WHO CAN FULFILL THOSE WISHES (“GRANTORS”). EACH GRANTOR IS SOLELY RESPONSIBLE FOR VERIFYING THE LEGITIMACY OF ANY WISH BEFORE FULFILLING IT. EACH WISHER IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER TO ACCEPT FULFILLMENT OF A WISH FROM A GRANTOR AND WHETHER SUCH FULFILLMENT WILL MEET THE WISHER’S NEEDS AND EXPECTATIONS. EACH GRANTOR AND WISHER ARE SOLELY RESPONSIBLE FOR CONFIRMING THE TERMS AND CONDITIONS UNDER WHICH A WISH WILL BE FULFILLED, INCLUDING THE IDENTITY, CONTACT INFORMATION, AND OTHER PERTINENT INFORMATION REQUIRED TO FULFILL THE WISH. SIMPLYWISHES HAS NO RESPONSIBILITY OR LIABILITY FOR ANY WISHES SHARED OR FULFILLED ON THE SITE VIA THE SITE AND SIMPLYWISHES DOES NOT GUARANTEE THAT THE FULFILLMENT OF ANY WISH WILL SATISFY THE NEEDS AND EXPECTATIONS OF THE WISHER.
SIMPLYWISHES IS NOT A PARTY TO ANY AGREEMENTS ENTERED BY USERS FOR THE FULFILLMENT OF WISHES. SIMPLY WISHES HAS NO CONTROL OVER THE CONDUCT OF USERS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. ANY USERS WHO DECIDE TO MEET IN PERSON REGARDING THE FULFILLMENT OF A WISH ARE ENCOURAGED TO DO SO IN A SAFE MANNER FOR BOTH USERS.
3. Ownership of the Site; License.
4. Eligibility to Use the Site; Access.
You must be at least 18 years of age, able to create a binding legal obligation, and not barred from receiving products or services under any applicable law to use or access the Site. You must have the right to provide any and all information you submit to the Site. You may use the Site only to list legitimate Wishes, to connect with other Users, or to fulfill a Wish of another User. SimplyWishes retains the right, in its sole discretion, to deny use of the Site or an Account (as defined below) to anyone at any time and for any reason. While SimplyWishes uses reasonable efforts to keep the Site and your Account accessible, the Site and/or your Account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your Account due to circumstances both within the control of SimplyWishes (e.g., routine maintenance) and outside of its control.
5. Your Account.
To access some features on the Site, you may be required to create an account (“Account”). You may only create and hold one account on the Site for your personal use. The information you provide when creating your Account must be accurate, true, current, complete, and correct. You may not submit any information that is purposely inaccurate, commits fraud or falsifies information or to create multiple Accounts. You are responsible for updating and correcting information you have submitted to create or maintain your account. You understand and agree that SimplyWishes shall have no responsibility for any incident arising out of, or related to, your Account. You must safeguard your password and supervise the use of your Account. You are solely responsible for maintaining the security of your Account and maintaining settings on your Account that reflect your preferences. We will assume that anyone using the Site or transacting through your Account is you. You agree that you are solely responsible for any activity that occurs under your Account. SimplyWishes reserves the right to cancel your Account at any time in its sole discretion.
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Failure to maintain updated and correct information about your Account may result in suspension or termination of your Account. You understand and agree that SimplyWishes may cancel your Account at any time with or without notice to you in its sole discretion.
6. Text Messaging; E-Mails; Etc.
By creating an Account, you agree that SimplyWishes may send you informational text (SMS) messages and e-mails related to the Site. SimplyWishes will communicate with you via e-mail or text message or by posting electronic notices on the Site. By using the Site, you agree that all agreements, notices, disclosures and other communications that are provided to you via e-mail, text, or posting on the Site satisfy any legal requirement that such communications be in writing. Notices will be considered delivered to you and effective when sent to the email address you have provided on your Account.
8. Your Conduct.
Attempting to do or actually doing any of the following:
Reproducing, distributing, creating derivative works from, publicly displaying, publicly performing, licensing, selling or re-selling any content, software, products or services obtained from or through the Site without the express permission of SimplyWishes;
Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;
Scanning or testing the security or configuration of the Site or to breach security or authentication measures; or
Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site.
Using any of the following:
Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
Any Site content, including without limitation, User Content (as defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
The Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with SimplyWishes; or
The Site or any of its resources to solicit consumers, merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with SimplyWishes, including, without limitation, aggregating current or previously offered Wishes.
Collecting any of the following:
Content from the Site, including, but not limited to, in connection with current or previous Wishes, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or
Engaging in any of the following:
Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by SimplyWishes;
Taking any action that places excessive demand on the Site or its services or imposes, or may impose, an unreasonable or disproportionately large load on the SimplyWishes servers or other portion of the SimplyWishes infrastructure (as determined in the sole discretion of SimplyWishes);
Accessing, monitoring or copying any content from the Site using any “crawler”, “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
Aggregating any current or previously-offered Wishes or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;
Deep-linking to any portion of the Site without our express written permission;
Hyperlinking to the Site from any other website without the consent of SimplyWishes; or
Acting illegally or maliciously against the business interests or reputation of SimplyWishes or its services.
9. User Content.
The Site provides Users the ability to post and respond to Wishes and may provide Users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, and including Wishes, “User Content”) through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site from time to time. All User Content is subject to the community guidelines located at
www.simplywishes.com/community-guidelines (the “Community Guidelines”). Any User Content which does not adhere to the Community Guidelines will be removed. Users who continually or habitually violate the Community Guidelines may be banned from the Site and their Accounts terminated.
In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your Account. SimplyWishes makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
You understand and agree that User Content is public. Any person (whether or not a user of SimplyWishes’s services) may read your User Content without your knowledge. Do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. SimplyWishes is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content. Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by SimplyWishes. Other Users may post User Content that is inaccurate, misleading or deceptive. SimplyWishes does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of SimplyWishes. SimplyWishes does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including any objectionable User Content.
Some User Content you submit to SimplyWishes may display, or may give you the option to display, your Personal Information, or a portion of your Personal Information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant SimplyWishes a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the Personal Information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, SimplyWishes shall have no obligation to use your Personal Information in connection with any User Content.
As between you and SimplyWishes, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant SimplyWishes a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. SimplyWishes’s license in any User Content or Personal Information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.
Only individuals over the age of 18 may contribute User Content or other information on or through the Site. By contributing User Content or other content on or through the Site, you affirm that you are over 18 years old. SimplyWishes will promptly delete User Content or other content associated with any account if SimplyWishes obtains actual knowledge that such Account is associated with a registered user who is not at least 18 years old.
10. Unsolicited Ideas.
SimplyWishes does not accept or consider, directly or through any SimplyWishes employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send SimplyWishes or any of its employees any unsolicited ideas, suggestions, material, images or other work in any form (“Unsolicited Ideas”). If you send SimplyWishes Unsolicited Ideas, you understand and agree that: (1) SimplyWishes has no obligation to review any Unsolicited Ideas, nor to keep any Unsolicited Ideas confidential; and (2) SimplyWishes will own, and may use and redistribute, Unsolicited Ideas for any purpose without restriction and free of any obligation to acknowledge or compensate you.
11. Websites of Others.
The Site contains links to websites maintained by other parties or you may be able to gain access to the Site through the websites of third parties. These links are provided solely as a convenience to you. SimplyWishes does not endorse or have an opinion about the contents on such websites. SimplyWishes expressly disclaims any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. SimplyWishes is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource.
12. Copyright and Trademarks.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire contents of the Site are protected by copyright, trademark and other intellectual property laws of the United States. SimplyWishes owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of SimplyWishes or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. SimplyWishes does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
SimplyWishes owns trademarks, registered and unregistered, in many countries and “SIMPLYWISHES,” the SimplyWishes logos and variations thereof found on the Site are trademarks owned by SimplyWishes, Inc. or its related entities and all use of these marks inures to the benefit of SimplyWishes.
Other marks on the site not owned by SimplyWishes may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of SimplyWishes unless otherwise stated, or may be the property of their respective owners. You may not use SimplyWishes’s name, logos, trademarks or brands without SimplyWishes’s express permission; except for your personal use and for the sole purpose of posting on social media sites, in news articles, websites, and blogs, and other similar uses.
13. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
In accordance with the Digital Millennium Copyright Act and other applicable law, SimplyWishes has adopted a policy of terminating, in appropriate circumstances and in SimplyWishes’s sole discretion, the Accounts of Users who are deemed to be repeat infringers of the intellectual property rights of others. SimplyWishes may also in its sole discretion limit access to the Site and/or terminate the Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that any material made available via the Site infringes upon any copyright which you own or control, or that any link made available via the Site directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent. Address: 80 Las Colinas Lane, San Jose, CA 95119; Phone: +1 (408) 513-3800; Fax: +1 (408) 513-3850; e-mail: firstname.lastname@example.org. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
14. Disclaimer of Warranty.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF SIMPLYWISHES, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (i) THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION, WISHES, OFFERINGS, PRODUCTS, OR SERVICES, (ii) DESCRIPTIONS OF WISHES, OFFERINGS, PRODUCTS, OR SERVICES, OR (iii) THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE. WISHES, OFFERINGS, PRODUCTS, SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, SIMPLYWISHES HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE WISHES, OFFERINGS, PRODUCTS, OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
15. Limitation of Liability
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE SIMPLYWISHES FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF AN USER, ANY ACTION OR INACTION BY ANOTHER USER, INCLUDING BUT NOT LIMITED TO ANY HARM CAUSED TO YOU BY ACTION OR INACTION OF A USER, OR A USER’S FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO FULFILL A WISH, WHETHER ONLINE OR OFFLINE.