We are going to try to make this a simple as we can so anyone can understand what we mean. However, we understand that issues may arise, especially when it comes to privacy. Please don’t hesitate to email us at [email protected] , or use the HELP button on your menu.
Terms & Conditions
This End User License Agreement encompasses the terms of the license we give you to use and enjoy Wishyoo. Please read it carefully so you can better understand our goals, practices and the way you can use Wishyoo accordingly. Wishyoo is offered to you under a license, so you can use Wishyoo on your mobile device and web as long as you follow the terms of this license.
LICENSED APPLICATION END USER LICENSE AGREEMENT
CHECK RESTRICTIONS ON USE: Some countries may have restrictions on the use of the Licensed Application. It is your responsibility to ensure that you are legally allowed to use Wishyoo in the jurisdiction where you are located.
1. Scope of License
This License is a limited, non-exclusive, non-transferable, non-sublicensable license to use the Licensed Application on any mobile device or personal computer that you own or control. You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components of the Licensed Application, if any). In addition, any commercial copying or distribution, publication, or exploitation of the Site, or any content, software, code, data, or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Consent to Use of Data
By using the Licensed Application, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Licensed Application. We may use this information to improve our Service.
3. Changes to this License
Wishyoo may make changes to the terms of this License from time to time. The changes will be effective when published. Please review this License on a regular basis. You understand and agree that your acceptance of the terms of this License or your use of the Service after the date of publication of varied terms shall constitute your agreement to the updated terms. If you do not agree with the amended terms, you may terminate your relationship with Wishyoo in accordance with paragraph 4 below.
4.1 The License is effective until terminated by you or us. You may terminate your relationship with Wishyoo at any time. If you are using our Service, you may simply cease to use the Service or delete our Licensed Application. Wishyoo has the right to terminate your rights under this License without notice if you fail to comply with any terms of this License, or for any other reason at our discretion. Upon termination of the License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
4.2 In addition, Wishyoo has the right to terminate its relationship with you, or may terminate or suspend your use of the Service at any time for any of the following:
4.2.1 if you are in breach of the terms of this License;
4.2.2 if Wishyoo reasonably suspects that you are using the Service to break the law or infringe third party rights;
4.2.3 if Wishyoo reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;
4.2.4 if Wishyoo reasonably suspects that you are using any of our products fraudulently or that your User Account is being used by a third party;
4.2.5 if you have purchased or obtained a ' Wishyoo license' from an unauthorized reseller.
4.2.6 immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory.
4.3 Wishyoo shall effect such termination by preventing your access to the Service, where applicable. We reserve the right, but do not undertake the obligation, to cancel User Accounts that have been inactive for more than one (1) year.
5. The Service
5.1 Once you have downloaded the Licensed Application and become a Wishyoo user, you can create cards or participate on cards created by other users on the Wishyoo app. The Wishyoo App and system allows you to distribute those cards among a group of specific friends or to the general public. You are required to register to participate on cards created by other users. Your participation on these cards is free. The creation of your own cards, however, requires you to pay a one-time fee that will be defined on the distribution partner platforms. That onetime fee will allow you to create cards for the life of the Service.
5.2 The Service allows users to submit text, photos, videos, and other communications (collectively, the 'User Submissions'). These User Submissions may be hosted, shared, and/or published as part of the Service, and may be visible to other users of the Service who have the Wishyoo app installed or access our website as defined previously.
You retain your ownership rights of your User Submissions. You understand that whether or not such User Submissions are published, Wishyoo does not guarantee any privacy or confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. User Submissions do not necessarily represent the views or opinions of Wishyoo, and Wishyoo makes no guarantees as to the validity, accuracy, or legal status of any User Submission. In connection with your User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and authorize Wishyoo to use, all patent, trademark, trade secret, copyright, or other proprietary rights in your User Submissions in the manner contemplated by the Service and this License; and (ii) you have the written consent, release, and/or permission of each identifiable individual person referenced in your User Submission to use their name and likeness in your User Submission. Please note, by submitting the User Submissions to Wishyoo, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Submissions in connection with the Service and Wishyoo’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant every user of the Service a non-exclusive license to access your User Submissions through the Service. You further agree that you will not violate any of the restrictions listed in Prohibited Uses set forth in paragraph 6.2 below. Wishyoo does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. Wishyoo does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and we will remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. To file a copyright infringement notification with us, please follow the instructions in the Wishyoo DMCA Policy document found here [link to DMCA Policy].
Wishyoo Cards. The Service allows users to create, join, and follow Cards created on the Licensed Application.
Public Cards are cards created as such and not as a private card. Public cards might be accessed and joined by any person or groups who have a common interest or affiliation, and want to make public their views, opinions, comments or wishes about the central idea portrayed in a card created as “public.”
Private cards are meant to be used by family and friends, and therefore are not accessible to anyone without an invitation to participate in them.
Please review the Wishyoo Card Content Policy [link to Content Policy] (which is part of these terms) to understand more of what is prohibited on Wishyoo. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service, to suspend or terminate users, and to block participants of any Wishyoo card without liability to you. We also reserve the right to respond to user support requests or reports provided through the Wishyoo App, or protect the rights, property or safety of Wishyoo, its users, and the public.
5.3 In the course of using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
5.4 We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
5.5 Wishyoo may automatically check your version of the Licensed Application. Wishyoo has no obligation to make available any updates. However, Wishyoo may (a) require you to download and install updates; or (b) automatically download and install updates on your device.
5.6 Wishyoo does not consider proposals or ideas, including, without limitation, ideas for new products, technologies, promotions, product names, product feedback, and product improvements ('Feedback') to be confidential information. If you send any Feedback to Wishyoo through the Site, social networks or otherwise, you acknowledge and agree that Wishyoo shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this License limits or restricts Wishyoo's right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.
5.7 You may link to the Site from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement by Wishyoo where none exists. You may not frame the Site on any other website. Wishyoo may revoke the permission to link to the Site at any time at its sole discretion.
6. Your Obligations
6.1 You are responsible for all activities that occur under your User Account. You agree to notify Wishyoo immediately of any unauthorized use of your User Account or any breach of security with respect to your User Account. Wishyoo will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. Therefore, we recommend that you choose a password that is hard to guess and consists of letters, numbers, and symbols. Wishyoo takes no responsibility for your failure to comply with the obligations in this paragraph.
If you wish to close your User Account, you must send a written request to [email protected].
6.2 You agree not to do the following on or through the Wishyoo Service:
7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, INCLUDING THE SITE AND LICENSED APPLICATION, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED 'AS IS' AND 'AS AVAILABLE,' WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. End Users and Export Control. You will not use or export the Licensed Application or any product or service offered on the Site or through the Service, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
10. Charges for Wishyoo service.
10.1 The charges for any Wishyoo feature or product will require your confirmation before you complete the purchase from our System. Wishyoo may change the prices of such products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable product. The new prices will apply to your next purchase after the new prices have been published.
10.2 From time to time, Wishyoo may offer products or features available at no charge for a trial period. However, Wishyoo reserves the right to charge you for such products (at the normal rate) in the event that Wishyoo determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices, or anonymous IP address that prevents us from locating you.
10.3 Wishyoo may collect VAT or other indirect taxes at the appropriate rate for the particular territory (as per applicable tax rules) at the time of purchase
10.4 Requests for refunds or cancellations must be made in writing to [email protected]. Wishyoo reserves the right to refuse or accept any request at its sole discretion. Wishyoo’s decisions are final.
11. Links to third Party sites
Wishyoo may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, marketing, advertising, products, services or other materials (collectively, 'Third Party Materials') on or available from such sites or resources.
You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Wishyoo has no control and which will govern your rights and obligations with respect to the use of those such third party's product, services or Websites.
12. Wishyoo's Ownership Rights. The Service, including the Site and Licensed Application (including any content or information contained therein) and all copies thereof are protected by copyright and other intellectual property laws and treaties. Wishyoo or its licensors own the title, copyright, and other intellectual property rights in the Site, Licensed Application and Service and all copies, modifications and derivative works thereof, and the underlying software (including any user Feedback) ('Wishyoo Technology'), and your use of our Service does not grant to you, nor do you acquire any ownership rights in the Wishyoo Technology.
14. Jurisdiction. The Service is controlled and operated by Wishyoo from the United States, and is not intended to subject Wishyoo to the laws or jurisdiction of any territory other than that of the United States, state of California, and County of San Francisco. Wishyoo does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion.
By using the Services you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, 'Disputes') will be settled by binding arbitration between you and Wishyoo, except the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Wishyoo are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Wishyoo otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
ARBITRATION RULES AND GOVERNING LAW
The arbitration will be administered by the American Arbitration Association ('AAA') in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the 'AAA Rules') then in effect, except as modified by this 'Dispute Resolution' section. Any controversy shall be arbitrated in San Francisco, California (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
You agree that any claim or cause of action arising out of your use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose (two (2) years for residents of Texas) or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by Wishyoo to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
15. Indemnity. You will indemnify, defend, and hold harmless Wishyoo from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to any breach by you of this license.
16. Acceptance of License. You affirm that you have the ability to enter into this License. If you are under the age of consent in your jurisdiction to form a binding agreement (and you are more than 13 years of age), you affirm that you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this License, and to abide by and comply with this License. The Service is not intended for children under the age of 13.
17. General. This License is the entire agreement between you and Wishyoo relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this License. If any provision of this License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This License may not be modified or amended except as described herein by Wishyoo or otherwise with the written agreement of Wishyoo.
19. These Terms of Service do not and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Wishyoo.
Wishyoo may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without Wishyoo's express prior written consent. These Terms of Service will inure to the benefit of Wishyoo's successors, assigns and licensees.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
This is the entire agreement between you and Wishyoo relating to the subject matter herein and may not be modified by you.
Software related to or made available by the Service may be subject to export controls of the U.S.A. No software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology, or services (which, as of the effective date of these Terms of Service, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls.
Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20. Information or complaints. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an email to [email protected]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. Modification of these terms of service. Wishyoo reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Service. You can determine when these Terms of Service were last revised by referring to the 'Last Updated' legend at the top of this page. By continuing to use the Service following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Service.
WISHYOO DMCA POLICY
If you feel that something you posted and is protected under Copyright Law is being infringed on our website or through our services, you are welcome to notify us in the manner set out in our Digital Millennium Copyright Act (DMCA) Policy. This way we will be able to promptly look into the matter and handle it accordingly.
Wishyoo has adopted the following procedures to respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act. The address of our designated agent to receive notification of infringement ('Designated Agent') is listed at the end of this policy.
It is Wishyoo's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users; and (2) remove and discontinue service to repeat offenders.
A. How to Report Copyright Infringement:
If you believe that material or content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
Contact information about the copyright owner including address, telephone number, and if available, e-mail address. If you are not the owner of the copyright that has been allegedly infringed, please describe your relationship to the copyright owner;
A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Upon Notification to the Designated Agent:
It is our policy:
C. Counter-Notice By Content Provider:
If the user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member, or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 14 business days or more after receipt of the counter-notice, solely at our discretion.
Please contact our Designated Agent at the following address:
DMCA Complaints email Address: [email protected]
You hereby acknowledge that if you fail to comply with the requirements set forth above, your DMCA notice may not be valid.
WISHYOO CONTENT CREATION GUIDELINES
If you choose to create any content in the Wishyoo App, these terms and conditions (“Terms”) will govern your use of Wishyoo Cards which is offered to you as part of Wishyoo’s overall Service. These Terms will apply to you whether you are a creator or a participant on a Wishyoo Card.
THESE TERMS MAY BE MODIFIED BY US AT OUR SOLE DISCRETION FROM TIME TO TIME. IF WE DO SO, THE UPDATED TERMS WILL BE EFFECTIVE IMMEDIATELY AND CURRENT TERMS WILL BE AVAILABLE THROUGH A LINK ON WISHYOO.COM.
1. Wishyoo Cards.
1.1 The Wishyoo Card feature enables Wishyoo users to share content, engage in conversations, and create “Wishyoo Cards” accessible by other Wishyoo App users who may have a common interest or affiliation (each a “dedication or signature”, all are a “Wishyoo Card”), and provides the ability to digitally participate or “follow' a particular Card, and watch all content and/or other information introduced in it.
1.2 Wishyoo system allows you to set up your own Wishyoo Card (i.e., act as an “Administrator” of a Private or Public Card) and add other “Participants.” Public cards are available for any Wishyoo user to follow. When you publish content or information using a Wishyoo Card, it means that you are allowing other Wishyoo users to access and use that information, and to associate it with you (i.e., your name and profile picture, and if you activate your location button on the chat screen, your location). You are responsible for all content, including photographs, images, video and audio content that you transmit, disclose, disseminate or otherwise distribute, or content that you elicit and/or collect and/or store using the Wishyoo system, and you shall not take any unlawful or improper actions with respect to such content in violation of Wishyoo's or any third parties' rights or applicable laws. You agree not to engage in any behavior prohibited under the EULA, these Terms, or in violation of Wishyoo’s Content Policy. You hereby grant to Wishyoo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use your content in any media in connection with a Wishyoo Card.
1.3 Wishyoo shall have the right to terminate any and all Wishyoo cards, at its sole discretion, without notice and for any reason whatsoever.
2. Scope of license.
2.1 Subject to the terms and conditions of the EULA for the Wishyoo App and these Terms, Wishyoo hereby grants to you a limited, non-exclusive, non-transferrable, non-sublicenseable license to use Wishyoo cards feature specifically for purposes described herein (the “License”). Except for the limited License set forth herein, Wishyoo hereby reserves exclusively for itself all rights, titles and interests in and to the Wishyoo App and any and all Wishyoo Proprietary Information (as defined below).
2.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Wishyoo app, the Wishyoo software or any part thereof, unless this is expressly permitted or required by law. You may not assign (or grant a sub-license of) your rights to create Wishyoo cards or any other use of the Wishyoo software, or otherwise transfer any part of your rights to create or participate on Wishyoo cards, except as expressly set forth herein. Using the Wishyoo Service does not grant rights to any patents, copyrights, trade secrets, trademarks, source code, or interest in Wishyoo, its partners, or affiliates. You may not try to derive source code unless authorized. You cannot license, sell, provide, or distribute the Wishyoo software for any prohibited use or to any prohibited end user. The Wishyoo software is a commercial item and is protected by U.S. copyright law and international treaty. Unauthorized distribution will be subject to criminal penalties. This License remains in force for the Term as described below. The License shall, however, be immediately terminated if you do not comply with these Terms.
2.3 You may not remove or alter any trademark, logo, copyright, or any registration symbol thereof or any other proprietary notice in or on Wishyoo software or its components. This License does not grant you any right to use the trademarks, service marks or logos of Wishyoo or its licensors, partners or affiliates except as expressly provided herein.
2.4 Wishyoo may periodically provide updates to the Wishyoo card features. You hereby consent to regularly downloading and allowing installation of updates in order to maximize benefits from the Wishyoo features.
2.5 Wishyoo welcomes and encourages comments regarding the Wishyoo system, including notices on Wishyoo malfunctions, as well as suggestions for supplementary features and functions. Although Wishyoo is by no means obliged to answer or take action based on customer comments and suggestions, you may provide Wishyoo a basis for implementing them in the Wishyoo features and in other products and services granted by Wishyoo and its co-brands and affiliates.
3. Administrator's Obligations.
When you create a Wishyoo card you act as its sole Administrator. As such you will be the initiator of a Public or Private Card, and you have the right and ability to add or remove Participants to or from the Card you have initiated, as well as to delete content posted by any of the Participants. Any user can participate in a Public Wishyoo Card, but only invited participants shall be added by the Administrator to a private card. However, the administrator can choose to share the invitation by means of other invited users to a particular card. The Administrator shall ensure the content used in any Wishyoo Card meets the Wishyoo Content Policy and is not in violation of any applicable laws or regulations. Wishyoo may remove any or all content if it deems that such content is unauthorized or illegal or violates the terms below or any other Wishyoo policies.
4. Participating on a Wishyoo Card.
4.1 You must be at least 13 years old to use the Wishyoo App or to use the Wishyoo Service. As a Participant in or creator of a Wishyoo Card, you will be exposed to content shared by other Participants of that Card. Public Cards cover various topics and all Participants must adhere to the Content Policy and the terms and conditions of the EULA and these Terms. Wishyoo does not control nor take any responsibility for the content posted by Participants in any Wishyoo card or any other part of the Wishyoo system. Nonetheless, if you feel the content that has been posted, shared, or engaged violates our Content Policy, please report such content through Wishyoo support and we will review and address this matter further. Wishyoo may remove any or all content if it deems that such content is unauthorized, illegal, or violates these Terms or the EULA or any other Wishyoo policies. In addition, if you believe the content of any particular user infringes on your copyrights, you may request removal of such content (or access thereto) by contacting us on [email protected] our designated copyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines and procedures.
4.2 You will only use the Wishyoo system for lawful purposes. In this respect, you may not, without limitation (a) intercept or monitor, damage, or modify any card or its content; (b) use any type of spider, virus, worm, trojan-horse, time bomb, or any other codes or instructions that are designed to distort, delete, damage, or disassemble the Wishyoo software or any communication; (c) send any unsolicited communication not permitted by applicable law (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) use Wishyoo cards to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or (f) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights.
4.3 When you choose to participate in a certain Wishyoo Card, you agree and opt-in to receive from Wishyoo notifications related to such Card.
5. Wishyoo Publicity.
5.1 You acknowledge and consent to Wishyoo using the content you provide or post in any Wishyoo Card in any publications or promotions, public relations campaigns, or other means of media advertising for Wishyoo ('Advertisements') at Wishyoo’s sole discretion.
5.2 By using Wishyoo Cards and accepting an invitation to participate as a Participant or Partner in a Card, you authorize Wishyoo to use your brand, logo, image, name, likeness, content and/or any other proprietary elements for the promotion of the Wishyoo system and software. For content that is covered by intellectual property rights or any third party rights, including but not limited to text, images, design, audio, name, likeness, photos and videos (“IP Content”), you specifically grant to Wishyoo a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, modify, and publicize any IP Content that you provide or post on or in connection with the Wishyoo system (“IP License”). Partner warrants and represents it holds all intellectual property rights and any other rights of use to any of the above mentioned information, trademarks, IP Content or any other Partner materials and has the right to authorize such use by Wishyoo as described herein.
5.3 In no event shall Wishyoo have any obligations hereunder to pay for the use of any content, including but not limited to IP Content, or the name or any other information made available on the Wishyoo Cards, to any Participant or Partner.
6. Proprietary Rights.
6.1 Wishyoo owns all right, title, and interest in and to the Wishyoo App, system and all other software, documentation, information, know-how, and materials which Wishyoo may provide to you (whether you are a Creator, Participant or a Partner) hereunder, as well as any and all improvements and modifications thereof, and all copyrights, patents, trade secrets, trademarks, and other intellectual property rights inherent therein or appurtenant thereto (collectively, the “Wishyoo Proprietary Information”).
6.2 Except for the limited licenses granted to you in this Agreement in connection with the Wishyoo Card, nothing in this Agreement shall be deemed to grant, transfer, or convey to you any rights in or to the Wishyoo Proprietary Information. To the extent that you develop or create any modifications, enhancements or improvements to, or derivative works of, the Wishyoo Proprietary Information, you hereby assign, transfer, and convey to Wishyoo all right, title, and interest, if any, which you may have in or to such modifications, enhancements, improvements or derivative works, and all copyrights, trade secrets, patents, trademarks, know-how, and other intellectual property inherent therein or appurtenant thereto.
6.3 When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). Also, should a certain content have already been downloaded to a Participant device, it shall not be removed when you delete IP content.
6.4 We appreciate your feedback and suggestions about the Wishyoo App and website, however you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
7. Term and Termination.
7.1 These Terms will be effective as of the date on which this agreement is entered into by you checking the “ACCEPT” button or upon your installation and use of the Wishyoo software, whichever is earlier (“Effective Date”). The Effective Date will remain effective until terminated by either Wishyoo or you as set out below.
7.2 You may terminate the agreement with immediate effect at any time. Wishyoo may terminate the Wishyoo Card feature as part of the Service, any particular Card, and/or the use of a specific Administrator or Participant on Wishyoo Card, for any or no reason without liability. Upon termination of this Agreement, you shall immediately stop any and all use of the Wishyoo system. Please note that content and information that you have previously shared with others, or posted, and that which others have shared with you, may be maintained in a particular Card in which you have participated.
These Terms are made part of the EULA and collectively make up the entire agreement between you and Wishyoo and supersedes any and all prior agreements. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms shall prevent us from complying with the law. These Terms do not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing Wishyoo or any part of its Service, including but not limited to Wishyoo Cards. You acknowledge that Wishyoo Cards is a feature offered through the Wishyoo Service and that all terms and conditions of the EULA not specifically mentioned in these Terms will apply to your use of Wishyoo Cards, including but not limited to sections 5, 7, 8, 15, 16, 17 and 19 of the EULA.
Wishyoo public Content Policy
The following community ethics will help you understand what type of content and expression is acceptable within Wishyoo cards, and what type of content may be reported for removal. Please be advised that a reported piece of content does not guarantee automatic removal. Wishyoo reserves the right, but does not undertake the obligation to remove content Wishyoo deems to be in violation of its policy. Wishyoo may delete, suppress, or remove any content for any reason, or no reason at all. As a guide for what Wishyoo deems to be in violation of its Content Policy, Wishyoo provides the following examples:
We do not allow overly graphic expressions of violence, in particular where the violence is glorified or encouraged. This includes extreme depictions or descriptions of violence and credible threats of violence to any individual and/or group. We prohibit planning or promoting of violent acts that could directly or indirectly cause physical or mental harm to others.
We encourage vigorous debate and believe in people openly expressing their opinions, no matter how negatively these may be received. However, we do not tolerate anything that crosses over into the bullying or harassment of private individuals and/or groups. We are especially vigilant of these issues and will report any activity that we may encounter and may be defined as bullying under current U.S. federal law.
We defend a person’s right to express unpopular points of view, but we do not allow speech which attacks or demeans a group based on ethnic origin, race, religion, disability, gender, age, or sexual orientation.
Graphic material of any kind that is posted purely for titillating purposes is not permitted. There may be instances where graphic content is permitted in acceptable contexts; for example, a conversation that’s raising awareness about terrorism, or human rights abuses.
Wishyoo does not allow the promotion or encouragement of self-harm, eating disorders, or alcohol and hard drug abuse.
We do not allow the publishing of personal or private information of others without their consent. This includes but is not limited to: telephone numbers; email addresses; home addresses; bank details; financial information; social security numbers; passport or ID information.
We allow a level of nudity within the context of a family-friendly setting (e.g. breastfeeding) and photos of art and sculpture. We do not allow sexually explicit content or pornographic content.
We do not allow content that breaks the law or provides advice on how to break the law. This includes defamation (libel), contempt of court, and breach of copyright.
The Wishyoo application is used as a cross-platform system and on multiple devices. Our use of all registered trademarks of third parties, as well as their logos, is subject to the permissions of each one of the owners of those logos.