Terms of Use
Version 3/2/2012
  1. ACCEPTANCE OF TERMS
    Welcome to Wishes4life! The place to express and realize dreams. We hope that you enjoy the value of exploring, sharing and expressing wishes here at Wishes4life (referred to hereafter as “the Site”) subject to the following Terms of Use (“TERMS OF USE”). By using the Site in any way, you are agreeing to comply with the TERMS OF USE. In addition, when using particular Wishes4life Sites, you agree to abide by any applicable posted guidelines for all Wishes4life services, which may change from time to time. Should you object to any term or condition of the TERMS OF USE, any guidelines, or any subsequent modifications thereto or become dissatisfied with Wishes4life in any way, your only recourse is to immediately discontinue use of Wishes4life. Wishes4life has the right, but is not obligated, to strictly enforce the TERMS OF USE through self-help, community moderation, active investigation, litigation and prosecution.
  2. MODIFICATIONS TO THIS AGREEMENT
    We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TERMS OF USE at: http://www.wishes4life.com/TermsOfUse.aspx
  3. CONTENT
    You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Site. You understand that Wishes4life does not control, and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Wishes4life site and Content available through the Site may contain links to other websites, which are completely independent of Wishes4life. Wishes4life makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Wishes4life be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site. You acknowledge that Wishes4life does not pre-screen or approve Content, but that Wishes4life shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of the TERMS OF USE or for any other reason.
  4. THIRD PARTY CONTENT, SITES, AND SERVICES
    The Wishes4life site and Content available through the Site may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Wishes4life, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Wishes4life shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Wishes4life is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Wishes4life, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.”
  5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
    If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Wishes4life’s claim department for notice of claims of copyright or other intellectual property infringement (“Claims”), at abuse@Wishes4life.com or: Claims Dept., Wishes4life 23312 Madero, Ste. F, Mission Viejo, CA 92691. Please provide our Claims Dept. with the following Notice: a) Identify the material on the Wishes4life site that you claim is infringing, with enough detail so that we may locate it on the website; b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature. Wishes4life will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
  6. PRIVACY AND INFORMATION DISCLOSURE
    Wishes4life has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: http://www.wishes4life.com/PrivacyPolicy.aspx. Your use of the Wishes4life website or any Service offered through the site signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that Wishes4life may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, time stamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TERMS OF USE; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; (v) protect the rights, property, or personal safety of Wishes4life, its users or the general public.
  7. THE “ABCS” of CONDUCT
    You agree not to post any wishes, content within wish detail, comments/replies, email, that in any way constitutes a criminal act or criminal conduct, or otherwise make available Content:
    • a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors, adults, third parties, organizations or other entities, be it private, public or governmental, in any way;
    • b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (I) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
    • c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
    • e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
    • f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
    • g) that impersonates any person or entity, including, but not limited to, a Wishes4life employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
    • h) that includes personal or identifying information about another person without that person’s explicit consent;
    • i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
    • j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
    • k) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
    • l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Wishes4life sites which are not designated for such purposes; or emailed to Wishes4life users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
    • m) that includes links to commercial services or web sites, except as allowed in “services”;
    • n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.
    • o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Site, or that otherwise negatively affects other users’ ability to use the Site; or
    • q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site. Additionally, you agree not to:
    • r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
    • s) “stalk” or otherwise harass anyone;
    • t) collect personal data about other users for commercial or unlawful purposes;
    • u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site – unless expressly permitted by Wishes4life;
    • v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
    • w) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
    • x) attempt to gain unauthorized access to Wishes4life’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or the Wishes4life website; or
    • y) use any form of automated device or computer program that enables the submission of postings on Wishes4life without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
    • z) use any form of automated device or computer program (“flagging tool”) that enables the use of Wishes4life’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TERMS OF USE;
  8. NO SPAM POLICY
    You understand and agree that sending unsolicited email advertisements to Wishes4life email addresses or through Wishes4life computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Wishes4life computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
  9. LIMITATIONS ON SERVICE
    You acknowledge that Wishes4life may establish limits concerning use of the Site, including the maximum number of days that Content will be retained by the Site, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Site, and the frequency with which you may access the Site. You agree that Wishes4life has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site. You acknowledge that Wishes4life reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that Wishes4life shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
  10. ACCESS TO THE SITE
    Wishes4life grants you a limited, revocable, nonexclusive license to access the Site for your own personal use. This license does not include: (a) access to the Site by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Wishes4life. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services. Wishes4life permits you to display on your website, or create a hyperlink on your website to, individual postings on the Site so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds twenty (20) postings per day, your use will be presumed to be in violation of the TERMS OF USE, absent express permission granted by Wishes4life to do so. You may also create a hyperlink to the home page of Wishes4life sites so long as the link does not portray Wishes4life, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Wishes4life offers various parts of the Site in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Wishes4life permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Site and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ‘Wishes4life’ as the source, (d) your use or display does not suggest that Wishes4life promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Wishes4life’s systems. Wishes4life reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Site beyond the scope of authorized access granted to you by Wishes4life immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Site or any Content made available via the Site for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Wishes4life.
  11. TERMINATION OF SERVICE
    You agree that Wishes4life, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Wishes4life believes that you have acted inconsistently with the letter or spirit of the TERMS OF USE. Further, you agree that Wishes4life shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the TERMS OF USE.
  12. PROPRIETARY RIGHTS
    The Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Wishes4life. You further agree not to reproduce, duplicate or copy Content from the Site without the express written consent of Wishes4life, and agree to abide by any and all copyright notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site. Wishes4life is a registered mark in the U.S. Patent and Trademark Office. Although Wishes4life does not claim ownership of content that its users post, by posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Wishes4life an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Site, you automatically grant Wishes4life all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Site by any party for any purpose.
  13. DISCLAIMER OF WARRANTIES
    YOU AGREE THAT USE OF THE Wishes4life SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Wishes4life SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Wishes4life DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Wishes4life SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Wishes4life DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Wishes4life SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Wishes4life SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Wishes4life DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Wishes4life SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
  14. LIMITATIONS OF LIABILITY
    UNDER NO CIRCUMSTANCES SHALL Wishes4life BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Wishes4life HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Wishes4life SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Wishes4life SITE OR THE SERVICE, FROM INABILITY TO USE THE Wishes4life SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Wishes4life SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Wishes4life SITE OR THE SERVICE OR ANY LINKS ON THE Wishes4life SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Wishes4life SITE OR THE SERVICE OR ANY LINKS ON THE Wishes4life SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
  15. INDEMNITY
    You agree to indemnify and hold Wishes4life, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Site, your use of the Site, your violation of the TERMS OF USE, your breach of any of the representations and warranties herein, or your violation of any rights of another.
  16. GENERAL INFORMATION
    The TERMS OF USE constitute the entire agreement between you and Wishes4life and govern your use of the Site, superceding any prior agreements between you and Wishes4life. The TERMS OF USE and the relationship between you and Wishes4life shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Wishes4life agree to submit to the personal and exclusive jurisdiction of the courts located within the appropriate county of the State of California, to be determined by Wishes4life at it’s sole discretion. The failure of Wishes4life to exercise or enforce any right or provision of the TERMS OF USE shall not constitute a waiver of such right or provision. If any provision of the TERMS OF USE is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TERMS OF USE remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TERMS OF USE must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
    Please report any violations of the TERMS OF USE, by flagging the posting(s) for review, or by emailing to: abuse@Wishes4life.com . Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Wishes4life to pursue legal action to enforce these Terms, you will be liable to pay Wishes4life the following amounts as liquidated damages, which you accept as reasonable estimates of Wishes4lifes’ damages for the specified breaches of these Terms: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Wishes4life one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures. b. If Wishes4life establishes limits on the frequency with which you may access the Site, or terminates your access to or use of the Site, you agree to pay Wishes4life one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Wishes4life in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to Wishes4life email addresses or through Wishes4life computer systems, you agree to pay Wishes4life twenty five dollars ($25) for each such email. d. If you post Content in violation of the TERMS OF USE, other than as described above, you agree to pay Wishes4life one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Wishes4life may elect to issue a warning before assessing damages. e. If you are a Posting Agent that uses the Site in violation of the TERMS OF USE, in addition to any liquidated damages under clause (d), you agree to pay Wishes4life one hundred dollars ($100) for each and every Item you post in violation of the TERMS OF USE. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Site (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TERMS OF USE) agrees to pay Wishes4life an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TERMS OF USE. f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Wishes4life’s express written permission, you agree to pay Wishes4life three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay Wishes4life’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Wishes4life retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.




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