Terms of Use

Please read these Terms of Use (“Terms”) thoroughly and carefully. By downloading or using Wishbook (the "Service") (including mobile applications) in any way, including accessing the Wishbook website (owned by Wishbook, Inc.), you agree to be bound by these Terms. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WISHBOOK, INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Restrictions

As much as we hate forcing rules and restrictions, we must do so, in order to keep all of our users safe and provide a fun, convenient service. We take these rules EXTREMELY seriously and have a zero tolerance for anyone disregarding these restrictions.

  • You agree to be responsible for keeping your password secret and secure.
  • Posting images or comments that are considered violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive via the Service are not allowed.
  • You are solely responsible for any activity that occurs through your account, including but not limited to any content such as texts, images, photos, graphics, links and usernames posted or displayed on your account via Wishbook.
  • You may not use the Service for any illegal or unauthorized purpose, including any copyright infringements.
  • You agree to not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
  • You agree to not create accounts with the Service through unauthorized means, including but not limited to the use of an automated device, script, bot, spider, crawler or scraper.
  • Violation of these Terms of Use may, in Wishbook, Inc's sole discretion, result in termination of your Wishbook account. You understand and agree that Wishbook, Inc cannot and will not be responsible for the Content posted on Wishbook (the "Service") and you use the Service at your own risk. If you violate any of these Terms of Use, or otherwise create risk or possible legal exposure for Wishbook, Inc., we can stop providing the Service to you.
  • Wishbook is not associated with any other website or service unless specifically stated on the Wishbook website or Service.
  • We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can terminate your Wishbook account by contacting us at support@wishbookapp.com. Once your access to the Service has been terminated, your data such as photos, comments, likes, friendships, and all other data will no longer be accessible to you, but those materials and data may persist and appear within the Service and will remain in the possession of Wishbook, Inc.
  • Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  • We reserve the right, in our sole discretion, to change these Terms of Use from time to time. We may not always supply notice of any changes, therefore please check these Terms of Use on a regular basis. If at any time you do not agree with these terms, please notify us to terminate your account and you must immediately stop use and access of the Service.
  • We reserve the right to refuse access to the Service to anyone for any reason at any time.
  • We reserve the right to force forfeiture of any username for any reason.
  • We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  • You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Wishbook, Inc. is not responsible or liable for the conduct of any user. Wishbook, Inc. reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
  • You agree to the understanding that Wishbook, Inc. does not have any relations in any way to third-party websites through the links posted by other users. Use caution when accessing third-party websites as Wishbook, Inc. is not responsible for any phishing, sales, or scams conducted by third-party websites. You agree to hold Wishbook, Inc. and any associates of Wishbook, Inc. harmless for any activity conducted between you and the third-party website.
  • You agree that you are responsible for all data charges you incur through use of the Service.
  • We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos.
  • Wishbook, Inc. does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Wishbook, Inc. a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service.
  • The Wishbook name and logo are trademarks of Wishbook, Inc., and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wishbook, Inc.
  • Even though Wishbook, Inc. does its best to keep the service up and running 24/7 for your enjoyment, there will be occasions when the Service may be interrupted for any reason, including but not limited to maintenance, upgrades, bug fixes, failed servers or failed equipment. Also, Wishbook, Inc. reserves the right to remove any Content from the Service for any reason, without prior notice.
  • Wishbook, Inc. will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  • You agree that Wishbook, Inc. is not responsible for, and does not endorse, Content posted within the Service. Wishbook, Inc. does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  • Wishbook, Inc. is an “Open Book” service meaning any content posted on Wishbook is considered public information. Content posted on Wishbook is considered non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content.

    Reporting Copyright and Other IP Violations

  • We respect other people's rights, and expect you to do the same.
  • If you find anyone, including Wishbook, Inc., infringing on anyone’s or entity’s copyrights or intellectual property, please report all the infringement details including your contact information to support@wishbookapp.com.
  • If you repeatedly infringe other people's intellectual property rights, we will terminate your account.

    Disclaimer of Warranties

    THE WISHBOOK SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WISHBOOK, INC. NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "WISHBOOK, INC. PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE WISHBOOK CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO WISHBOOK, INC. OR VIA THE SERVICE. IN ADDITION, THE WISHBOOK, INC. PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. 

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

    BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. 

    THE WISHBOOK, INC. PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

    Limitation of Liability; Waiver

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

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

    BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 

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

    Time Limitation on Claims

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

    Governing Law & Disputes

    These Terms of Use are governed by the laws of the State of California. THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS is hereby excluded in its entirety from these Terms of Use. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Wishbook, Inc. exclusively in a state or federal court located in Irvine, California, and to submit to the personal jurisdiction of the courts located in Orange County for the purpose of litigating all such disputes. All international users agree to be bound by these Terms of Use.

    If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Wishbook Inc.'s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Wishbook, Inc. reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Wishbook, Inc.

    Territorial Restrictions

    The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Wishbook, Inc. to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Wishbook provides. 

    Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) 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. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

    Terms of Use Last Update

    Last updated November 4, 2016.