By using the WishThis website, you signify your assent to all of these terms and conditions (the "Terms and Conditions"). If you do not agree to all of the Terms and Conditions, do not use this website! All provisions of the Terms and Conditions survive in perpetuity until revised or revoked by WishThis.
WishThis may update these Terms and Conditions at any time. Your continued usage of the Site, or any WishThis service will mean you accept such changes. If you disagree with the changes to the Terms and Conditions, you may cancel your registration with WishThis at anytime by sending us an email to firstname.lastname@example.org. We encourage you to review the Terms and Conditions on a regular basis.
Gifts obtained or partially obtained through WishThis can NOT be exchanged for cash or cash equivalents. If you have obtained a partial contribution towards one gift it is, however, possible to transfer this contribution towards another gift on your list.
WishThis establishes a goal price (the "Goal Price") for items on your WishThis as an indicator of the total contribution, including postage and handling in the lower 48 US states, required to acquire the gift. Since suppliers can change the price and availability of items at any time, WishThis reserves the right with no exception to change this indicative goal price or modify the availability of any item at any time, up to and including the time when WishThis complete its purchase. WishThis reserves the right to remove or discontinue items at any time and transfer any contributions made towards that item, at its discretion, to other items on your list or towards tems.
WishThis purchases gifts from your list on your behalf. In using WishThis you acknowledge that any issues or disputes relating to the suitability, condition, defectiveness, refund or exchange of any item obtained through WishThis are between you and the eventual retailer or supplier of the product.
WishThis uses third parties such as PayPal to process gift contribution payments. WishThis will only acknowledge payment and notify gift recipients once we have confirmed receipt of your payment from these third parties into our own account. WishThis cannot be held responsible for delays in payment clearance or failed authorization.
By making a gift contribution using WishThis you take full responsibility for ensuring that the user you are gifting is the person that you believe them to be. You also acknowledge that users may use transfer your contribution towards gifts other than the one you originally indicated. Once a gift contribution has been received it cannot be refunded under any circumstances.
During registration, you will establish your credentials (the "Credentials") for Service by providing an email address and password, or linking your WishThis profile to Facebook.
In order to help your friends contribute towards gifts you might like, we will ask for certain personal information from you including, but not limited to, your email address, birthday and contact details (your "Profile"). Notwithstanding anything in these Terms and Conditions to the contrary, WishThis does not assume any responsibility or liability for any part of your Profile or for the disclosure, whether deliberate or accidental, of any information contained therein.
Finally, you agree that deidentified information collected by WishThis may be used to better understand buying and demand patterns. By registering with WishThis, you are agreeing to receive information about other items and offers that may be interested in.
We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms and Conditions.
We reserve the right to deactivate your registration without notice if there has been a violation of policies posted on the Site or these Terms and Conditions by you or someone else using your Credentials, or in the event that your user account has not been accessed for 12 months. If your account is deactivated WishThis will no longer send event reminders to friends, post updates to your Facebook feed or accept incoming gift contributions. If your account has been deactivated for inactivity, you may activate your account at any time by simply logging in again. You may voluntarily deactivate your WishThis account by writing to service@WishThis.com. Any contributions made towards items in a deactivated account will expire 12 months following the date of deactivation.
You are responsible for use of the Site and Services and for taking reasonable steps to ensure no unauthorized person can access your Credentials. It is your responsibility to notify WishThis at service@WishThis.com if your password has been stolen.
You may use the Site and Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could impair our Site or Services and you may not attempt to gain unauthorized access to any information on the Site or support networks.
The Site may include links to other websites. WishThis does not endorse any third-party site. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
Certain Services on the Site may have additional terms or we may provide special offers including, but not limited to market research, discounts, or other contests. If you choose to register for any such Service or special offer, you will be presented with any additional relevant terms and conditions at that time. By using those Services, you agree to comply with such additional terms and conditions.
The Site and Services are provided for visitors and registrants to WishThis. All of the Site content ("Content") is owned by us, our partners, and/or our licensors, and is protected by copyrights, trademarks, patents, trade secret laws, and other intellectual property and proprietary rights. Site copyright 2010 , WishThis LLC.
The Site and Services, including the information provided on the Site, are designed for and intended for users in the United States. WishThis makes no claims that the Content, Site, or Services are appropriate to be downloaded outside of the United States. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
Goal prices displayed on the WishThis site are indicative for the 48 US states only. Residents of Hawaii, Alaska and others requiring delivery of gifts to non-United States addresses may be required to pay additional shipping charges before gifts can be sent. Not all items are suitable for long distance shipping. In the event that an item is unavailable for shipping to your location, you will have the opportunity to transfer your contributions towards another item that is suitable.
WE PROVIDE THE SITE AND THE SERVICES "AS IS". YOU EXPRESSLY AGREE THAT USE OF WISHTHIS' SERVICE IS AT YOUR OWN RISK. WISHTHIS, ITS SUPPLIERS, AND ITS LICENSORS MAKE NO EXPRESS OR IMPLIED WARRANTEES ABOUT THE SERVICES OR THE ITEMS IT LISTS. WE DO NOT GUARANTEE THAT WISHTHIS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION GIVEN BY THE SITE OR A WISHTHIS REPRESENTATIVE SHALL CONSTITUTE A WARRANTY.
IF YOU ARE DISSATISFIED WITH THE WISHTHIS SERVICE FOR ANY REASON, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU HAVE THE OPTION TO DEACTIVATE YOUR REGISTRATION IN WISHTHIS AT ANYTIME BY SENDING US AN EMAIL TO email@example.com.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS WISHTHIS, ITS EMPLOYEES, AGENTS, PARTNERS, AND SUPPLIERS AGAINST ANY CLAIMS, DEMANDS, AND LIABILITIES WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY PROVISION OR OMISSION OF THE SITE, ITS CONTENTS, ITS SERVICES OR YOUR USE OF THE SITE, CONTENT, OR SERVICES. IN NO EVENT SHALL WISHTHIS OR ANY OF ITS AFFILIATES OR LICENSORS BE SUBJECT TO CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, INCOME, OR OPPORTUNITIES OF ANY USER OF THE SITE OR THE SERVICES.
Your use of this Site and/or registering for Services constitutes your consent to methods of electronic communication and WishThis' access to the Profile you provided and as you have updated. WishThis will communicate with you through the Site, by sending you email, or by posting information to your Facebook feed. In order to access the Site, Content, and Services, you must have a computer connected to a communications source; Java script; full implementation of cascading style sheets; and a more recent version of one of the following Internet browsers: Internet Explorer, Firefox, Opera or Safari.
These Terms and Conditions and all other legal notices, supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and WishThis and supersede all previous written or oral agreements.
We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to any one else.
These Terms and Conditions, and your use of the Site and/or the Services, and any dispute arising therefrom shall be governed by the laws of the state of Delaware, United States, without reference to its conflicts of law rules. Any action shall be subject to the exclusive jurisdiction of the State and Federal courts located in Delaware, and you irrevocably waive objection to the jurisdiction of such courts.
We respect the intellectual property of others. If you believe the Content on this Site in anyway constitutes a copyright infringement, please notify us in writing:
Attn: General Counsel
1357 Broadway #141
New York, NY 10018
These terms and conditions were last updated on May 14, 2010.