Wishly - Terms of Service

  • 1. Introduction. These Standard Terms and Conditions (these "Terms" or these "Standard Terms and Conditions") contained herein on this webpage and on the Refund Policy page and the Community and Content Guidelines page, shall govern your use of this website (Wishly) and associated apps, including all pages within this website and all pages within any app produced by Cassie Grey, LLC. (collectively referred to herein below as this “Service”). These Terms apply in full force and effect to your use of this Service and by using this Service, you expressly accept all terms and conditions contained herein in full. You must not use this Service, if you have any objection to any of these Service Standard Terms and Conditions. This service is only to be used by eligible users, the criteria as defined in Section 2. By using the Service, you agree to share your legal name with the Service for legal purposes on any payment methods you use to transact on the Service. Failure to comply with these Terms and Conditions will result in revocation of your right to delete your account fromWishly so as to prevent additional accounts from being created.
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  • 2. Eligibility. When you create an account you must provideWishly with accurate information, in good faith, and you agree to keep your information updated if it changes. By registering an account with Wishly, you represent and warrant that you are at least 13 years of age, and, if you are under 18, that you have a parent or legal guardian's consent to these Standard Terms and Conditions or are eligible to form a binding contract with Wishly. If you are under age 13, you may not, under any circumstances or for any reason, access or use the Services.You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised. Individuals under the age of 13 are expressly prohibited from using Wishly. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
    In plain English: To use the site, you must be at least 13 years old, with your parent or legal guardian’s consent if under the age of 18. Anyone that is found to not qualify under these rules will be subject to account suspension.
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  • 3. Intellectual Property Rights. Other than user-generated content (see clause 4), under these Terms, Wishly(“Wishly”) and Cassie Grey, LLC and/or its licensors own all rights to the intellectual property and material contained in this Service, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Service.
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  • 4. Your Content. “User Content” shall mean any text, images or other material you choose to display on this Service. With respect to User Content, by displaying it, you grant Wishlya non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
    In plain English: You have ownership of your profile and background photos, but you give Wishly the permission to use them on the platform.
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  • 5. Acceptable Use. Wishly requires that all users respect and comply with the Terms below, at all times, when using this Service. Additional details on Acceptable Use are available within our Community and Content Guidelines page.
       
    • 5.1 Certain areas of this Service are restricted from access by you and Wishly may further restrict access by you to any areas of this Service, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Service are confidential and you must maintain confidentiality of such information. You may not: (1) useWishly other than for your own lawful and personal use in accordance with these Terms; (2) impersonate Wishly, a Wishly employee, another user, or any other person or entity or falsely state, suggest or otherwise misrepresent any affiliation, endorsement, sponsorship between you andWishly and/or any other person or entity; (3) falsify account registration information, or make unauthorized use of another's information or content; (4) use Wishlyin any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity; (5) copy, reproduce, distribute, sell, commercialize, sublicense, modify, or create derivative works from, any portion of this Service or any content on this Service without Wishly’s express written permission; (6) use Wishly for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (7) publish any Service material in any media; (8) publicly perform and/or show any Service material; (9) use this Service to engage in any advertising or marketing; (10) use this Service in any way that is, or may be, damaging to this Service, including abusing software exploits or hacking; (11) engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Service, or while using this Service or (12) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by Wishly, may harm Wishly or users of the Service or expose them to liability.
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    • 5.2 You shall not create, upload, post, display, publish or distribute User Content that: (1) is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way which incites violence or violates any of the aforementioned prohibitions; (2) violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right; (3) promotes or advertises firearms or other weapons, drugs, or drug paraphernalia; (4) promotes any illegal activity, or advocates, promotes, or assists any unlawful act; (5) involves 3rd party commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; (6) gives the impression that it emanates from or is endorsed by Wishly or any other person or entity, if this is not the case; (7) solicits other users for any paid services or content that can be perceived as spam.
         
      • 5.2.1 Harassment: We take user safety very seriously onWishly, and we will immediately deactivate all accounts that are found to engage in harassment or abusive behavior on Wishly, such as sending unsolicited nude pictures, threatening a user, doxxing, or any behavior that attempts to physically harm another user on the platform in any way.
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    • 5.3 You shall not use any automated program, tool or process (including without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Service or any server, network or system associated with Wishly, or to extract, collect, harvest or gather content or information from Wishly.
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    • 5.4 You shall not make any other use of this Service that violates these Terms or any applicable law.
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  • 6. Payment. When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards. Wishly uses the 3rd party payment platforms Spreedly and Rye and by using this Service and agreeing to Wishly's Terms of Service, you also agree to be bound by Spreedly's and Rye's Terms of Service. You expressly understand and agree thatWishly shall not be liable for any payments and monetary transactions that occur through your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Spreedly and Rye. You agree thatWishly shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Rye. You are responsible for all transactions (one-time and refunds) processed through the Service and/or Spreedly and Rye. Wishly is not liable for loss or damage from errant or invalid transactions processed with Spreedly and/or Rye. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed. You must not process stolen credit cards, or unauthorized credit cards through Spreedly, Rye and/or your Wishly account.
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  • 6.1 Users who initiate chargeback disputes will be permanently suspended and no-listed from the platform. In addition, creators whose fans have initiated many chargebacks and whose chargeback rates are unusually high may be subject to investigation, andWishly reserves the right to suspend creators' accounts in case of an unreasonable chargeback rate of their gifters.
  • 7. Disclaimer; Limitations of Liability. By using this Service, you acknowledge and agree as follows:  
       
    • 7.1 YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,Wishly AND CASSIE GREY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SERVICE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, OR NON-INFRINGEMENT. Wishly ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN THIS SERVICE, CONTENT ON THIS SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THIS SERVICE, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OFWishly’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SERVICE BY ANY THIRD PARTY, AND/OR (6) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THIS SERVICE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OF, OR INFORMATION PROVIDED BY (INCLUDING CONTENT), OUR USERS OR OTHER THIRD PARTIES.
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    • 7.2 IN NO EVENT SHALL Wishly, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN THIS SERVICE, CONTENT ON THIS SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OFWishly’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SERVICE BY ANY THIRD PARTY, AND/OR (6) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE THIS SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THESE TERMS AND/OR THIS SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO US HEREUNDER IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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  • 8. Indemnification. You hereby agree to indemnify to the fullest extent Wishly from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to any of the following: (1) your use of this Service or any of its features; (2) User Content created, published, or otherwise made available on Wishly by you; (3) any transaction or interaction between you and any other user ofWishly; and/or (4) your breach of any of the provisions of these Terms.
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  • 9. Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
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  • 10. Variation of Terms. Wishly is permitted to revise these Terms at any time as it sees fit, and by using this Service you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Service.
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  • 11. No Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
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  • 12. Assignment. Wishly shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
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  • 13. Entire Agreement. These Terms, including any legal notices and disclaimers contained on this Service, constitute the entire agreement between Wishly and you in relation to your use of this Service, and supersede all prior agreements and understandings with respect to the same.
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  • 14. Governing Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.