This Agreement sets out the legally binding terms for your use of the Service and your Membership of Website.
Please choose carefully the information you post on Wishbomb and that you provide to other Members. Any photographs or videos posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate or offensive material, products or services and Wishbomb assumes no responsibility nor liability of any nature for this material.
Wishbomb reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Service at any time, for any or no reason, with or without prior notice, and without liability.
By participating in any offline Wishbomb event, you agree to release and hold Wishbomb (including any of its advisers, providers, employees, affiliates, successor entities, agents, partners or officers) harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Wishbomb event.
Membership in the Service where void is prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that your use of the Website and the Service shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are in breach (actual or potential) of any such laws or regulations. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content (as defined below) published or displayed through your account, including any email messages, and for your interactions with other Members.
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time. Wishbomb may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your membership application or other email address as you may subsequently provide to Wishbomb. By using the Service and by becoming a Member, you acknowledge that Wishbomb reserves the right to charge for the Service and has the right to terminate a Member's membership if a Member should breach this Agreement or fail to pay for the Service, as required by this Agreement.
3) Non Commercial Use by Members.
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Wishbomb. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Wishbomb for any illegal or unauthorized use of the Website.
4) Proprietary Rights in Content on Wishbomb.
Wishbomb owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of Wishbomb and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5) Content Posted on the Site.
a. You understand and agree that Wishbomb may review and delete any content, messages, Wishbomb Messenger messages, photos, videos or profiles (collectively, "Content") that in the sole judgment of Wishbomb violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Wishbomb cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Wishbomb reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Wishbomb deems appropriate in its sole discretion.
g. You may not cover or obscure the banner advertisements on your personal profile page, or any Wishbomb page via HTML/CSS or any other means.
h. Any automated use of the system, such as using scripts to add friends, is prohibited.
i. You may not attempt to impersonate another user or person who is not a member of Wishbomb.
j. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
k. You may not sell or otherwise transfer your profile.
6) Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Wishbomb to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Wishbomb by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide Wishbomb with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
7) Reviews, Comments, Communications and Other Content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
If you do post content or submit material, and unless we indicate otherwise, you
(a) grant Wishbomb, its affiliates and any successor entities a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) grant Wishbomb, its affiliates, any successor entities and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Wishbomb, including the execution of deeds and documents, at the request of Wishbomb.
You represent and warrant on a continuing basis that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to the Website: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Wishbomb policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Wishbomb, its affiliates and/or any successor entities for all claims brought by a third party against Wishbomb, its affiliates and/or any successor entities arising out of or in connection with a breach of any of these warranties.
Books Section: Amazon disclaimer
8) Member Disputes.
You are solely responsible for your interactions with other Members. Wishbomb reserves the right, but has no obligation, to monitor disputes between you and other Members.
Wishbomb is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with any Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Wishbomb is not responsible for the conduct, whether online or offline, of any user of the Service or Member of the Website. Wishbomb assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Wishbomb is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at the Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall Wishbomb be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS IS" and Wishbomb expressly disclaims any warranty of fitness for a particular purpose or non-infringement of any rights or of any other nature and by using the Website and the Service you expressly acknowledge that you do so at your own risk. Wishbomb cannot guarantee and does not promise any specific results from use of the Website and/or the Service. The Website may contain materials produced by third parties or links to other websites and Wishbomb accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to the Website). The foregoing disclaimer shall also extend and apply to any advisers, providers, employees, affiliates, successor entities, officers, agents or partners of Wishbomb.
10) Limitation on Liability.
IN NO EVENT SHALL WISHBOMB OR ANY OF ITS ADVISERS, PROVIDERS, EMPLOYEES, AFFILIATES, SUCCESSOR ENTITIES, PARTNERS, AGENTS OR OFFICERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE, EVEN IF WISHBOMB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF WISHBOMB OR ANY OF ITS ADVISERS, PROVIDERS, EMPLOYEES, AFFILIATES, SUCCESSOR ENTITIES, PARTNERS, AGENTS OR OFFICERS TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WISHBOMB FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the area in which we are based without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the area in which we are based.
12) Defamation Claims
Because the Website contains thousands of products, articles and classified adverts and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Wishbomb operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately. Wishbomb will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
13) Intellectual Property Claims
You agree to fully indemnify, defend and hold Wishbomb, its affiliates, any successor entities, officers, agents, advisers, providers and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Website and/or the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Wishbomb regarding the use of the Website and/or the Service. The failure of Wishbomb to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The provisions of this Agreement are severable, and should any provision hereof be void, voidable or unenforceable under any applicable law, such void, voidable or unenforceable provision shall not affect or invalidate any other provisions of this Agreement. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. Wishbomb is a trademark of Wishbomb Ltd.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.