WISHPOND TECHNOLOGIES LTD. (“WISHPOND”)

SUBSCRIBER AGREEMENT

UPDATED LAST ON September 25, 2020

1. WISHPOND – WHAT DO WE DO?

WE PROVIDE tools That simplify online marketing and empower brands to attract, engage, understand and grow their customer base across mobile, social, and online channels.

2. TERMS AND CONDITIONS

BY USING ANY OF THE SOFTWARE, APPLICATIONS, OR WEBSITES (COLLECTIVELY, “SERVICES”) OFFERED BY WISHPOND, YOU (AS THE ACCOUNT HOLDER) AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE” OR “AGREEMENT”). WISHPOND RESERVES THE RIGHT TO UPDATE AND CHANGE THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE CURRENT SERVICES, INCLUDING THE RELEASE OF NEW TOOLS AND RESOURCES, SHALL BE SUBJECT TO THIS AGREEMENT. CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGE(S) SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME AT https://www.wishpond.com/terms-conditions/

VIOLATION OF ANY OF THE TERMS AND CONDITIONS BELOW WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT. WHILE WISHPOND PROHIBITS CERTAIN CONDUCT WHILE USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT WISHPOND CANNOT BE RESPONSIBLE FOR CONTENT POSTED BY YOU OR OTHER USERS OF THE SERVICES (USER CONTENT). YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK.

These terms should be read in conjunction with the Wishpond Privacy Policy. If you are using Wishpond to process data that is subject to the EU GDPR you must also sign our Data Processing Agreement.

3. FEES AND PAYMENTS

(A) YOUR CREDIT CARD WILL BE CHARGED FOR ACCESS TO THE SERVICES IN ADVANCE ON A RECURRING MONTHLY OR YEARLY BASIS DEPENDING ON WHICH SERVICE YOU HAVE SELECTED. A full refund for the unused months on the annual plan may be issued if a refund has been requested or the account has been canceled within five days of the trial’s expiration date and the number of generated and hosted leads, participants and voters does not exceed 20. A 50% refund and credit towards your account with Wishpond may be issued if the annual plan is canceled or a refund has been requested via email within 2 months of initial purchase and the total number of captured and hosted leads, participants and voters does not exceed 50. This account credit has no expiry date and can be used towards any plan with Wishpond. No refunds will be issued if the annual plan was active for more than two months. This refund policy does not apply to any advertising charges, fully managed services or any special pricing plans or discounts. There are no refunds on fully managed plans and services. There are no refunds on monthly subscriptions.

(B) IF YOU SIGN UP FOR A FREE TRIAL OF A WISHPOND ACCOUNT, AND YOU DO NOT CANCEL THAT ACCOUNT BEFORE THE EXPIRATION OF THE FREE TRIAL PERIOD, YOUR CREDIT CARD WILL BE BILLED STARTING ON THE DAY AFTER YOUR TRIAL PERIOD EXPIRES FOR THE FULL AMOUNT OWING. WISHPOND RESERVES THE RIGHT TO CHARGE YOUR CREDIT CARD FOR AMOUNTS OWING IN LESS THAN THE TOTAL AMOUNT OWING UNTIL THE FULL AMOUNT HAS BEEN CHARGED. IF YOU CANCEL THE SERVICES AS PROVIDED FOR HEREIN PRIOR TO THE PROCESSING OF YOUR FIRST AMOUNT OWING, YOUR CREDIT CARD WILL NOT BE CHARGED.

(C) All charges are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in law or enacted or enforced in the future.

(D) FOR ANY UPGRADE OR DOWNGRADE IN PLAN LEVEL, YOUR CREDIT CARD WILL AUTOMATICALLY BE CHARGED THE NEW RATE ON YOUR NEXT BILLING CYCLE. YOUR PLAN AND ACCESS FEES WILL BE ADJUSTED AUTOMATICALLY BASED UPON DATA THRESHOLDS AS SET FORTH IN THE PLAN PRICING. DOWNGRADING YOUR SERVICES MAY CAUSE YOU TO LOSE ACCESS TO CERTAIN CONTENT OR FEATURES OF YOUR ACCOUNT OR THE SERVICES. WISHPOND DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

(E) PRICES OF ALL SERVICES, INCLUDING BUT NOT LIMITED TO MONTHLY SUBSCRIPTION PLAN FEES FOR SERVICES, ARE SUBJECT TO CHANGE UPON 30 DAYS NOTICE FROM US. SUCH NOTICE MAY BE PROVIDED AT ANY TIME BY POSTING THE CHANGES TO THE WISHPOND WEB SITE (WWW.WISHPOND.COM) OR SUCH OTHER METHOD AS CHOSEN BY WISHPOND AND/OR VIA A SOFTWARE APPLICATION WE OFFER.

(F) WISHPOND SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF ANY OF THE SERVICES. BY UTILIZING THE SERVICES OF THIS AGREEMENT YOU ACCEPT THE TERMS HEREIN AND AGREE TO WAIVE YOUR RIGHT TO FILE A CLAIM FOR LOSSES, DAMAGES, ETC. AGAINST WISHPOND AND ITS AFFILIATES FOR ANY SUCH CHANGES.

(G)Unless otherwise stated, all charges are in U.S. dollars, and all payments must be made in U.S. currency.

(H) If you are a resident of the country of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Wishpond’s products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such tax amounts are in addition to the charges for such Wishpond products and services and will be billed to your provided credit card. If you are exempt from the payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only be applied from and after the date we receive such a certificate.

4. GRANT OF A LIMITED LICENSE TO USE THE SERVICES

SUBJECT TO YOUR AGREEMENT AND CONTINUING COMPLIANCE WITH THIS AGREEMENT AND ANY OTHER RELEVANT WISHPOND POLICIES, SUCH AS THE WISHPOND PRIVACY POLICY (INCORPORATED BY REFERENCE), WISHPOND GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE, NON-SUBLICENSABLE LICENSE RIGHT TO ACCESS AND USE A COMPATIBLE WEB BROWSER (SUCH AS MOZILLA FIREFOX OR MICROSOFT INTERNET EXPLORER) OR MOBILE DEVICES SOLELY FOR THE PURPOSE OF USING THE SERVICES.

YOU ACKNOWLEDGE THAT IN PROVIDING THE SERVICES, WISHPOND USES DOCUMENTS, SOFTWARE AND OTHER WORKS OF AUTHORSHIP, AND OTHER TECHNOLOGY, SOFTWARE, HARDWARE, PRODUCTS, PROCESSES, ALGORITHMS, USER INTERFACES, KNOW-HOW AND OTHER TRADE SECRETS (COLLECTIVELY THE WISHPOND TECHNOLOGY) AND THAT THE WISHPOND TECHNOLOGY IS COVERED BY INTELLECTUAL PROPERTY RIGHTS OWNED OR LICENSED BY WISHPOND. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NO LICENSE OR OTHER RIGHTS IN THE WISHPOND TECHNOLOGY ARE GRANTED TO YOU, AND ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE EXPRESSLY RESERVED. YOU AGREE NOT TO MODIFY, CREATE DERIVATIVE WORKS OF, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE THE SERVICES OR OTHERWISE RECREATE OR GAIN ACCESS TO THE SOURCE CODE OF THE SERVICES.

YOU FURTHER AGREE NOT TO (I) LICENSE, SUBLICENSE, TRANSFER, ASSIGN, DISTRIBUTE, OR OTHERWISE COMMERCIALLY EXPLOIT; OR (II) ACCESS THE SERVICES IN ORDER TO (A) BUILD A COMPETITIVE PRODUCT OR SERVICE, (B) BUILD A PRODUCT USING SIMILAR IDEAS, FEATURES, FUNCTIONS OR GRAPHICS OR (C) COPY ANY IDEAS, FEATURES FUNCTIONS OR GRAPHICS OF THE SERVICES.

5. CANCELLATION AND TERMINATION

(A) YOU ARE SOLELY RESPONSIBLE FOR PROPERLY REQUESTING THE CANCELLATION OF YOUR ACCOUNT. AN EMAIL OR PHONE REQUEST TO CANCEL YOUR ACCOUNT SHALL NOT CONSTITUTE CANCELLATION OF YOUR ACCOUNT OR TERMINATION OF THIS AGREEMENT. CANCELLATION REQUESTS MUST BE MADE THROUGH YOUR ACCOUNT SETTINGS. CANCELLATION REQUESTS WILL ONLY TAKE EFFECT AT THE END OF YOUR CURRENT CONTRACT TERM. IF YOU ARE IN A FIXED-TERM CONTRACT, YOU WILL BE RESPONSIBLE FOR ALL PAYMENTS DUE UNTIL THE END OF THE CONTRACT TERM, AND YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL SUCH TIME.

(B) IF YOU CANCEL THE SERVICES BEFORE THE END OF YOUR CURRENT PAID UP MONTH, YOUR CANCELLATION WILL TAKE EFFECT IMMEDIATELY. HOWEVER, THE WISHPOND APPLICATIONS WILL REMAIN FUNCTIONAL THROUGH THE END OF YOUR CURRENT MONTHLY BILLING PERIOD.

(C) WISHPOND, IN ITS SOLE DISCRETION, HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICES, OR ANY OTHER WISHPOND SERVICES, FOR ANY REASON AT ANY TIME. SUCH TERMINATION OF SERVICES WILL RESULT IN THE DEACTIVATION OR DELETION OF YOUR ACCOUNT WITH NO REFUND, OR YOUR ACCESS TO YOUR ACCOUNT, AND THE FORFEITURE AND RELINQUISHMENT OF ALL USER CONTENT IN YOUR ACCOUNT. WISHPOND RESERVES THE RIGHT TO REFUSE TO PROVIDE ANY OF THE SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.

6. COPYRIGHT AND CONTENT OWNERSHIP

(A) ALL USER CONTENT POSTED ON THE SERVICES MUST COMPLY WITH CANADIAN COPYRIGHT LAW. YOU ARE RESPONSIBLE FOR ADHERING TO OUR COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS LOCATED AT THE BOTTOM OF THIS PAGE.

(B) WE CLAIM NO INTELLECTUAL PROPERTY RIGHTS OVER THE MATERIAL OR CONTENT YOU SUBMIT, POST OR DISPLAY, ON OR THROUGH THE SERVICES. YOUR ACCOUNT INFORMATION AND THE MATERIALS OR CONTENT YOU UPLOAD WHILE USING THE SERVICES REMAIN YOURS. BY USING OUR SERVICES TO PUBLISH A PAGE, PROMOTION OR PROFILE ON FACEBOOK OR ANOTHER SOCIAL MEDIA SITE, AND AGREEING TO THESE TERMS OF SERVICE, YOU GRANT WISHPOND THE NON-EXCLUSIVE RIGHT AND LICENSE TO USE CAPTURED IMAGES AND OTHER DATA, INCLUDING BUT NOT LIMITED TO LOGOS AND BUSINESS NAMES FROM YOUR PAGE OR PROFILE FOR PROMOTIONAL OR MARKETING PURPOSES. IF YOU HAVE SIGNED UP TO USE WISHPOND SERVICES, YOU ALSO GRANT WISHPOND THE RIGHT TO USE YOUR COMPANY LOGO FOR THE SAME MARKETING PURPOSES, EVEN WHEN YOU HAVE ONLY SUBMITTED YOUR COMPANY NAME AND NOT THE LOGO. BY GRANTING THIS RIGHT YOU AGREE THAT WISHPOND AND ITS AFFILIATES HAVE A LICENSE TO USE THIS MATERIAL OR CONTENT FOR THE SOLE PURPOSE SET FORTH IN THIS SECTION. IN ADDITION, BY SETTING YOUR PAGES TO BE SHARED PUBLICLY, YOU AGREE TO ALLOW OTHERS TO VIEW AND SHARE YOUR USER CONTENT.

(C) WISHPOND DOES NOT PRE-SCREEN USER CONTENT, BUT WISHPOND AND ITS DESIGNEE(S) HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE OR REMOVE ANY USER CONTENT THAT IS AVAILABLE VIA THE SERVICES.

(D) UNLESS WRITTEN PERMISSION IS PROVIDED BY WISHPOND, NOTHING IN THIS AGREEMENT GIVES YOU A RIGHT TO USE ANY OF WISHPOND TRADE NAMES, TRADEMARKS, SERVICES MARKS, LOGOS, DOMAIN NAMES, OR OTHER DISTINCTIVE BRAND NAMES.

(E) WISHPOND IS THE COPYRIGHT OWNER OF ALL CONTENT ON THE WWW.WISHPOND.COM SITE AND/OR ANY OF DOMAIN NAMES THAT IS REGISTERED BY WISHPOND TECHNOLOGIES LTD. ALL RIGHTS RESERVED. YOU MAY NOT DUPLICATE, COPY, OR REUSE ANY PORTION OF THE HTML/CSS OR VISUAL DESIGN ELEMENTS OF THE WWW.WISHPOND.COM AND/OR ANY OF DOMAIN NAMES THAT IS REGISTERED BY WISHPOND TECHNOLOGIES LTD. SITE WITHOUT EXPRESS WRITTEN PERMISSION FROM WISHPOND.

7. NOTIFICATION OF COPYRIGHT INFRINGEMENT CLAIMS

WISHPOND WILL PROCESS AND INVESTIGATE PROPER NOTICES OF ALLEGED COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT RELATED TO MATERIAL ON ITS WEBSITES OR SERVERS AND WILL RESPOND APPROPRIATELY WHERE APPROPRIATE, AND REGARDLESS OF THE MERITS OF THE ALLEGED INFRINGEMENT, OUR RESPONSE MAY INCLUDE REMOVING OR DISABLING ACCESS TO MATERIAL CLAIMED TO BE THE SUBJECT OF INFRINGING ACTIVITY. IF WE REMOVE OR DISABLE ACCESS IN RESPONSE TO SUCH A NOTICE, WE MAY NOTIFY THE OWNER OR ADMINISTRATOR OF THE AFFECTED SITE OR CONTENT SO THAT HE OR SHE CAN MAKE A COUNTER NOTIFICATION. WISHPOND WILL, FOLLOWING APPROPRIATE INVESTIGATION, TERMINATE OR DISABLE ACCESS BY REPEAT INFRINGERS.

MISREPRESENTATIONS MADE IN YOUR NOTICE REGARDING WHETHER MATERIAL OR ACTIVITY IS INFRINGING MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). ACCORDINGLY, IF YOU ARE NOT SURE WHETHER MATERIAL AVAILABLE ONLINE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY.

BY EMAIL:
SUPPORT@WISHPOND.COM

BY MAIL:
WISHPOND TECHNOLOGIES LTD.
422 Richards St, Suite 170
Vancouver, BC
V6B 2Z4

8. WISHPOND PRIVACY POLICY

THIS PRIVACY POLICY (POLICY) IS INCORPORATED BY REFERENCE INTO THE WISHPOND TERMS OF SERVICE. IT DESCRIBES WHAT TYPES OF INFORMATION WE COLLECT AND WHAT WE DO WITH IT. PLEASE SEE WWW.WISHPOND.COM/PRIVACY-POLICY FOR MORE DETAILS.

ANY QUESTIONS ABOUT THIS PRIVACY POLICY SHOULD BE ADDRESSED TO SUPPORT@WISHPOND.COM BY MAIL AT: WISHPOND TECHNOLOGIES LTD., 422 Richards St, Suite 170, VANCOUVER, BC, V6B 2Z4.

9. TYPES OF INFORMATION WE COLLECT AND WHAT WE DO WITH IT

WHEN YOU REGISTER FOR THE SERVICES WE ASK FOR INFORMATION SUCH AS YOUR NAME, COMPANY NAME, EMAIL ADDRESS, BILLING ADDRESS, AND CREDIT CARD INFORMATION. IF YOU SIGN UP FOR A FREE TRIAL ACCOUNT, YOU WILL BE REQUIRED TO ENTER A CREDIT CARD NUMBER SO THAT WE CAN AUTHENTICATE YOUR IDENTITY.

WE CAPTURE YOUR COMPANY NAME AND LOGO FOR MARKETING PURPOSES.

WE COLLECT THE E-MAIL ADDRESSES OF THOSE WHO COMMUNICATE WITH US VIA E-MAIL, AGGREGATE INFORMATION ON WHAT PAGES VISITORS TO OUR WEB SITE(S) ACCESS OR VIEW, AND INFORMATION VOLUNTARILY PROVIDED TO US (SUCH AS SURVEY INFORMATION AND/OR ACCOUNT REGISTRATION INFORMATION).

THE INFORMATION WE COLLECT IS USED TO IMPROVE THE CONTENT OF OUR WEB PAGES AND THE QUALITY OF OUR SERVICES, AND IS NOT SHARED OR SOLD TO THIRD PARTIES FOR COMMERCIAL PURPOSES, EXCEPT TO PROVIDE PRODUCTS OR SERVICES YOU’VE REQUESTED, WHEN WE HAVE YOUR PERMISSION, OR UNDER THE FOLLOWING CIRCUMSTANCES;

IT IS NECESSARY TO SHARE INFORMATION IN ORDER TO INVESTIGATE, PREVENT, OR TAKE ACTION REGARDING ILLEGAL ACTIVITIES, SUSPECTED FRAUD, SITUATIONS INVOLVING POTENTIAL THREATS TO THE PHYSICAL SAFETY OF ANY PERSON, VIOLATIONS OF TERMS OF SERVICE, OR AS OTHERWISE REQUIRED BY LAW.

WHEN A CUSTOMER ENTERS A PROMOTION OR INTERACTS WITH A SOCIAL APPLICATION AND AGREES TO ALLOW WISHPOND TO ACCESS THEIR 3rd Party application  INFORMATION, WISHPOND COLLECTS THIS DATA AND PRESENTS IT TO THE RESPECTIVE ACCOUNT HOLDERS IN THE FORM OF ANALYTICS WHICH THE RESPECTIVE ACCOUNT HOLDER CAN USER TO REMARKET OR EMAIL TO THIS CUSTOMER.

IN THE EVENT OF MERGER, ACQUISITION, OR NAME CHANGE WISHPOND RESERVES THE RIGHT TO ASSIGN THE TERMS OF THIS AGREEMENT TO SUCH NEW PARTY. WISHPOND MAY PROVIDE YOU WITH NOTICE OF SUCH ASSIGNMENT VIA THE EMAIL ADDRESS PROVIDED IN YOUR ACCOUNT INFORMATION. YOU MAY NOT ASSIGN THIS AGREEMENT WITHOUT THE WRITTEN PERMISSION OF WISHPOND.

10. COOKIES

WE MAY USE COOKIE TECHNOLOGY TO TRACK OR RECORD INFORMATION ABOUT OUR WEBSITE VISITORS. A COOKIE IS A SMALL AMOUNT OF DATA, WHICH OFTEN INCLUDES AN ANONYMOUS UNIQUE IDENTIFIER, WHICH IS SENT TO YOUR BROWSER FROM A WEBSITE’S COMPUTERS AND STORED ON YOUR COMPUTER’S HARD DRIVE. WE REQUIRE THE USE OF COOKIE TECHNOLOGY SO THAT WE CAN PRESENT THE CORRECT INFORMATION TO USERS AS THEY MOVE FROM ONE SCREEN TO ANOTHER.

WE MAY USE COOKIES TO RECORD CURRENT SESSION INFORMATION, BUT THEY ARE NOT USED TO RECORD PERSONAL INFORMATION, OR TO ASSOCIATE PERSONAL INFORMATION WITH THE USE OF OUR SERVICES. IF YOU DISABLE YOUR WEB BROWSERS ABILITY TO ACCEPT COOKIES YOU WILL BE ABLE TO BROWSE THE WEB SITE BUT YOU WILL NOT BE ABLE TO SUCCESSFULLY USE OUR SERVICES.

11. DATA STORAGE

WISHPOND USES THIRD PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, STORAGE, AND RELATED TECHNOLOGY REQUIRED TO RUN WISHPOND. ALTHOUGH WISHPOND OWNS THE CODE, DATABASES, AND ALL RIGHTS TO THE WISHPOND APPLICATION, YOU RETAIN ALL RIGHTS TO YOUR PERSONAL INFORMATION.

12. DISCLOSURE

WISHPOND MAY DISCLOSE YOUR PERSONAL INFORMATION UNDER SPECIAL CIRCUMSTANCES, SUCH AS TO COMPLY WITH SUBPOENAS OR IF YOUR ACTIONS VIOLATE THE TERMS OF SERVICE.

13. CHANGES

WE MAY USE CUSTOMER AND ACCOUNT HOLDER DATA FOR NEW, UNANTICIPATED USES NOT PREVIOUSLY DISCLOSED IN OUR PRIVACY NOTICE. WE MAY PERIODICALLY UPDATE THIS POLICY FROM TIME TO TIME. TO KEEP UP-TO-DATE WITH WISHPOND’S POLICY, PLEASE CHECK ITS PRIVACY POLICY PAGE PERIODICALLY. UPON REQUEST WE MAY PROVIDE SITE VISITORS WITH ACCESS TO INFORMATION THAT WE HAVE COLLECTED AND THAT WE MAINTAIN ABOUT THEM. UPON REQUEST WE OFFER VISITORS THE ABILITY TO HAVE INACCURACIES CORRECTED IN CONTACT INFORMATION. YOU CAN HAVE THIS INFORMATION CORRECTED BY CONTACTING WISHPOND. YOU CAN ELECT TO OPT OUT AT ANY TIME.

14. ASSIGNMENT

THE RIGHTS WHICH ACCRUE TO WISHPOND UNDER THIS AGREEMENT SHALL PASS TO ITS SUCCESSORS OR ASSIGNS. THE RIGHTS OF THE SUBSCRIBER CANNOT BE ASSIGNED.

15. TERMINATION OF AGREEMENT

YOU AND WISHPOND MAY TERMINATE THESE TERMS AND YOUR USE OF THE WISHPOND PRODUCT AND SERVICES AT ANY TIME. IF YOU TERMINATE YOUR USE OF THE WISHPOND SERVICES, AND IF APPLICABLE, YOU MUST PAY THE FEES APPLICABLE FOR THE BALANCE OF THE THEN CURRENT BILLING PERIOD. WHEN YOUR WISHPOND ACCOUNT IS TERMINATED, YOUR USER CONTENT WILL, SHORTLY THEREAFTER, NOT APPEAR ON THE WISHPOND PRODUCT AND SERVICES, EXCEPT FOR USER CONTENT SUBMITTED TO OUR BLOG, WHICH MAY REMAIN ON THE WISHPOND PRODUCT AND SERVICES AFTER TERMINATION. YOU ACKNOWLEDGE AND AGREE THAT WISHPOND HAS NO OBLIGATION TO MIGRATE OR PROVIDE ASSISTANCE IN MIGRATION OF DATA FROM WISHPOND. NOTWITHSTANDING THE FOREGOING, WISHPOND SUPPORT MAY HELP USERS WITH THE TRANSFER OF ANY STORED DATA UPON REQUEST.

16. USE OF WISHPOND PRODUCT AND SERVICES

BY USING ANY INTERACTIVE AREAS, YOU EXPRESSLY AGREE NOT TO POST, UPLOAD TO, TRANSMIT, DISTRIBUTE, STORE, CREATE, OR OTHERWISE PUBLISH THROUGH THE WISHPOND PRODUCT AND SERVICES ANY OF THE FOLLOWING:

  • CONTENT THAT, IN THE SOLE JUDGMENT OF WISHPOND, IS OBJECTIONABLE OR WHICH RESTRICTS OR INHIBITS ANY OTHER PERSON FROM USING OR ENJOYING THE INTERACTIVE AREAS OR THE WISHPOND PRODUCT AND SERVICES, OR WHICH MAY EXPOSE WISHPOND OR ITS AFFILIATES OR ITS USERS TO ANY HARM OR LIABILITY OF ANY TYPE.
  • ANY MESSAGE, DATA, OR OTHER MATERIAL THAT IS UNLAWFUL, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, INDECENT, LEWD, SUGGESTIVE, HARASSING, THREATENING, INVASIVE OF PRIVACY OR PUBLICITY RIGHTS, ABUSIVE, INFLAMMATORY, FRAUDULENT, OR OTHERWISE OBJECTIONABLE.
  • CONTENT THAT WOULD CONSTITUTE, ENCOURAGE OR PROVIDE INSTRUCTIONS FOR A CRIMINAL OFFENSE, VIOLATE THE RIGHTS OF ANY PARTY, OR THAT WOULD OTHERWISE CREATE LIABILITY OR VIOLATE ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW.
  • CONTENT THAT MAY INFRINGE ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT, OR OTHER INTELLECTUAL OR PROPRIETARY RIGHT OF ANY PARTY.
  • THAT WISHPOND IS NOT RESPONSIBLE OR LIABLE FOR THE FAILURE OF ANY OF YOUR CUSTOMERS (OR ANY THIRD-PARTY) TO COMPLY WITH THE RULES, TERMS, CONDITIONS, POLICIES, AND APPLICABLE LAWS, RULES, OR REGULATIONS GOVERNING ANY PROMOTION.
  • THAT WISHPOND DOES NOT SPONSOR, ADMINISTER, OR ENDORSE, AND IS THEREFORE NOT LIABLE FOR, THE CONTENT OF ANY PROMOTION, PRODUCT DATA, OR MEDIA DISTRIBUTED THROUGH THE SITE.
  • THAT WISHPOND IS NOT RESPONSIBLE OR LIABLE FOR YOUR CUSTOMERS’ USE OR DISTRIBUTION OF INFORMATION YOU PROVIDE.
  • THAT WISHPOND MERELY FACILITATES THE DISTRIBUTION OF PROMOTIONS, PRODUCT DATA, AND MEDIA AND UNDERSTAND THAT THE SITE PROVIDES NO SAFEGUARDS ENSURING THAT YOUR PROMOTIONS AND MEDIA COMPLY WITH ANY LAW, RULE, REGULATION, OR POLICY.
  • THAT YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR PROMOTION, PRODUCT DATA, OR MEDIA COMPLIES WITH ANY APPLICABLE LAW, RULE, OR REGULATION AND AGREE TO COMPLY WITH ALL STATEMENTS AND PROMISES MADE TO YOUR CUSTOMERS.
  • YOU INDEMNIFY, DEFEND, AND HOLD HARMLESS WISHPOND AND ITS AFFILIATES, AND SUBSIDIARIES; AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, PROFESSIONAL ADVISORS, AND CONTRACTORS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING FROM YOUR USE OF THE SERVICES. YOUR INDEMNIFICATION INCLUDES, WITHOUT LIMITATION, ALL CLAIMS RELATED TO THE POSTING OR REMOVAL OF CONTENT, USER CONTENT, OR ENTRIES TO OR FROM THE SITE. WISHPOND WILL NOTIFY YOU PROMPTLY OF ANY SUCH CLAIM, LOSS, LIABILITY, OR DEMAND, AND WILL PROVIDE YOU WITH REASONABLE ASSISTANCE, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, LOSS, LIABILITY, DAMAGE, OR COST.

17. PROVIDING A RELIABLE AND SECURE SERVICE

WISHPOND STRIVES TO OFFER AND MAINTAIN A RELIABLE AND SECURE ENVIRONMENT FOR YOUR DATA. THE INTERNET IS AN INHERENTLY INSECURE MEDIUM, AND THE RELIABILITY OF HOSTING SERVICES CANNOT BE ASSURED. WHEN YOU USE THE WISHPOND PRODUCT AND SERVICES, YOU ACCEPT THESE RISKS, AND THE RESPONSIBILITY FOR CHOOSING TO USE A TECHNOLOGY THAT DOES NOT PROVIDE PERFECT SECURITY OR RELIABILITY. IN PARTICULAR, ACCOUNT HOLDERS WHO CHOOSE TO PROVIDE CREDIT CARD INFORMATION ON THIS WISHPOND PRODUCT AND SERVICES ACCEPT THESE RISKS TO THE SECURITY OF THAT CREDIT CARD INFORMATION. ULTIMATELY, CREDIT CARD DATA IS PROVIDED BY ACCOUNT HOLDERS AND ACCOUNT HOLDERS ARE RESPONSIBLE FOR ITS PROTECTION.

18. LINKS TO THIRD PARTY PRODUCT AND SERVICES

THE WISHPOND PRODUCT AND SERVICES CONTAINS LINKS TO THIRD-PARTY WEB SITES (“THIRD-PARTY WISHPOND PRODUCT AND SERVICES”) AND THIRD-PARTY CONTENT (“THIRD-PARTY CONTENT”) AS A SERVICE TO THOSE INTERESTED IN THIS INFORMATION. THIRD-PARTY PRODUCT AND SERVICES INCLUDE SOCIAL NETWORK PLATFORMS, SUBSCRIBER AND SPONSOR SITES, PAYMENT PROCESSORS AND OTHER PAYMENT INTERMEDIARIES THAT YOU MAY USE IN CONNECTION WITH YOUR USE OF THE WISHPOND PRODUCT AND SERVICES. YOU USE LINKS TO THIRD-PARTY WISHPOND PRODUCT AND SERVICES, AND ANY THIRD-PARTY CONTENT OR SERVICE PROVIDED THERE AT YOUR OWN RISK. WISHPOND DOES NOT MONITOR OR HAVE ANY CONTROL OVER, AND MAKES NO CLAIM OR REPRESENTATION REGARDING, THIRD-PARTY CONTENT OR THIRD-PARTY PRODUCT AND SERVICES.

19. WARRANTY DISCLAIMER

WISHPOND TECHNOLOGIES PRODUCT AND SERVICES, THE CONTENT PROVIDED BY ALL SITES OWNED BY WISHPOND ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM WISHPOND OF ANY KIND, EITHER EXPRESS OR IMPLIED.

20. LIMITATION OF LIABILITY; INDEMNITY

YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST WISHPOND, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE WISHPOND PRODUCT AND SERVICES.

21. APPLICABLE LAWS

THIS AGREEMENT SHALL BE GOVERNED, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA, CANADA. EACH PARTY AGREES THAT ANY LEGAL ACTION, PROCEEDING, CONTROVERSY OR CLAIM BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY BE BROUGHT AND PROSECUTED ONLY IN A COURT OF LAW IN THE PROVINCE OF BRITISH COLUMBIA, CANADA, AND BY EXECUTION OF THIS AGREEMENT EACH PARTY HERETO SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURT AND WAIVES ANY OBJECTION IT MIGHT HAVE BASED UPON IMPROPER VENUE OR INCONVENIENT FORUM.

22. PROHIBITED USAGE

You may not:

  • SEND ANY EMAILS THAT VIOLATE CAN-SPAM LAWS
  • SEND ANY EMAILS FROM CANADA OR TO CANADIAN RESIDENTS THAT VIOLATE CASL LAWS
  • Send Spam. By “spam,” we mean the definition on the Spamhaus website. In short, spam is “unsolicited bulk email.

You are solely responsible for the activity that occurs on your account.

YOU SPECIFICALLY ACKNOWLEDGE THAT WISHPOND SHALL NOT BE LIABLE FOR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

By using Wishpond, you represent and warrant that you meet all the requirements listed above, and that you won’t use Wishpond in a way that violates any laws or regulations. Wishpond may refuse service, close accounts of any users, and change eligibility requirements at any time.

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

23. PROHIBITED PRODUCTS AND SERVICES

Wishpond does not allow the use of its products and services to promote, offer, sell any products, services or activities that are illegal in any jurisdiction in which you wish to operate. Examples of illegal activities include, but are not limited to illegal adult entertainment services, sales of restricted firearms, firearm parts, ammunition and similar weapons or sales of restricted drugs, alcohol or tobacco.