By using the wishon.me website and/or by ordering an E-Card (collectively, the "Service") you accept and agree to be bound by the following terms and conditions (the "Agreement" or the “Terms”) with Wishon.Me ("Service Provider", “us”, “our”).
The Service is not for use by people under 21 years of age and it is expressly prohibited to distribute in any way the E-Cards to any persons under the age of 21. You take full responsibility for access of and use of the Service and any consequences arising out of your use of the Service. By accepting these Terms You represent and warrant that you have learned the way Service works and have watched our demonstration video posted on the Site and fully understand how Service operates. If legislation of your state of residence does not allow use of the Service, you shall not access and use our Service. This Agreement is void where prohibited by law and the right to access the Service is revoked in such jurisdictions. Service Provider may, at its sole discretion, refuse to offer access to the Service to any person and change its eligibility criteria at any time.
By using the Service, you agree to receive promotional emails and other materials from Service Provider.
Service Provider reserves the right to modify these Terms without notice at any time.
"E-Card" - a JPEG image, delivered to you as a result of using the Service.
"Greeting" - a text string you provide to the Service Provider to customize your E-Card that shall not be longer than 35 characters and shall not contain any text, image, graphics or any other information that is in any way unlawful in any state of the world, offensive, profane, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable or extremist; facilitate illegal activity, promote or depict sexually explicit images, obscene or pornographic images; promote or depict violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; incorporate any materials that infringe or assist others to infringe on any copyright, trademark or other Intellectual Property rights; or contain or promote politically sensitive or controversial issues.
"Site" - http://wishon.me website
“Intellectual Property” – right to intellectual property objects as defined in international treaties and applicable law, including but not limited to, copyright, patent rights, trademark rights and trade secrets.
“Guidelines” – the following requirements commercial use of the E-Card by You shall comply with: You may use the E-Card to advertise and promote your goods, services and your personality provided that you may not sublicense, otherwise rent or sublease the E-Card to any third parties and shall not use the E-Card to advertise or in any way promote any sexual or any other adult service or product, and shall not use the E-Card on any dating Internet sites and in the provision, advertising and any promotion of dating services, you shall not use the E-Card in any materials that are intended for people under 21 years of age or any other age as may be defined in a particular state and shall not use the E-Card in any jurisdictions where its use may be unlawful or contrary to moral rules and principles. Your use of the E-Card for commercial purposes shall comply with the legislation on advertising and any other applicable legislation that is effective in the state of your residence or in the state where you intend to use the E-Card.
2.1. You may use the Service solely for your personal, noncommercial use and commercial use that complies with the Guidelines. You are entirely responsible for your use of the Service and the E-Card. You agree not to use the Service in any way that is unlawful, or harms Service Provider, its service providers, its suppliers, or any other person and expressly agree that the Greeting shall comply with the requirement set forth above in section 1. Service Provider may terminate your use of the Service if and when Service Provider determines that your use is inappropriate.
2.2. Service Provider reserves the right to modify, suspend, or discontinue the Service for any reason, with or without notice.
2.3. Service Provider fully owns Intellectual Property rights to any protectable part of the Service, including but not limited to copyright in and to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Service.
2.4. As a condition of your use of the Service, you represent and warrant to Service Provider that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner which could damage, disable, overburden, or impair Service Provider or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Service.
3.1. You may order the E-Card customized with your “Greeting” from Service Provider through an order form available on the Site.
3.2. Payment for the E-Card is made by credit card in US Dollars and other currencies and is non-refundable. Service Provider reserves the right to cancel your order in the case of non-payment or invalid credit card or inaccurate information. Any attorney fees, court costs, or other costs incurred in connection with the cancellation of your order shall be the responsibility of and paid for by you.
3.3. Service Provider shall deliver the E-Card to you within one (1) business day after the payment is received by Service Provider.
3.4. Upon final delivery of the E-Card, the Service Provider grants You limited, non-exclusive, worldwide, non-transferable right and license, without the right to sublicense, to use, reproduce, publicly display, make available to the public and distribute the E-Card for any personal non-commercial purposes and for commercial use that complies with the Guidelines provided that such use, reproduction, public display, making available to the public and distribution complies with this Agreement.
3.5. Except as explicitly granted herein, Service Provider does not grant any express or implied rights to You under any Service Provider's Intellectual Property rights including the right to modify or otherwise create derivative works on the basis of E-Cards. It is expressly prohibited to modify or otherwise create the derivative works on the basis of the E-Cards.
4.1. SERVICE PROVIDER PROVIDES THE SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE", AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICE PROVIDER AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SERVICE PROVIDER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
4.2. IN NO EVENT SHALL SERVICE PROVIDER OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF SERVICE EVEN IF SUCH PARTY HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST SERVICE PROVIDER OR ITS SUPPLIERS WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
5.1. The Service and E-Cards, including all content included on our user interfaces, or delivered to You as part of the Service and E-Cards, including, but not limited to, images, source code, data compilations are the property of Service Provider or its licensors and are protected by national and international copyright, trade secret or other Intellectual Property laws and treaties. You agree that if the text or other content for the Greeting that you send to Us is protectable by copyright You, as a material condition of providing the Service to You, fully assign to Us all copyright to and in such protectable content to the maximum extent permitted by the applicable law, including the right to reproduce such content, to modify the content and create any derivative works, to publicly display the content, to communicate and make the content available to the public and any other rights under copyright as provided by the applicable law for the whole duration of copyright as defined in the applicable law and within the territory of the whole world.
5.2. Unless expressly permitted by this Agreement the E-Card and any part thereof shall not be reproduced or used without express written permission from Service Provider or its licensors. You agree to adhere to the restrictions set forth in these Terms of Service. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible from Service Provider, not to insert any code or product into or manipulate the content of the Site in any way, and not to use any data mining, data gathering or extraction method. Service Provider reserves the right to terminate your use of the Service hereunder if Service Provider, at its sole and absolute discretion, believes that You are in violation of any restrictions, restrictions against copying the Service provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights or other Intellectual Property rights of Service Provider and its licensors.
6.1. You agree to indemnify, defend and hold harmless Service Provider, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Service, or any violation by you of this Agreement.
7.1. Service Provider may change, suspend or discontinue the Service and suspend or terminate your use of the Service at any time for any reason, without notice.
7.2. You can at any time cancel your use of the Service. There will be no subsequent charges to your credit card after cancellation.
7.3. You may terminate the Agreement by discontinuing use of the Service.
9.1. Any abuse or threatened abuse of other users of the Service, any third persons or of Service Provider's personnel will result in immediate termination of provision of Service to you.
9.2. Any failure of Service Provider to enforce or exercise a right provided in these Terms is not a waiver of that right.
9.3. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
9.4. These Terms of Service constitute the entire agreements between you and Service Provider and supersede any and all previous agreements, written or oral, between you and Service Provider, including previous versions of the Terms of Service
9.5. This Agreement shall governed by and is to be construed in accordance with the laws of the Republic of Cyprus. All disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration shall be Nicosia, Cyprus.