Terms of Service
Effective Date: Mar 1, 2019
A warm welcome to Wishlife!
By using our products and services (“Services”), you are agreeing to our terms and conditions as mentioned below.
Don’t misuse our Services.
Use our system in accordance with the interface and instructions we provide. We may suspend or stop providing our Services to you do not comply with our terms or policies or if we detect misconduct. Our service should not be used for commercial purposes.
Intellectual Property and Trademarks.
Using our Services does not provide you access to our intellectual property or our trademarks. You may not use our content system from our Services outside our application unless you obtain permission from us or are otherwise permitted by law.
Modification of terms.
Wishlife reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time without notice to you. Please check these Terms periodically for changes. Your continued use of our Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on our website.
Data ownership and retention.
You may choose to download the data from our service at any time for a fee. Any data that you delete from our system may take up to 180 days to delete from our servers.
As part of our agreement, you also give us permissions that we need to provide the Services.
We do not claim ownership of your content, but you grant us a license to use it.
Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Services. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Services, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.
You agree that we can download and install updates to the Services on your device.
Pricing and refunds.
Wishlife is a paid service. We reserve the right to change the price of our service at any time. Wishlife provides a 30 day satisfaction guarantee on our Service (excluding any service that includes a Coach and/or videographer). Beyond the 30 days, users on a monthly plan can choose to simply unsubscribe at any time and they will not be charged for the next month. Users on yearly plans cannot get a refund after 30 days, but they can unsubscribe at the end of the year.
Creation of Wishlife Chapters
I consent to Wishlife Inc. (including affiliates & employees) having access to data recorded as part of the Wishlife platform package for the purposes of creating, curating, and building life stories and similar content within Wishlife’s platform.
Wishlife will hold on to user data for at least 180 days for users whose accounts become delinquent. After that, user data may be deleted from our systems.
Disclaimer of Warranties.
We cannot and do not guarantee our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE OUR SERVICES. YOUR USE OF OUR SERVICES, AND ANY CONTENT OR INFORMATION OBTAINED THROUGH WISHLIFE IS AT YOUR OWN RISK. OUR SERVICES AND ANY INFORMATION PROVIDED THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WISHLIFE NOR ANY PERSON ASSOCIATED WITH WISHLIFE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE INFORMATION FOUND ON WISHLIFE OR OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WISHLIFE NOR ANYONE ASSOCIATED WITH WISHLIFE REPRESENTS OR WARRANTS THAT OUR SERVICES, ITS CONTENT OR INFORMATION OBTAINED THROUGH OUR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT WISHLIFE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WISHLIFE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Limitation of Liability.
YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. WISHLIFE DISCLAIMS ANY LIABILITY TO YOU, TO THIRD PARTY BENEFICIARIES DESIGNATED BY YOU, OR UNINTENDED OR IMPLIED BENEFICIARIES. WISHLIFE SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF WISHLIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO OUR SERVICES. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY WISHLIFE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Wishlife, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless Wishlife, from and against any and all claims brought by third parties arising out of your use of any of the Websites or Services and the Content you make available via any of the Websites or Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.
“Confidential Information” means any information disclosed by Wishlife, directly or indirectly, in writing, orally, or by inspection of tangible objects (including documents, prototypes, samples, plant, and equipment), which may be designated as “Confidential,” “Proprietary,” or some similar designation. Information communicated orally shall be considered Confidential Information if the information is confirmed in writing as being Confidential Information within a reasonable time after the initial disclosure. Confidential Information may also include information disclosed to the disclosing party by third parties. Confidential Information shall not, however, include any information that (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) is already in the possession of the receiving party at the time of disclosure by the disclosing party, as shown by documents and other competent evidence in the receiving party’s possession; (iv) is obtained by the receiving party from a third party without a breach of the third party’s obligations of confidentiality; or (v) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession.
Non-use and Nondisclosure. You shall not use Wishlife’s Confidential Information for any purpose except to evaluate and engage in discussions concerning a potential use of the platform. You shall not disclose the Wishlife’s Confidential Information to third parties or to such party’s employees, except to those employees of the receiving party who are required to have the information in order to evaluate or engage in discussions concerning the use of the platform. You may disclose the other party’s Confidential Information if required by law so long as the receiving party gives the disclosing party prompt written notice of the requirement prior to the disclosure and assistance in obtaining an order protecting the information from public disclosure. You shall not reverse engineer, disassemble, or decompile any prototypes, software, or other tangible objects that embody Wishlife’s Confidential Information and that are provided to you in accordance with this Agreement.
Maintenance of Confidentiality. You shall take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of Wishlife’s Confidential Information. Without limiting the foregoing, you shall take at least those measures that it takes to protect your own most highly confidential information and, prior to any disclosure of the other party’s Confidential Information to your employees, shall have the employees sign a non-use and nondisclosure agreement that is substantially similar in content to this Agreement. You shall make any copies of Wishlife’s Confidential Information unless approved in writing by Wishlife.
No Warranty. ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS.” NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE, REGARDING THE ACCURACY, COMPLETENESS, OR PERFORMANCE OF ITS CONFIDENTIAL INFORMATION.