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Wish Agent | Privacy, Terms of Use and Other Policies

TERMS OF USE

Welcome to wishAGENT.com, a site that lets you send and receive interactive, personalized wishes with friends and colleagues and to have fun designing custom Wish Agent looks and themes. wishAGENT.com provides services to you under the following terms of use, which which may be updated from time to time without notice. By using this site you agree to these Terms of Use. Please read these Terms of Use carefully before continuing to wishAGENT.com. Your continued use of wishAGENT.com signifies your agreement to be bound by these Terms of Use at the time of such use in any form. References to Wish Agent and wishagent.com in these Terms of Use represent the Wish Agent entity, its parent companies and affiliates.

PRIVACY

Wish Agent exercises care in the handling of information collected via wishAGENT.com and said information is covered by the terms of our Privacy Policy. For more information, review our full Privacy Policy.

COPYRIGHT

wishAGENT.com hereby grants you a limited license to copy and use the materials, features, and services provided by wishAGENT.com on this Site solely for your personal, non-commercial use, subject to these Terms. The design, icons, logos, copy and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy or portion of the Materials that you make shall retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or Site Materials or posting of Materials on other Web Sites, with exception of Wish Agent thumbnails linking back to wishAgent.com, is strictly prohibited. The products, technology, and/or processes described and/or used on this Site are subject to intellectual property rights reserved by wishAGENT.com or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as imparting to you in any manner whatsoever, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of wishAGENT.com or any third party.

USE OF THIS SITE

You agree that any information you provide to wishAGENT.com is truthful and accurate. You agree to not use wishAGENT.com to upload, post, e-mail, send by Wish Agent or printed materials, transmit or otherwise make available any content that is unlawful, harmful, threatening, obscene, libelous, abusive, harassing, tortious, defamatory, vulgar, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and attest that you own or otherwise control all of the rights to any content you submit to wishAGENT.com, including but not limited to the sending, creating, printing or delivery of personalized content or products; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify wishAGENT.com for all claims resulting from any content you supply. By submitting content to wishAGENT.com through web-based functions or via e-mail, you grant that the owner of rights in such content has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, provided however, that for content provided to wishAGENT.com solely for the purpose of incorporating such content into a product or service ordered by you, you grant such rights to wishAGENT.com for the sole purpose of delivering products and services.

You acknowledge that wishAGENT.com is not obligated to and does not prescreen content submitted by users, but that wishAGENT.com shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any content that is made available via wishAGENT.com or to refuse to accept content for use in any products or services offered on or through wishAGENT.com by any user that violates these Terms of Use or is otherwise objectionable in wishAGENT.com's sole judgment.wishAGENT.com may request that a user submit evidence of their ownership of or right to use and reproduce any copyright, trademark or likeness arising from user's submission of content.If, upon such request, wishAGENT.com does not receive information it deems sufficient to evidence such rights, wishAGENT.com reserves the right to (i) suspend the the display and function of Wish Agents relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.

By choosing to upload designs, imagery, and content you hereby grant wishAGENT.com full license to copy and use the materials for display, advertising and other forms of promotion, electronically, in print or merchandise.

You also acknowledge and agree that wishAGENT.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of wishAGENT.com, its users and the public.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL wishAGENT.com BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF wishAGENT.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL wishAGENT.com's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. DISCLAIMER OF WARRANTIES THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, wishAGENT.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. wishAGENT.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. wishAGENT.com DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU AND NOT wishAGENT.com ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. PRODUCT INFORMATION DISCLAIMER

It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on wishAGENT.com may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. wishAGENT.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your Wish Agent has been submitted.

SPAM

You may not use this Site to send online Wish Agent greetings to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. wishAGENT.com reserves the right to limit, in its sole discretion and without prior notice to you, the number of Wish Agents or messages that you may send using the Site and/or the number of recipients to which you send such cards or messages.

You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.

LINKS AND ADVERTISEMENT

wishAGENT.com may feature on its Site, in its newsletters, or in its e-mail communications to you, links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH wishAGENT.com or its agents. wishAGENT.com MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. BMA WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY BMA ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.

There may be circumstances where access to this Site is provided by a link located at another Web site. Neither wishAGENT.com nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither wishAGENT.com nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither wishAGENT.com nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.

UNSOLICITED SUBSMISSIONS

wishAGENT.com welcomes comments regarding its products and services. However, wishAGENT.com's policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We must ask that you not send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information, the Information shall be deemed, and shall remain, the property of wishAGENT.com. None of the Information shall be subject to any obligation of confidentiality on the part of wishAGENT.com and we shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.

NOTICE

Notices to you may be made via either email or regular mail. We may also provide notices of changes to the Terms of Use or privacy policy by displaying notices or links to notices to you generally on wishAGENT.com.

TERMINATION

This agreement will terminate immediately without notice from wishAGENT.com if in wishAGENT.com's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from wishAGENT.com and all copies thereof, whether made under the terms of this agreement or otherwise.

DISPUTES AND JURISDICTION

This agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to wishAGENT.com or to products you purchase through wishAGENT.com shall be submitted to confidential arbitration in Massachusetts, with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.

INTERNATIONAL USE

Neither wishAGENT.com nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

MISCELLANEOUS

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

PRIVACY POLICY

wishAGENT.com exercises care in the handling of personal information collected via www.visualactivity.com and conducts its business in ways that demonstrates respect for personal privacy.

• www.wishAGENT.com offers visitors opportunities to sign up for email and request information. We do not collect or maintain any personal information unless you provide it to us.
• If you use our web site to send an online greeting or any other content, we collect your e-mail address and your recipient's e-mail address. This information is necessary to send the content and provide confirmation that it has been received. We will not use your recipient's e-mail address for any purpose other than to send the greeting.
• We may also use your e-mail address to contact you if you have chosen to receive communications from wishAGENT.com or its Partners. If you have provided us your consent, we will use the information we have collected about you in several ways:
• • To send personalized, targeted information that we think our users will find relevant, either from wishAGENT.com or directly from its Business Partners;
  • To include targeted advertising within such messages;
  • To send promotions and coupons based on the user's interests;
  • To contact the user for feedback and surveys; and
  • To send the user other information about wishAGENT.com.
• www.wishAGENT.com reserves the right to communicate with you from time to time about important administrative, policy, legal, credit card, and billing matters, which will affect your use of our web sites, including without limitation any alleged violations of our Terms of Use. These communications are mandatory.
• All of our greetings/game products are loaded to the public gallery and therefor intended as public correspondence. We will NOT disclose the sender/creator e-mail address no any recipient information, except where required by law.
• The www.wishAGENT.com Web Site neither targets persons who are less than 18 years of age nor knowingly collects personal information online from them. If anyone under 18 years of age wishes to sign engage the Wish Agent interactive product or otherwise transmit information, we encourage them to do so under the supervision of a parent or guardian.
• We use web server log files and analytics software to assess the aggregate level of traffic to the website for information about the volume, variety, timing, and other characteristics of our web traffic and to diagnose any potential problems with the Web site.
• Web server log files do contain an IP address but not information on a specific individuals. We do not use log files to track a particular individual's use of the website but reserve the right to utilize log information in the investigation of any malicious activity.
• We do not share, trade, or sell personal information to third parties without your consent except, in limited ways if required by law. We reserve the right to modify this policy.
• We may make use of cookies to maintain the browser session. A cookie is a tiny text file that is placed on your hard drive by the web server. These text files do not contain any personal information and can not be used to obtain any information that you do not voluntarily provide.
• Our site may contain links to other web sites and servers. wishAGENT.com is not responsible for the content or privacy practices of linked Web sites; nor should a link from this website be construed as an endorsement of that site's content or practices
• We reserve the right make changes to this policy as changing circumstances require.