Wishme, LLC
Terms of Use
Last revised on August 21, 2023
Welcome to Wishme.
0020, Vardashen 9 str. 62V 52, Yerevan , Armenia
support@wishmeapp.am
Acceptance of Terms of Use Agreement
By creating a Wishme account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by these Terms of Use. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
Eligibility
You are not authorized to create an account or access or use the Service or systems it resides on unless all of the following are true:
In order to use Wishme, you will need to register with the app using your phone number. For more information about what information we collect from you and how we use it, please read our Privacy Policy.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Wishme, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us support@wishmeapp.am
Modifying the Service and Termination
Wishme is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
The easiest way to terminate your account is to follow the instructions under "Settings" in the Service. Of course, you retain other termination options. However, if you use a third party payment account such as Apple’s App Store or iTunes Store, as applicable (“App Store”) or the Google Play Store, you will need to manage in app purchases through such an account to avoid additional billing.
Safety; Your Interactions with Other Members
Though Wishme strives to encourage a respectful member experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, Wishme is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WISHME DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. WISHME MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.
Rights Wishme Grants You
Wishme grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Wishme and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
Rights you Grant Wishme
By creating an account, you grant Wishme a worldwide, transferable, sublicensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the information that you post, upload, display or otherwise make available (hereinafter "post") on the Service or transmit to other users (hereinafter "Content"). Wishme's license to your Content is non-exclusive, except that Wishme's license is exclusive with respect to derivative works created as a result of your use of the Service. For example, Wishme will have an exclusive license to screenshots of the Service containing your Content. In addition, in order for Wishme to prevent the use of your Content outside of the Service, you authorize Wishme to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the right, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable laws (e.g., privacy laws to the extent any Content contains personal data as defined in such laws) and is solely for the operation, development, provision and improvement of the Service and for the research and development of new Services. You agree that any Content you post or that you authorize us to post on the Service may be viewed by other users and may be viewed by anyone visiting or participating in the Service (e.g., individuals who may receive shared Content from other Wishme members).
You agree that all information you provide when you create your account is accurate and truthful, and you have the right to post Content to the Service and grant the above license to Wishme.
You understand and agree that we may monitor or review any Content posted by you within the Service. We may remove, in whole or in part, any Content that, in our sole judgment, violates this Agreement or may damage the reputation of the Service.
You agree to be respectful and friendly when communicating with our customer service representatives. If we believe that your behavior toward our support representatives or other employees at any time is threatening, harassing, or abusive, we reserve the right to terminate your account immediately.
In exchange for Wishme allowing you to use the Service, you agree that we, our affiliates and our third party partners may advertise on the Service. By providing Wishme with suggestions or feedback regarding our Service, you agree that Wishme may use and distribute such feedback for any purpose without compensation to you.
Please be aware that Wishme may access, store and disclose your account information and Content if required to do so by law, pursuant to an agreement with you, or in the good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of the Company or any other person.
Community Rules
By using the Service, you agree that you will not:
Other Members' Content
Although Wishme reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and Wishme cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our support service support@wishmeapp.am
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request using email support@wishmeapp.am
If you contact us regarding alleged copyright infringement, please be sure to include the following information:
Disclaimers
WISHME PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WISHME DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
WISHME TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
Third Party Services
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Wishme is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. Wishme is not responsible or liable for such third parties' terms or actions.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WISHME, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF WISHME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WISHME’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO WISHME FOR THE SERVICE AND USD100 WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Governing Law
For members residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Texas, U.S.A., excluding Texas’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Service. Notwithstanding the foregoing, the Arbitration Agreement in Section 15 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Venue
Except for members residing in the EU or European Economic Area who may bring claims in their country of residence in accordance with applicable law and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Wishme that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Dallas County, Texas, U.S.A. You and Wishme consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
Indemnity by You
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Wishme, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
Entire Agreement; Other
This Agreement, which includes the Privacy Policy, Cookie Policy and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Wishme regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Wishme account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Wishme in any manner.
Terms of Use
Last revised on August 21, 2023
Welcome to Wishme.
0020, Vardashen 9 str. 62V 52, Yerevan , Armenia
support@wishmeapp.am
Acceptance of Terms of Use Agreement
By creating a Wishme account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by these Terms of Use. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
Eligibility
You are not authorized to create an account or access or use the Service or systems it resides on unless all of the following are true:
- you are at least 18 years of age.
- you can form a binding contract with Wishme,
- you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition),
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
- you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
In order to use Wishme, you will need to register with the app using your phone number. For more information about what information we collect from you and how we use it, please read our Privacy Policy.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Wishme, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us support@wishmeapp.am
Modifying the Service and Termination
Wishme is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
The easiest way to terminate your account is to follow the instructions under "Settings" in the Service. Of course, you retain other termination options. However, if you use a third party payment account such as Apple’s App Store or iTunes Store, as applicable (“App Store”) or the Google Play Store, you will need to manage in app purchases through such an account to avoid additional billing.
Safety; Your Interactions with Other Members
Though Wishme strives to encourage a respectful member experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, Wishme is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WISHME DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. WISHME MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.
Rights Wishme Grants You
Wishme grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Wishme and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:
- use the Service or any content contained in the Service for any commercial purposes without our written consent.
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Wishme’s prior written consent.
- express or imply that any statements you make are endorsed by Wishme.
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
- upload viruses or other malicious code or otherwise compromise the security of the Service.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
- "frame" or "mirror" any part of the Service without Wishme’s prior written authorization.
- use meta tags or code or other devices containing any reference to Wishme or the Service (or any trademark, trade name, service mark, logo or slogan of Wishme) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- use or develop any third-party applications that interact with the Service or other members' Content or information without our written consent.
- use, access, or publish the Wishme application programming interface without our written consent.
- probe, scan or test the vulnerability of our Service or any system or network.
- encourage or promote any activity that violates this Agreement.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
Rights you Grant Wishme
By creating an account, you grant Wishme a worldwide, transferable, sublicensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the information that you post, upload, display or otherwise make available (hereinafter "post") on the Service or transmit to other users (hereinafter "Content"). Wishme's license to your Content is non-exclusive, except that Wishme's license is exclusive with respect to derivative works created as a result of your use of the Service. For example, Wishme will have an exclusive license to screenshots of the Service containing your Content. In addition, in order for Wishme to prevent the use of your Content outside of the Service, you authorize Wishme to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the right, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable laws (e.g., privacy laws to the extent any Content contains personal data as defined in such laws) and is solely for the operation, development, provision and improvement of the Service and for the research and development of new Services. You agree that any Content you post or that you authorize us to post on the Service may be viewed by other users and may be viewed by anyone visiting or participating in the Service (e.g., individuals who may receive shared Content from other Wishme members).
You agree that all information you provide when you create your account is accurate and truthful, and you have the right to post Content to the Service and grant the above license to Wishme.
You understand and agree that we may monitor or review any Content posted by you within the Service. We may remove, in whole or in part, any Content that, in our sole judgment, violates this Agreement or may damage the reputation of the Service.
You agree to be respectful and friendly when communicating with our customer service representatives. If we believe that your behavior toward our support representatives or other employees at any time is threatening, harassing, or abusive, we reserve the right to terminate your account immediately.
In exchange for Wishme allowing you to use the Service, you agree that we, our affiliates and our third party partners may advertise on the Service. By providing Wishme with suggestions or feedback regarding our Service, you agree that Wishme may use and distribute such feedback for any purpose without compensation to you.
Please be aware that Wishme may access, store and disclose your account information and Content if required to do so by law, pursuant to an agreement with you, or in the good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of the Company or any other person.
Community Rules
By using the Service, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement.
- use the Service for any harmful or nefarious purpose
- use the Service in order to damage Wishme
- spam, solicit money from or defraud any members.
- impersonate any person or entity or post any images of another person without his or her permission.
- bully, "stalk", intimidate, assault, harass, mistreat or defame any person.
- post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that is hate speech, threatening, sexually explicit or pornographic.
- post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
- post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.
- use another member's account, share an account with another member, or maintain more than one account.
- create another account if we have already terminated your account, unless you have our permission.
Other Members' Content
Although Wishme reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and Wishme cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our support service support@wishmeapp.am
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request using email support@wishmeapp.am
If you contact us regarding alleged copyright infringement, please be sure to include 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 Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- your contact information, including address, telephone number and email address and the copyright owner’s identity;
- 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; and
- 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.
Disclaimers
WISHME PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WISHME DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
WISHME TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
Third Party Services
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Wishme is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. Wishme is not responsible or liable for such third parties' terms or actions.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WISHME, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF WISHME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WISHME’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO WISHME FOR THE SERVICE AND USD100 WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Governing Law
For members residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Texas, U.S.A., excluding Texas’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Service. Notwithstanding the foregoing, the Arbitration Agreement in Section 15 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Venue
Except for members residing in the EU or European Economic Area who may bring claims in their country of residence in accordance with applicable law and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Wishme that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Dallas County, Texas, U.S.A. You and Wishme consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
Indemnity by You
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Wishme, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
Entire Agreement; Other
This Agreement, which includes the Privacy Policy, Cookie Policy and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Wishme regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Wishme account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Wishme in any manner.
