Terms of Service

Wishwave provides you a collection of online resources, including (but not limited to) classified ads, user-managed profiles, forums, and various messaging services, (referred to onward as "the Service") subject to the following Terms of Service ("TOS"). Wishwave uses various terms to refer to these Services: Wishes are the request for or provision of a service that a user of Wishwave posts on Wishwave's site. Specialists are the Service Providers who fulfill your Wish. Clients are people who hire Specialists to perform services mutually agreed upon. By using the Service in any way, you are agreeing to comply with the TOS. In addition, when you use particular Wishwave services, you are agreeing to abide by any applicable posted guidelines for all Wishwave services, which may change from time to time.


Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications or become dissatisfied with Wishwave in any way, your only recourse is to immediately end your use of Wishwave. Wishwave has the right, but is not obligated, to strictly enforce the TOS through self-help, community moderation, active investigation, litigation and prosecution.


Changes to this agreement


Wishwave reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes shall become effective immediately once we post it on Wishwave's site. You must review this agreement on a regular basis to keep yourself aware of any changes. You can find the most recent version of the TOS at: www.wishwave.com/terms/


Privacy


Your privacy is very important to us. We designed our Privacy Policy to inform you how you can use Wishwave and how we collect and can use your content and information. We strongly encourage you to read the Privacy Policy, and to use it to help make informed decisions about what information you decide to post on Wishwave's site.


Sharing Your Content and Information


You own all of the content and information you post on Wishwave and only you can control how it is shared through how much information you place on your profile. To help you control your information better you need to understand how we use your information.


Wishes


Wishes are the requests that a user makes to request or provide a service. Wishes are public and can be read by anyone. Only include in your Wish information that you are comfortable making public. Each Wish thumbnail view will display (1) a picture of primary photo of the Wish, if available, (2) Chosen Display Name and (3) Location underneath the photo (4) the Wish title, and (5) the first few lines of the content of the Wish that fit the designated thumbnail space. Once clicked, the Wish will display the same information as the thumbnail version along with more details about the Wish. If you are not comfortable with disclosing any of the above mentioned information do not include it in your Wish. By placing a photo on a Wish you are implicitly giving us permission to use that photo. It goes without saying that any photograph that you post in any section of Wishwave should be your own property and not violate any person's or business' copyright.


Profiles


Your Profile can be private to users within Wishwave or you can choose to publish your Profile and thereby make your Profile available to others outside of Wishwave.

Rules for all Profiles. All profiles are subject to the following regardless of being private or published. Your profile has a thumbnail view of your profile that is available to others within Wishwave and outside of Wishwave. Your thumbnail Profile will show (1) your Profile name: your chosen display name, or Organization name (2) the location where your Profile is located, (3) the thumbnail of the primary photo of the Profile owner, (4) the Profile's rating, (5) Member since (6) Profile headline and (7) a few words or sentences from the Profile's content. Private Profiles. If you do not publish your profile, only your thumbnail profile is viewable to non-Wishwave users. If a registered Wishwave user clicks your Profile they will have access to whatever information that you have placed in your profile. If a non-registered Wishwave user clicks on your profile they will not have access to your full profile, unless you have chosen to publish your profile.

Published Profiles. Profiles that are published are open to being searched outside of the Wishwave's universe. Not only are they published but Wishwave may feature those profiles within Wishwave and outside of Wishwave. When you publish your profile you are giving Wishwave a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform any information you place in your Profile in connection with the Service and Wishwave's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You are also granting each user of the Service a non-exclusive license to access your Profile through the Service, and to use, reproduce, distribute, display and perform such Profile as permitted through the functionality of the Service and under these Terms of Service. Practically speaking this means that you are giving Wishwave permission to feature your profile and to also promote your profile where appropriate.


Content


Your Content. You can embed videos, add photos, write a poem etc in your Wish or Profile. For content that is covered by intellectual property rights, like photos and videos ("IP content"), by using our service you specifically give us the following permission: you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you cast on or in connection with Wishwave ("IP License"). You are also promising to us that the content that you are placing on Wishwave's site is content that you have permission to use.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). Please understand though, that if anyone has forwarded your information outside of Wishwave we cannot delete or control that information.

We always appreciate your feedback or other suggestions about Wishwave, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Other People's Content. All postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originates. Wishwave makes no warranties about the appropriateness or accuracy, completeness or authenticity of the information contained in any such site. If you feel that the Content is inappropriate or belongs to you please contact Wishwave at legal@wishwave.com.

Users of Wishwave can have links to other websites. Your linking to any other websites found is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Wishwave be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Wishwave does not pre-screen or approve Content, but that Wishwave shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.

The Wishwave site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Wishwave, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with users (organizations and/or individuals) found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the user. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Wishwave shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Wishwave is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Wishwave, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."


Safety


We do our best to keep Wishwave safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

  1. 1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Wishwave.

  2. 2. You will not collect users' content or information, or otherwise access Wishwave, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

  3. 3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Wishwave.

  4. 4. You will not upload viruses or other malicious code.

  5. 5. You will not solicit login information or access an account belonging to someone else.

  6. 6. You will not bully, intimidate, or harass any user.

  7. 7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

  8. 8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.

  9. 9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Wishwave without our prior written consent.

  10. 10. You will not use Wishwave to do anything unlawful, misleading, malicious, or discriminatory.

  11. 11. You will not create an ad that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, sexual orientation, national origin, age, or disability.

  12. 12. You will not impersonate any person or entity, including, but not limited to, a Wishwave employee, or falsely state or otherwise misrepresent your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.) If you do this we reserve the right to use all remedies available at law, including but not limited to litigation.

  13. 13. You will not include personal or identifying information about another person without that person's explicit consent. You must be the authorized representative of the person or the business that you are creating a Profile for on Wishwave's site.

  14. 14. You will not infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

  15. 15. You will not do anything that constitutes or contains any form of advertising or solicitation if: posted in areas of the Wishwave sites which are not designated for such purposes; or emailed to Wishwave users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.

  16. 16. You will not include links to commercial services or web sites, except as allowed in "Services";

  17. 17. You will not advertise any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.

  18. 18. You will not do anything that could disable, overburden, or impair the proper working of Wishwave, such as a denial of service attack.

  19. 19. A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Wishwave's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Wishwave. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Wishwave.

  20. 20. You may not use any form of automated device or computer program that enables the submission of postings on Wishwave without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

  21. 21. You acknowledge that Wishwave may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Wishwave has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.

  22. 22. You acknowledge that Wishwave reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Wishwave shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Use of the Service beyond the scope of authorized access granted to you by Wishwave immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Wishwave.

  23. 23. You will not facilitate or encourage any violations of this TOS.


Registration and Account Security


Wishwave users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:


  1. 1. You will not provide any false personal information on Wishwave, or create an account for anyone other than yourself without permission. Permission means that you are the legally authorized person who is permitted to make an account.

  2. 2. If we disable your account, you will not create another one without our permission.

  3. 3. You will not use Wishwave if you are under 18 years of age.

  4. 4. You will keep your contact information accurate and up-to-date.

  5. 5. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

  6. 6. You will not transfer your account to anyone without first getting our written permission.

  7. 7. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

Protecting Other People's Rights


We respect other people's rights, and expect you to do the same.

  1. 1. You will not post content or take any action on Wishwave that infringes or violates someone else's rights or otherwise violates the law.

  2. 2. We can remove any content or information you post on Wishwave if we believe that it violates this TOS.

  3. 3. We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our Notification of Claims of Infringement page.

  4. 4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

  5. 5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

  6. 6. You will not use our copyrights or trademarks (including Wishwave, the Wishwave and Logos), or any confusingly similar marks, without our written permission.

  7. 7. If you collect information from users, you will: obtain their consent, make it clear you (and not Wishwave) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

  8. 8. You will not post anyone's identification documents or sensitive financial information on Wishwave.


Protecting the Integrity of Wishwave


For Wishwave to truly provide an excellent service we need your help protecting the integrity of Wishwave service. We want all reviews and interactions between the users of Wishwave to be factual and beneficial to the community. To help us in that goal you must understand the following.

A user may not:

  • 1. Contact a large number of users a day.
  • 2. Abuse the flagging function by flagging a large number of profiles or messages.
  • 3. Negatively review (0-2 stars) the same profile multiple times.

Please understand that there may be other rules where appropriate and these rules are to make sure that every user's experience with Wishwave is a positive process. Please also understand that we cannot prevent negative reviews from being written about a user. We do not remove or add stars to a profile based on a complaint. If you feel that your business is unfairly being targeted we encourage to you seek appropriate legal assistance, outside of Wishwave, to mediate your concern with the person placing the negative review.


About Advertisements and Other Commercial Content Served or Enhanced by Wishwave


Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

  • 1. We do not give your content or information to advertisers without your consent.
  • 2. You understand that we may not always identify paid services and communications as such.


Termination


If you violate the letter or spirit of this TOS, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Wishwave to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this TOS shall terminate, but the terms of the TOS still apply.


Disputes


  1. 1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this TOS or Wishwave exclusively in a state or federal court located in San Francisco County. The laws of the State of California will govern this TOS, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco, California for the purpose of litigating all such claims.

  2. 2. If anyone brings a claim against us related to your actions, content or information on Wishwave, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

  3. 3. WE TRY TO KEEP WISHWAVE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING WISHWAVE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT WISHWAVE WILL BE SAFE OR SECURE. WISHWAVE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS TOS OR WISHWAVE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS TOS OR WISHWAVE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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 SUCH CASES, WISHWAVE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


Special Provisions Applicable to Users outside the United States


We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:

  1. 1. You consent to having your personal data transferred to and processed in the United States.

If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Wishwave (such as advertising or payments).


Definitions


  1. 1. By "Wishwave" we mean the features and services we make available, including through (a) our website at www.wishwave.com and any other Wishwave branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform.

  2. 2. By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Wishwave or provide data to us.

  3. 3. By "information" we mean facts and other information about you, including actions you take.

  4. 4. By "content" we mean anything you place on Wishwave that would not be included in the definition of "information."

  5. 5. By "data" we mean content and information that third parties can retrieve from Wishwave or provide to Wishwave through Platform.

  6. 6. By "cast/post" we mean postings and contents created on Wishwave or otherwise made available to us (such as by using an application).

  7. 7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

  8. 8. By "active registered user" we mean a user who has logged into Wishwave at least once in the previous 30 days.


Other


  1. 1. If you are a resident of or have your principal place of business in the US or Canada, this TOS is an agreement between you and Wishwave, Inc.

  2. 2. This TOS makes up the entire agreement between the parties regarding Wishwave, and supersedes any prior agreements.

  3. 3. If any portion of this TOS is found to be unenforceable, the remaining portion will remain in full force and effect.

  4. 4. If we fail to enforce any of this TOS, it will not be considered a waiver.

  5. 5. Any amendment to or waiver of this TOS must be made in writing and signed by us.

  6. 6. You will not transfer any of your rights or obligations under this TOS to anyone else without our consent.

  7. 7. All of our rights and obligations under this TOS are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

  8. 8. Nothing in this TOS shall prevent us from complying with the law.

  9. 9. This TOS does not confer any third party beneficiary rights.

  10. 10. You will comply with all applicable laws when using or accessing Wishwave and the Service.

Privacy policy

Wishwave respects your privacy, and takes seriously the responsibility of protecting your personal and business information that you provide to Wishwave via the Wishwave website (the "Site"). This Privacy and Information Security Policy ("the Policy") discusses the personally identifiable information that we collect about you when you use Wishwave (the "Site") and the Service (the "Service") we provide on or through the Site. This Policy is part of Wishwave's Terms of Service. Please refer to the Terms of Service to get further information regarding your rights and responsibilities as a user of the Wishwave service and to better understand how to use the Service.

Please note that Wishwave may update this Privacy Policy from time-to-time in its sole discretion. It is your responsibility to review the Privacy Policy for any changes each time that you use the Site. You can view the updated Privacy Policy here.

We also caution you to be safe whenever you use Wishwave or any online site. Please understand that Wishwave does not and cannot personally endorse any of the postings or contents. Please check references as you would with other service.

Acknowledgement and Acceptance of the Privacy Policy


BY PROVIDING PERSONALLY IDENTIFIABLE INFORMATION TO US OR BY USING WISHWAVE AND THE SERVICE, YOU AGREE TO THIS POLICY AND THE PRACTICES DESCRIBED IN THE POLICY. WISHWAVE RESERVES THE RIGHT TO CHANGE THIS POLICY AND WILL PROVIDE NOTIFICATION OF ANY MATERIAL CHANGE OR AMENDMENT TO THE POLICY BY NOTICE POSTED TO WISHWAVE. You are advised to consult the Policy regularly for any changes. If you do not agree with these terms, you should not use Wishwave and the Service. By using Wishwave and the Service, you are consenting to our using of your information as set forth in the Policy. "Using" means using cookies on a computer or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information that you have given us prior permission to disclose.

Information Collection and Use


In order for you to take part in Wishwave's services, obtain information from Wishwave or have questions answered by Wishwave, Wishwave may request and/or collect personal information that may include, without limitation, your first name and last initial, birth date (used to verify age), and all information contained in your Profile (defined below), and feedback on Wishwave's services ("Personal Information"). This information may be entered into, including but not limited to, your Profile/Wish depending on your use of the Service. A Wish on Wishwave is an ad describing the services that the user requests or provides; it consists of texts, photos, video clips and other multimedia features and the user-specified search criteria (fee, availability, etc). Profile on Wishwave is an online space that users maintain as their identities to interact with their prospective Clients or Specialists (i.e. service providers); it consists of similar contents as Wish does such as text, photos, video clips and other multimedia features, Your Profile should contain information that you want other users to know about you.

By entering Personal Information on the Site, you are consenting to our use of the Personal Information for purposes related to the Site and the services offered and/or provided on or in connection with the Site. Please keep in mind that when you give Personal Information you are giving us and third parties engaged by us permission to contact you and/or send you promotional and/or other marketing information about services and offerings. We will not sell, share, or rent this information to others in ways different from those disclosed in this Privacy Policy. We do not intend to collect information from children under 18 years of age. If we discover that we have inadvertently collected information from a child under 18 years of age, we will promptly take all reasonable measures to delete that data from our systems.

This site uses one or more web analytics services. These services may record mouse clicks, mouse movements, scrolling activity as well as text you type in the Site. These services do not collect personally identifiable information that you have not voluntarily entered in this website. We are using the information collected by these services to improve the usability of the Site.


Information Sharing


Information Collected During Registration. In the registration process, Wishwave collects registration information from its users, including name, Profile name, birth date, password, and contact information such as external email and location ("Personal Information") that may identify you. Each of these different types of information may be used to provide Users with access to Wishwave and the Service, including, but not limited to, your Profile page and Wishes, other User's profile pages and Wishes, advertising, promotional pricing services, ability to contact other Users of the Service, and participating in the Service. Registration information is also used to authenticate users and recall their Profile pages.

Information Collected When You Visit Wishwave. Whenever you use Wishwave and the Service, we collect and store information of Users in order to provide communications and the Service. This data is gathered from a variety of sources and enables Wishwave to create personalized webpages, provide the Service to Users, and verify that the webpages are controlled by those who represent to claim them.

When you visit Wishwave, servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the webpages you visit, the search terms you use, and any advertisements or links on which you click. For most users, accessing the Internet from an Internet service provides an IP address will be different every time you log on. These IP addresses are also information collected for the log data. Wishwave uses Log Data to monitor the use of Wishwave and the Service, and for Wishwave's technical administration.

What does Wishwave do with that information? Information, including, but not limited to, your Profile name profile photo, and any other personally identifiable information you have included in your profile, reviews, and use of the Service may be shown to other Users of the Service. Your chosen display name and voluntarily disclosed contact information may also be used when you send a message through Wishwave and the Service. You should be aware that when you voluntarily disclose personally identifiable information via your Profile, reviews, messages, forums, postings, and in using the Service; that information, along with any substantive information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from other posters or third parties. Such activities are beyond the scope of Wishwave. PLEASE DO NOT POST ON WISHWAVE OR ANY OTHER AREAS ANY PERSONAL INFORMATION THAT YOU EXPECT TO KEEP PRIVATE

Using Service Features. Wishwave and the Service include features in which Users may share information and send personalized messages to other Users. If you use this feature, Wishwave will ask you for the information needed to send the message and automatically send such messages and information. In using this feature, Wishwave stores the information for the purpose of sending the messages and use of Wishwave and the Service.

Wishwave may use your information to fulfill your requests for services (Wish cast); offer services that may be of interest to you; customize the advertising and content that you see on Wishwave; facilitate your use of Wishwave; manage your account and your preferences; analyze use of and improve Wishwave and the Service; identify and protect against fraud and/or misuses of Wishwave and the Service; and enforce the Terms of Service.

When you request or offer services via Wishwave, Wishwave will share certain Personal Information with the relevant user so that they can interact with you. By entering Personal Information on this Site, you consent to the disclosure of your Personal Information to Wishwave affiliates, partners and non-affiliated third parties selected by Wishwave, as well to the specialists about whom you have submitted requests. While Wishwave will only share your Personal Information with users with whom you have communicated with, Wishwave makes no representation or warranty as to the security or privacy practices of non-affiliated third parties and specialists. For more information regarding the privacy policies of third parties and specialists, please refer to their respective websites.

We may share aggregated demographic information with third party sponsors and advertisers. This aggregated demographic information is not linked to any of your personal information that can identify you. In addition, we may disclose any information collected from this Site (a) if required or permitted pursuant to any applicable law, regulation, or court or administrative order; (b) in connection with any user's violation of posted Terms of Service for this Site or other agreements with Wishwave; (c) to protect the property of Wishwave or its affiliates; or (d) to protect the personal safety of employees of Wishwave or its affiliates, other users of this Site, or a member of the public. Wishwave also may disclose and/or transfer Personal Information to a purchaser or transferee of all or a portion of Wishwave's assets in conjunction with the sale or transfer of such assets.

Announcements, Messages, and Newsletters. Wishwave will send you a welcome/confirmation email when you register for Wishwave and the Service. Receipt of this email is required to use Wishwave and the Service and helps us authentic who the user is. Wishwave might periodically email you with administrative messages that are necessary for your use of Wishwave to be smooth. Additionally, Wishwave offers subscriptions to Wishwave's newsletters. These newsletters keep users abreast of new developments within Wishwave and allow users to learn of promotions and other items beneficial to the user. To opt on to our newsletter, you will be asked for information, such as your e-mail address. This email address will be used for this feature. You may unsubscribe at any time by following the instructions contained in the email we send you.


Security


This Site uses industry-standard security measures to protect certain Personal Information. However, no data transmitted over or accessible through the public Internet can be guaranteed to be 100% secure. As a result, while we attempt to protect Personal Information, Wishwave cannot ensure or warrant that Personal Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network.


Links


This Site may contain links to other websites. Please be aware that Wishwave is not responsible for the privacy practices or policies of such other websites. Please review those other websites' privacy practices and policies.


Cookies


Cookies May Be Necessary. Like most websites, Wishwave requires cookies to function properly. Cookies are small text files that reside on a User's computer and identify you as a unique user. We use cookies to refine Wishwave and the Service and to tailor the User experience. You should be aware that Wishwave cannot control the use of cookies by advertisers or any information advertisers may gather from their use of cookies. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. However, you should note that cookies may be necessary to provide you certain features (e.g., customized information and use of Wishwave and the Service) available on Wishwave. If you reject all cookies, you may not be able to use Wishwave and the Service that requires you to "log in". You may also be unable to take full advantage of Wishwave and the Service.


Tracking Technologies


Web Beacons. Web Beacons/ Web Bugs (known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of a sentence. Web beacons may be used to deliver or to communicate with cookies, to count users who have visited certain pages and to understand usage patterns. Wishwave may also include web beacons in promotional (or other) email messages or newsletters to determine whether messages have been opened and acted upon. Wishwave may also receive an anonymous identification number if you come to Wishwave from an online advertisement displayed on a third party website.


Shared Information


Agents and Third Parties. Wishwave might employ other companies and people to perform tasks on our behalf and would need to share your information with them to provide products or services to you. Without your permission, these agents and third parties do not have any right to use personal information Wishwave shares with them beyond what is necessary to assist us. Wishwave may allow third party advertising companies or ad networks to display advertisements on Wishwave. Wishwave does not provide any personal information to these companies; however, these third parties may use tracking tools, such as cookies, to collect information about computers used to view or interact with their advertisements. Everyone, specialists and also clients, has a profile on Wishwave. The following information applies to both specialists and clients.

Profiles-non Published. Profile information is displayed to registered users of Wishwave in connection with Wishwave and the Service. As part of Wishwave and the Service, you will receive from Wishwave and other users and partners email and other communications relating to your profile and/or communications related to your use of Wishwave and the Service. Please note: if you post information about yourself or others, or communicate with others using Wishwave and the Service, Wishwave cannot control who reads your communications and what others may do with such information. Please use caution in listing personal information.

Profiles-Published. A Profile that is published has been made public. Publishing a profile allows users who are not registered with Wishwave to view your complete profile.

Profiles-Thumbnails. All Profiles will have a Thumbnail version of the Profile. The Thumbnail will contain the following information: (1) Profile name or Business name (2) location where your Profile is located, (3) the Thumbnail of the primary photo of the Profile owner, (4) the Profile's rating (if you are a specialist), (5) Member since (6) Profile headline and (7) a few words or sentences from the Profile's content. This Thumbnail version is public and can be searched by those outside of Wishwave. However, only those within Wishwave will be able to see the full expanded Profile.

Wishes. Wishes are both completely searchable and public. Please only include information on your Wishes that you want to be made public. Any information that you desire to remain private please do not place in your Wish. Use caution in posting any personal information in your Wish. If you post information about yourself and others in the Wish, Wishwave and the Service cannot control who reads your Wish and what others may do with the information contained in your Wish.

Promotions, Sweepstakes, and Contests. From time to time, Wishwave may host promotions, sweepstakes, or contests. You may be asked to provide personal information or permit the transfer to a third party of your personal information in connection with such promotion, sweepstake, or contest. It will be disclosed at the point of collection or transfer who is collecting or transferring the information and whose privacy policy applies, and it will be your choice whether or not you wish to permit such transfer or collection of personal information to a third party.

Transfers. Wishwave will not rent, sell, or share personal information about you with nonaffiliated parties except as specified in the Policy to provide products or services you have requested or when Wishwave has your permission. Wishwave may choose to buy or sell assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. Wishwave will transfer information about you if Wishwave is acquired or merged with another company. In this event, Wishwave will notify you by email or by putting a prominent notice on Wishwave before information about you is transferred and becomes subject to a different privacy policy. You will have the opportunity to opt out of any such transfer if the new entity's planned use of your information differs materially from that set forth in this Policy.


Protection of Wishwave and Others.


Wishwave may release personal information when we believe in good faith that the release is necessary to comply with the law; enforce or apply the Terms of Service, Privacy Policy, and other agreements; or to protect the rights, property, or safety of Wishwave, our employees, our Users, or others. Wishwave may disclose personally identifiable information to parties in compliance with Wishwave's Terms of Service, as Wishwave in its sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, Wishwave may disclose name, street address, city, state, zip code, country, phone number, email address, and company name. This includes, without limitation,

1. Third Party Websites

1. Wishwave's Policy Does Not Apply. Except as otherwise expressly provided in the Privacy Policy ('Policy'), the Policy only addresses the use and disclosure of information that Wishwave collects from you. Wishwave may contain links to other websites. The fact that Wishwave is linked to another website is not an endorsement, authorization, or representation of our affiliation with that third party. Wishwave and the Service are collaborative, and may contain links to multiple third party sites on the Internet, including many that have different privacy and security policies and practices than Wishwave. If you disclose your information to others, whether they are Users on Wishwave or on the internet, different policies may apply to their use or disclosure of the information you disclose to them. Wishwave does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Wishwave makes no representations or warranties about and are not responsible for the policies and practices of those sites linked to Wishwave or its users. We urge you to consult the policies available on those sites to further understand their practices.

2. Accessing, Correcting, and Changing Registration and Contact Information

1. Registration Information. If you need to update or change your registration information, you may do so by editing your information on Wishwave. To update and/or access your information, log on to Wishwave and select your profile setting options.
2. Cancelling or Terminating Your Account. If you choose to cancel your account and cease using Wishwave and the Service, please be aware that Wishwave may retain information in our backup and/or archival copies of our database. Wishwave may retain information for as long as required, allowed, or believe it useful to retain, but do not undertake any retention obligations. Wishwave may dispose of information in its discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records.

3. Security

1. Protect Your User Information. Wishwave has implemented processes that are designed to protect User information and maintain security. Each registered User has a unique ID (registered email address) and password which is required to access their user information. Your Wishwave Account Information is protected by your password for your privacy and security. It is the User's responsibility to protect the security of their login information. Wishwave's services are located in secure server environments. Firewalls and other security technologies are employed to prevent interference or access from outside intruders; however we cannot guarantee the security of User account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of User information at any time.


Acknowledgement and Acceptance of the Privacy Policy


BY PROVIDING PERSONALLY IDENTIFIABLE INFORMATION TO US OR BY USING WISHWAVE AND THE SERVICE, YOU AGREE TO THIS POLICY AND THE PRACTICES DESCRIBED IN THE POLICY. WISHWAVE RESERVES THE RIGHT TO CHANGE THIS POLICY AND WILL PROVIDE NOTIFICATION OF ANY MATERIAL CHANGE OR AMENDMENT TO THE POLICY BY NOTICE POSTED TO WISHWAVE. You are advised to consult the Policy regularly for any changes. If you do not agree with these terms, you should not use Wishwave and the Service. By using Wishwave and the Service, you are consenting to our using of your information as set forth in the Policy. "Using" means using cookies on a computer or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information.

Contact Information
If you would like to contact us with questions or comments concerning the accuracy and/or privacy of your Personal Information, or if you believe that Wishwave has not adhered to this Privacy Policy, please notify us by contacting legal@wishwave.com.

Notification of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Wishwave's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at

legal@wishwave.com
or:
Copyright Agent
Wishwave
123 10th Street, San Francisco, CA 94103

Please provide our Agent with the following Notice:
a) Identify the material on the Wishwave site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.

Wishwave will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

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