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/
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 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.
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.
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 firstname.lastname@example.org.
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."
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:
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:
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
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:
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:
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.
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:
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.
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.
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.
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 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.
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.
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.
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.
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.
Protection of Wishwave and Others.
1. Third Party Websites
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.
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.
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.
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
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).