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Terms of Use

Date of Last Revision: 01/12/2010

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

Welcome to Wishpot! These terms of use ("Site Terms") describe the legal framework in which you participate on Wishpot and the Web site located at www.wishpot.com (the "Site"), what your rights and responsibilities are and what you can expect from us. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Wishpot, or its subsidiaries or affiliates, for products, services or otherwise.

Wishpot reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

User Content

You retain all ownership rights to content you publish on Wishpot (" User Content "). Wishpot encourages visitors to its web sites, and sites providing the Wishpot service, to purchase the works of its community members by displaying thumbnail images of your work/products on these sites. You grant Wishpot the right to reproduce, publish and display, and distribute thumbnail images, without other alteration, of the Users Content solely for the purpose of presenting it on Wishpot's web sites, including the web sites of its partners and affiliates, throughout the world. You grant Wishpot and its affiliates and sub-licensees the right to use the name that you submit in connection with such User Content.

You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. Wishpot takes no responsibility and assumes no liability for any User Content posted, stored or uploaded on the Site, or for any loss or damage thereto, nor is Wishpot liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site. Although Wishpot has no obligation to screen, edit or monitor any of the Content posted on the Site, Wishpot reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

User Conduct

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

a. Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that infringes or violates any intellectual property or other rights of any third party or that is defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;

b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

c. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or that contains private information of any third party;

e. Unsolicited promotions, political campaigning, advertising or solicitations;

f. Content that, in the sole judgment of Wishpot, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Wishpot or its users to any harm or liability of any type, including without limitation any viruses, corrupted data or other harmful, disruptive or destructive files; and

g. Any link to another Site which is intended to generate revenues from any affiliate or similar program.

Any use of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Site.

Copyright and Limited License

Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Wishpot logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Wishpot or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials, (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots, scraping or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted or intended on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Wishpot, is strictly prohibited and may result in termination of the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Wishpot has adopted a policy of terminating, in appropriate circumstances and at Wishpot's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Wishpot may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints

If you believe content on Wishpot infringes your copyright you can contact our agent for service of notice as set forth below:

Name: Max Ciccotosto
Address: 911 Western Ave Suite 420, Seattle WA 98104
Telephone Number: (888)-763-3169
Facsimile Number: (888)-763-3169
Email Address: dmca@wishpot.com

Please make sure your notice meets the Digital Millennium Copyright Act requirements.

Trademarks

WISHPOT, the Wishpot logo and any other product or service name or slogan contained in the Site are trademarks of Wishpot and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wishpot or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Wishpot" or any other name, trademark or product or service name of Wishpot without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Wishpot and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Wishpot or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Wishpot logo or other proprietary graphic of Wishpot to link to this Site without the express written permission of Wishpot. Further, you may not use, frame or utilize framing techniques to enclose any Wishpot trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Wishpot's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Wishpot or any third party.

Wishpot makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Wishpot and Wishpot is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Wishpot provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Wishpot of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Third Party Content

Wishpot may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Wishpot does not monitor or have any control over any Third Party Content or third party Web sites. Wishpot does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Wishpot does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Advertisements and Promotions

Wishpot may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Wishpot, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Wishpot is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Wishpot advertisers on the Site.

Account Security

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Wishpot, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Wishpot.

Termination

You can cancel your account at any time by contacting Wishpot customer service. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement). Wishpot may choose to assume that you intended to terminate your account if you do not access it for more than three months. Following termination of your account for any reason (including inactivity), at their sole option, Wishpot and its licensees may continue or stop publicly displaying some or all of your Content.

Other Rules

You agree to comply with our site rules, including, specifically, the Wishpot Privacy Policy, which are incorporated into this agreement, and with all laws and regulations applicable to your access and use of Wishpot and publishing your Content. Unless we explicitly say otherwise, you may not use any automated means (such as scripts) to access Wishpot or collect information from it.

DISCLAIMER

THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WISHPOT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WISHPOT DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL WORK PROPERTY OR BE CONTINUOUSLY AVAILABLE OR THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WISHPOT DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USE OF THE SITE IS AT YOUR OWN RISK.

Wishpot reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Wishpot.

Liability Limits

WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF WISHPOT, THE SITE, OUR SERVICES OR THIS AGREEMENT. IN ANY EVENT, BY ACCEPTING THE WISHPOT TERMS OF USE YOU SPECIFICALLY AGREE THAT WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100. YOU ALSO SPECIFICALLY AGREE THAT YOU SHALL NOT HOLD WISHPOT LIABLE FOR CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH A DISPUTE WITH ANY OTHER USER OF WISHPOT.

Indemnification

You agree to defend, indemnify and hold harmless Wishpot, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Wishpot and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.

Governing Law / Arbitration

This agreement is governed by Washington law as such laws apply to agreements entered into and to be performed entirely within Washington between Washington residents. Any claim arising out of or relating to this agreement or Wishpot shall be settled by binding arbitration in King County, WA in accordance with the American Arbitration Association's commercial arbitration rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim, and no class arbitration proceedings shall be permitted. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Washington law. However, (a) each of us may seek interim relief from a King County, WA court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property, including without limitation our intellectual property rights.

General

This agreement does not create any agency, partnership, JV, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with Wishpot. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. Our suppliers are third-party beneficiaries of this agreement.