Terms of Use
Welcome to MetaWishlist! Before you register for an account,
you must read and agree to the MetaWishlist Terms of Use and the
following terms and conditions and policies, including any future
amendments (collectively, the "Agreement"):
- MetaWishlist Privacy Policy – How we maintain and protect your personal information in MetaWishlist
Although we may attempt to notify you via email when major changes
are made, you should visit this page periodically to review the terms.
MetaWishlist may, in its sole discretion, modify or revise these
terms and conditions and policies at any time, and you agree to be
bound by such modifications or revisions. If you do not accept and
abide by this Agreement, you may not use the MetaWishlist service.
Nothing in this Agreement shall be deemed to confer any third party
rights or benefits.
- Description of Service. MetaWishlist is a free, wish
list management application (the "Service"). You understand and agree
that the Service is provided on an AS IS and AS AVAILABLE basis.
MetaWishlist disclaims all responsibility and liability for the
availability, timeliness, security or reliability of the Service.
MetaWishlist also reserves the right to modify, suspend or
discontinue the Service with or without notice at any time and without
any liability to you.
- Personal Use. The Service is made available to you for your
personal use only. Due to the Children's Online Privacy Protection Act
of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm),
you must be at least thirteen (13) years of age to use this Service.
You must provide current, accurate identification, contact, and other
information that may be required as part of the registration process
and/or continued use of the Service. You are responsible for
maintaining the confidentiality of your Service password and account,
and are responsible for all activities that occur thereunder. MetaWishlist
reserves the right to refuse service to anyone at any time
without notice for any reason.
- Proper Use. You agree that you are responsible for your own
communications and for any consequences thereof. Your use of the
Service is subject to your acceptance of and compliance with the
Agreement. You agree that you will use the Service in compliance with
all applicable local, state, national, and international laws, rules
and regulations, including any laws regarding the transmission of
technical data exported from your country of residence. You shall not,
shall not agree to, and shall not authorize or encourage any third
party to: (i) use the Service to upload, transmit or otherwise
distribute any content that is unlawful, defamatory, harassing,
abusive, fraudulent, obscene, contains viruses, or is otherwise
objectionable as reasonably determined by MetaWishlist; (ii)
upload, transmit or otherwise distribute content that infringes upon
another party's intellectual property rights or other proprietary,
contractual or fiduciary rights or obligations; (iii) prevent others
from using the Service; or (iv) use the Service for any fraudulent or
inappropriate purpose. Violation of any of the foregoing may result in
immediate termination of this Agreement, and may subject you to state
and federal penalties and other legal consequences. MetaWishlist
reserves the right, but shall have no obligation, to investigate your
use of the Service in order to determine whether a violation of the
Agreement has occurred or to comply with any applicable law,
regulation, legal process or governmental request.
- Content of the Service. MetaWishlist takes no
responsibility for third party content (including, without limitation,
any viruses or other disabling features), nor does MetaWishlist
have any obligation to monitor such third party content. MetaWishlist
reserves the right at all times to remove or refuse to distribute
any content on the Service, such as content which violates the terms of
this Agreement. MetaWishlist also reserves the right to access,
read, preserve, and disclose any information as it reasonably believes
is necessary to (a) satisfy any applicable law, regulation, legal
process or governmental request, (b) enforce this Agreement, including
investigation of potential violations hereof, (c) detect, prevent, or
otherwise address fraud, security or technical issues, (d) respond to
user support requests, or (e) protect the rights, property or safety of
MetaWishlist, its users and the public. MetaWishlist will not
be responsible or liable for the exercise or non-exercise of its rights
under this Agreement.
- Intellectual Property Rights. MetaWishlist's Intellectual Property Rights.
You acknowledge that MetaWishlist owns all right, title and
interest in and to the Service, including without limitation all
intellectual property rights (the "MetaWishlist Rights"), and such
MetaWishlist Rights are protected by international intellectual
property laws. Accordingly, you agree that you will not copy,
reproduce, alter, modify, or create derivative works from the Service.
You also agree that you will not use any robot, spider, other automated
device, or manual process to monitor or copy any content from the
Service. The MetaWishlist Rights include rights to (i) the Service
developed and provided by MetaWishlist; and (ii) all software
associated with the Service.
Your Intellectual Property Rights. MetaWishlist does not
claim any ownership in any of the content that you upload, transmit or
store in your MetaWishlist account. We will not use any of your
content for any purpose except to provide you with the Service.
- Representations and Warranties. You represent and warrant
that (a) all of the information provided by you to MetaWishlist to
participate in the Services is correct and current; and (b) you have
all necessary right, power and authority to enter into this Agreement
and to perform the acts required of you hereunder.
- Privacy. As a condition to using the Service, you agree to
the terms of the MetaWishlist Privacy Policy as it may be updated
from time to time. MetaWishlist understands that privacy is
important to you. You do, however, agree that MetaWishlist may
monitor, edit or disclose your personal information, if required to do
so in order to comply with any valid legal process or governmental
request (such as a search warrant, subpoena, statute, or court order),
or as otherwise provided in these Terms of Use and the MetaWishlist Privacy Policy.
- Account Inactivity. After a period of inactivity, whereby a
user fails to login to an account for a period of twelve months, MetaWishlist
reserves the right to disable or terminate the account. If an
account has been deactivated for inactivity, the username associated
with that account may be given to another user without notice to you or
such other party.
- Termination; Cancellation. You may cancel your use of the Services and/or terminate
this Agreement with or without cause at any time by emailing cancelaccount@metawishlist.com.
MetaWishlist may at any time and for any reason terminate the
Services, terminate this Agreement, or suspend or terminate your
account. In the event of termination, your account will be disabled and
you may not be granted access to your account or any files or other
content contained in your account although residual copies of
information may remain in our system. Except as set forth above or
unless MetaWishlist has previously canceled or terminated your use
of the Services (in which case subsequent notice by MetaWishlist
shall not be required), MetaWishlist will notify you via email of
any such termination or cancellation, which shall be effective
immediately upon MetaWishlist's delivery of such notice. Sections
3, 4, 5, 7, and 9 - 11 of the Agreement shall survive expiration or
termination.
- Indemnification. You agree to hold harmless and indemnify
MetaWishlist, and its subsidiaries, affiliates, officers, agents,
and employees from and against any third party claim arising from or in
any way related to your use of the Service, including any liability or
expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and attorneys' fees,
of every kind and nature. In such a case, MetaWishlist will
provide you with written notice of such claim, suit or action.
- Choice of Law; Jurisdiction. These Terms of Use will be
governed by and construed in accordance with the laws of the State of
Texas, United States of America, without giving effect to its conflict of
laws provisions or your actual state or country of residence. Any
claims, legal proceeding or litigation arising in connection with the
Service will be brought solely in Texas, United States of America, and you
consent to the jurisdiction of such courts.