Last update, 2018-05-16
Welcome to Wish Explorer! The “Terms of Service” are a legal agreement for the terms of using Wish Explorer. Please read them carefully, and contact us if you have any questions.
The following “Terms of Service” constitute an agreement between you (“you”, “your”) and Wish Explorer (“Wish Explorer”, “App”, “we”, “us”, “our”), regarding the access to our mobile app “Wish Explorer” (the “App”), the use of the wishexplorer.com website, any other websites or portions thereof owned or operated by Wish Explorer (collectively, the “Website”), and any services, products, resources, or features made available through the App and/or Website (collectively, the “Service”). Wish Explorer may also offer other Services governed by different Terms of Service.
We reserve the right to change or update the Terms of Service at any time, as we consider appropriate. Changes or updates shall become effective immediately upon being posted on the Website or email notification. Your continued use of the Service upon changes or updates constitutes your affirmative acceptance to abide and be bound by the amended Terms of Service. The Terms of Service may not be amended in any other as the here stated manner.
You are granted a limited, non-exclusive, non-transferable, and revocable license to use our Services in agreement with Terms of Service and our further policies including our Acceptable Use Policy and Privacy Policy.
The Services of Wish Explorer may only be used if you can form a binding contract, and only in compliance with these Terms of Service, as well as all applicable laws. Except where permitted by law, children under the age of 13 may not use or access Wish Explorer. If you are a resident of a state, province or country that imposes further or different age requirements for disclosure of personally identifiable information, you certify by registering as a user that our use of personally identifiable information (see Privacy Policy) does not violate the applicable laws or regulations of your state, province or country of residency.
If you live in a country in the European Union, you must be at least 16 years old to use our Services. If you are not old enough to have authority to agree to our Terms in the European Union, your parent or guardian must agree to our Terms on your behalf.
If you register on behalf of a company, organization, or other entity, then “you” includes you and that entity. By the registration, you warrant that you are authorized to grant all permissions and licenses provided in these Terms of Service and that you agree and bind the entity to these Terms of Service on the entity’s behalf. You agree that we may automatically upgrade our provided software on your devices such as computers, phones, or tablets and that these Terms of Service will apply to such upgrades.
This Service is not intended for children and we do not knowingly collect any personally identifiable information from children under the legal age. In the USA, you certify by your access or the usage of Wish Explorer that you are 13 years of age or older. Parents or legal guardians may not agree to these Terms of Service on behalf of children below the legal age. Parents or other adults may create and maintain an account for children either as a sub-account or an additional account, for which no personally identifiable information regarding the child should be submitted.
Wish Explorer provides you the option to publically display your “wishes” in the form of photos, links, text etc. You retain all rights on anything that you make available through our Services to others and are solely responsible for this content. By publically displaying your content, you provide Wish Explorer and its users a royalty-free, worldwide, non-exclusive, sublicensable, transferable license to use the content in ways appropriate for the Services of Wish Explorer. This explicitly includes any way of distribution, reproduction, modification, storing, or displaying of your content through Services of Wish Explorer. You also agree that information that you provide to us regarding improvements of our Service can be used by Wish Explorer without an obligatory compensation to you or any other restrictions. In case your account is inactivated, deleted, or content is removed from your account, we may keep some content for purposes of review or backup. Your content that has already been used or shared by others can be used by Wish Explorer and its users as stated above. We also retain the right, but not the obligation, to monitor, edit or delete any content or portions thereof in our own discretion. This will particularly be applied when in our belief content violates our terms or policies.
The Copyright Policy of Wish Explorer adheres to the Digital Millennium Copyright Act.
We do our best to protect and save your data. However, it cannot be warranted that our system won’t be breached. Therefore, we strongly advise to immediately inform us as soon as you notice any illegitimate use of your account or data. Companies, organizations, or other entities are responsible for their accounts and have to take appropriate measures to restrict access only to authorized individuals.
Using our Service, you may be directed to content provided by third-parties that Wish Explorer does not host, provide, or control in any way. Third-party links, sites, and services are subject to own rules and policies. Wish Explorer is in no way responsible for content of a third party. You agree that Wish Explorer is not responsible and has no liability in regard to your interactions with any third-party, their websites, content, information, products, or services. You agree to use third-party content at your own risk.
Your license can be terminated at Wish Explorer’s sole discretion with or without a justification, a reason, or a notice to you. A termination of your license by Wish Explorer does not mean that you are not bound by Sections 3, 7, 8, 9, 10, 11 and 12.
You agree to indemnify and hold harmless Wish Explorer and its employees, agents, officers, and directors against and from any demands, claims, suits, liabilities, disputes, proceedings, damages, costs, expenses, losses, including accounting and legal fees in any way associated to your breach of any of our Terms, your content, or your interactions with our Services.
Wish Explorer does provide all Services on an “as available” or “as is” basis and does not provide any warranties for the Services or the content whether implied or stated. You know and agree that content may be inappropriate for your purpose or for children and may be objectionable or incorrect. We also do not assume any liability or take responsibility for your content or content of other users or third parties distributed using Wish Explorer. Wish Explorer also explicitly disclaims any and all warranties and conditions arising out of commerce, trade, bargaining and dealing, suitability for a specific purpose, merchantability, or non-infringement.
In no event shall Wish Explorer be liable for any special, incidental, consequential, punitive, exemplary, commercial, or any other direct or indirect damages, lost revenues, lost data, lost profits, loss of good-will, other intangible losses, device malfunctions, or app malfunctions, even if we knew or could have known of their possibility, arising out of or in connection with your use or inability to use our App, website, or Services. This exclusion of liability also applies to any disputes, damages, or claims resulting from authorized access, unauthorized access, or changes of your content, data, or transmissions and to any inappropriate, offensive, or illegal content or behavior of other users of Wish Explorer or a third party. The liability of Wish Explorer shall be limited to the maximum extent permitted by law. By accepting our Terms of Service, you specifically agree that in no event Wish Explorer’s aggregate liability shall exceed one hundred U.S. dollars (U.S. $100.00) or your accumulated payments for the Services of Wish Explorer of the last three months.
These Terms of Service and further policies of Wish Explorer are subject to the laws of the Federal Republic of Germany. Wish Explorer and you waive all other law, including any international trade law and the law at your place of residence or use of the Service (if other than Germany). In the event of a dispute you might have with Wish Explorer, you agree first to attempt to resolve the dispute with us informally by contacting us. In the case that the dispute cannot be resolved within 20 days after contacting us, you or Wish Explorer may start a formal proceeding. You are not allowed to use Wish Explorer or its Services in any way that violates applicable state, federal, or international law including publically posting content that constitutes a criminal offense or gives rise to civil liability.
These Terms of Service, the Privacy Policy together with further terms and policies shall supersede any prior terms you have with Wish Explorer regarding the Services and constitute the full set of provisions for the Services of Wish Explorer. To the maximum extent permitted by law, any unenforceable provision of this Terms of Service shall be enforced. The remaining provisions shall not be affected and shall stay enforceable to the maximum extent permitted by law. Our failure to act or a waiver on any term or provision does not constitute a further or continuing waiver to that or any other term or provision. Only Wish Explorer may transfer or assign any terms, rights, or licenses granted in the Terms of Service. You also agree that Wish Explorer decides in its own discretion about means for notification including receiving legal notifications by email or through features of the App.