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Terms and Conditions
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These Terms of Service constitute a legally binding agreement between you (herein referred to as the 'User') and MyWishes.net (herein referred to as 'MyWishes.net'), owned and operated by Smart Foxes, Alberta, Canada, for the use of an wishlist account (herein referred to as the 'Service').
The User may set-up as many wishes as are required under a single account, provided that such an account is for the sole use of the User for his/her own personal use.
The User shall not use the services of MyWishes.net for any activity which is either unethical or illegal. This shall include the storage and publishing of any material for any illegal purpose or which is in any way connected with an illegal activity. No material or links to the material may be published which violates the rights of another party including, but not limited to, the right to copyright, the right to confidentiality and the right to privacy. The User shall not publish any material or links to the material which carries either explicitly or by implication, any threat, libel, racism or otherwise obscene content. The User shall not publish any material or links to the material of a sexually explicit nature (if there is any doubt about whether or not material might fall under the category of 'sexually explicit' the User shall consult MyWishes.net before publishing such material). The User shall not post links to any sites which may in any manner, either intentionally or unintentionally, cause harm or inconvenience to the visitor. The User shall not post links to any site which is deemed illegal by any local, national or international law or treaty.
The User may not use this Service, either directly or indirectly, for the purposes of spamming.
Spamming is defined as the practice of sending out unsolicited email. That is to say, the sending of email messages to any addressee who has not indicated their willingness to receive such email messages.
The User may not use the Service to promote any product or service.
In the event of a complaint being received that a User is spamming, MyWishes.net reserves the right to immediately suspend Service to the User. MyWishes.net will then undertake to investigate the complaint and shall be the sole arbiter in reaching a decision as to the justification for that complaint. If MyWishes.net adjudges that spamming has taken place, the User account will be terminated immediately. In addition, should MyWishes.net suffer any loss or damage, either directly or indirectly, as a result of a User spamming, the User shall be liable for the payment of all loses and damages.
The User agrees to indemnify MyWishes.net from any claim or demand, including legal fees, made by a third party and due to or arising out of the User's use of MyWishes.net's services, the violation of these terms and conditions by the User, or the infringement by the User of any intellectual property or other rights of any individual or organization or which result from any threatening, libellous, racist, or otherwise obscene or offensive material contained in any User posting through MyWishes.net.
The User shall fully compensate MyWishes.net (including all costs and damages) should MyWishes.net suffers any financial loss arising out the User's misuse of MyWishes.net's service.
MyWishes.net reserves the right to modify its service or change its terms and conditions of this agreement. Any such modification or changes shall be published on its web site and all existing Users will be notified of such changes in writing (by email). The continuation of service by a User after such notification has been received will be deemed an acceptance of the new agreement by the User.
MyWishes.net Services may be terminated by MyWishes.net to this agreement at any time without prior notice.
The User agrees that MyWishes.net has the right to delete all data, files and other information stored on behalf of the User from MyWishes.net's server once the User's account has been terminated, regardless of the reason for such termination.
MyWishes.net reserves the right to suspend Service to the User at any time and for any reason, without notice, should MyWishes.net deem such suspension of Service necessary.
MyWishes.net makes no warranties of any kind, whether expressed or implied, for the Service it is providing. MyWishes.net shall disclaim any warranty of merchantability or fitness for a particular purpose. MyWishes.net will not be liable for any damage suffered. This includes, but is not limited to, the loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by negligence on behalf of MyWishes.net, or its employees, or the User's errors or omissions.
Should any provision of this agreement be held to be illegal, invalid or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected unless otherwise stated.
In requesting the Service, the User is, by implication, accepting these Terms of Service.
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