| Welcome to the WishlistFoundation.org Web Site (the "Site"). Wishlist
Foundation provides this Site as a service to its customers. Please review the
following basic rules that govern your use of our Site (the "Agreement").
Please note that your use of our Site constitutes your agreement to follow and
be bound by these terms. If you do not agree to these terms, please do not use
this Site.
Although you may "bookmark" a particular portion of this Site and
thereby bypass this Agreement, your use of this Site still binds you to the
terms. Wishlist Foundation reserves the right to update or modify these
Terms and Conditions at any time without prior notice. Your use of the WishlistFoundation.org
web site following any such changes constitutes your agreement to follow and
be bound by the Terms and Conditions as changed. For this reason, we encourage
you to review these Terms and Conditions whenever you use this web site.
01. USAGE RESTRICTIONS INTELLECTUAL PROPERTY
All of the content you see and hear on the WishlistFoundation.org web site, including,
for example, all of the page headers, images, illustrations, graphics, audio
clips, video clips, and text are subject to trademark, service mark, trade dress,
copyright and/or other intellectual property rights or licenses held by Wishlist Foundation, one of its affiliates or by third parties who have licensed
their materials to Wishlist Foundation. The entire content of the WishlistFoundation.org
web site is copyrighted as a collective work under U.S. copyright laws, and
coordination, arrangement and enhancement of the content.
The content of the WishlistFoundation.org web site, and the site as a whole, are
intended solely for the personal, noncommercial use by the users of our site.
You may download, print or store selected portions of the content, provided
you (1) only use these materials for your own personal, noncommercial use, (2)
do not copy or post the content on any network computer or broadcast the content
in any media, and (3) do not modify or alter the content in any way, or delete
or change any copyright or trademark notice.
No right, title or interest in any content or materials is transferred to you
as a result of any such activities. Wishlist Foundation reserves complete
title and full intellectual property rights in any content you download, reproduce,
print, redistribute or store from this web site.
Wishlist Foundation is a service mark. Except as noted above, you may not copy,
download, reproduce, modify, publish, redistribute, retransmit, publicly display,
publicly perform or create derivative works from the content without first obtaining
written permission from Wishlist Foundation.
02. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions
disclosed, submitted or offered to WishlistFoundation.org on or by this Site or
otherwise disclosed, submitted or offered in connection with your use of this
Site (collectively, the "Comments") shall be and remain Wishlist Foundation property. Such disclosure, submission or offer of any Comments shall
constitute an assignment to Wishlist Foundation of all worldwide rights,
titles and interests and shall not be limited in any way in its use, commercial
or otherwise, of any Comments. Thus, Wishlist Foundation will own exclusively
all such rights, titles and interests and shall not be limited in any way in
its use, commercial or otherwise, of any Comments. Wishlist Foundation is
and shall be under no obligation (1) to maintain any Comments in confidence;
(2) to pay to user any compensation for any Comments; or (3) to respond to any
user Comments.
You agree that no Comments submitted by you to the Site will violate any right
of any third party, including copyright, trademark, privacy or other personal
or proprietary rights(s). You further agree that no Comments submitted by you
to the Site will be or contain libelous or otherwise unlawful, abusive or obscene
material. You are and shall remain solely responsible for the content of any
comments you make.
03. PRICING POLICY
At WishlistFoundation.org, our commitment is to offer convenience, service,
and product availability on-line at compelling prices every day, with certain
limited time offerings of merchandise at promotional prices. WishlistFoundation
donates proceeds of its sales to several charitable nonprofit organizations.
04. COLORS
We have done our best to display as accurately as possible the colors of the
products shown on the WishlistFoundation.org web site. However, because the colors
you see will depend on your monitor, we cannot guarantee that your monitor's
display of any color will be accurate.
05. CORRECTION OF ERRORS AND INACCURACIES
The information of the WishlistFoundation.org web site may contain typographical
errors or inaccuracies and may not be complete or current. We therefore reserve
the right to correct any errors, inaccuracies or omissions and to change and
update information at any time without prior notice (including after you have
submitted your order). Please note that such errors, inaccuracies or omissions
may relate to product description, pricing and availability. We apologize for
any inconvenience this may cause you. If you are not fully satisfied with your
WishlistFoundation.org purchase you may return it with the original WishlistFoundation.org
packing receipt. Please see our Return Policy.
06. TYPOGRAPHICAL ERRORS
In the event an WishlistFoundation.org product is listed at an incorrect price
due to typographical error or systems error, WishlistFoundation.org shall have
the right to refuse or cancel any orders placed for product listed at the incorrect
price. WishlistFoundation.org shall have the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and your order
is canceled, WishlistFoundation.org shall issue a credit to your credit card account
in the amount of the incorrect price.
07. TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the site/
or completing the registration or shopping process. These terms and conditions,
or any of them, may be terminated by WishlistFoundation.org without notice at any
time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer,
Limitation of Liability, Indemnification and Miscellaneous, shall survive any
termination.
08. NOTICE
WishlistFoundation.org may deliver notice to you by means of electronic mail,
a general notice on the site, or by written communication delivered by first
class U.S. mail to your address on record in WishlistFoundation.org account information.
09 ENFORCEMENT OF TERMS AND CONDITIONS
By accessing and using the WishlistFoundation.org web site, you agree that your
access to and use of the WishlistFoundation.org web site is subject to these Terms
and Conditions, as well as all applicable laws, as governed and interpreted
pursuant to the laws of the State of Pennsylvania, United States of America.
10. USE OF SITE
Harassment in any manner or form of the site, including via e-mail and chat
or by obscene or abusive language is strictly forbidden. Impersonation of others,
including an Wishlist Foundation or other licensed employee, host, or representative
as well as other members or visitors on the site is prohibited. You may not
upload to, distribute, or otherwise publish through this site any content which
is libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may constitute or
encourage a criminal offense, violate the rights of any party or which may otherwise
give rise to liability or violate any law. You may not upload commercial content
on the site or use the site to solicit others to join or become members of any
other commercial online service or organization.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Wishlist Foundation,
its officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses, damages
and costs, including reasonable attorney's fees, resulting from any violation
of these terms and conditions or any activity related to your account (including
negligent or wrongful conduct) by you or any other person accessing the site
using your Internet account.
12. THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, Wishlist Foundation may choose various third-party web sites to link to from its own site.
However, even if the third party is affiliated with Wishlist Foundation,
Wishlist Foundation has no control over these linked sites, all of which
have separate privacy and data collection practices, independent of Wishlist Foundation. Wishlist Foundation has no responsibility or liability for these
independent policies or actions and is not responsible for the privacy practices
or the content of such web sites. These linked sites are only for your convenience
and therefore you access them at your own risk. None the less, Wishlist Foundation seeks to protect the integrity of its web site and the links placed upon
it and therefore requests any feedback on not only its site, but for sites it
links to as well (including if a specific link does not work).
13. DISCLAIMER
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WISHLIST FOUNDATION
DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT.
WISHLIST FOUNDATION DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. WISHLIST FOUNDATION DOES NOT MAKE ANY WARRANTIES
OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS
OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY
OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
WISHLIST FOUNDATION SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS
SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF WISHLIST FOUNDATION HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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