Terms of Use Agreement
ENTER WISHFINITY
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE ARE OUR USAGE POLICIES AND AGREEMENT IS EFFECTIVE AS OF NOVEMBER 24, 2022.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with EGGTOOTH LLC, also known as EGGTOOTH, located at 6500 University Ave., Suite 100, Windsor Heights, IA 50324 and our subsidiaries and affiliates, in association with the use of the EGGTOOTH Site, which includes Wishfinity, (the "Site") and its Services, which shall be defined below. “Wishfinity” is intended for those 13 years of age and above.
DESCRIPTION OF SITE SERVICES OFFERED
The Site is a social networking website, mobile applications and advertising network which has the following description:
Promote advertiser's campaigns to Wishfinity customers and other social networking users such as Facebook, Instagram, Twitter, LinkedIn, Etc.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual register's for our Services, through the process of creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available through our Site and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of EGGTOOTH LLC. At its discretion, EGGTOOTH LLC may offer additional Site Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. EGGTOOTH LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that EGGTOOTH LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such EGGTOOTH LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings. The user agrees to use the Service at their own risk and assume responsibility for their actions and experience. Wishfinity nor EGGTOOTH LLC deliver products or “wishes” in the physical sense and fulfillment is an action solely between the user and the provider of the product or “wish”. EGGTOOTH LCC offers no guarantees, warranties, refunds, exchanges, obligations, or other liabilities with the use of the Service.
REGISTRATION
To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving EGGTOOTH's Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, EGGTOOTH may collect information such as your name, e-mail address, birth date, gender identity, etc. Additionally, to use optional features, EGGTOOTH may collect information such as links to your payment accounts (PayPal, Venmo, Cash App, etc.) and associated emails, phone numbers, and other verification data associated with each; your wishes; wishlists; and followed retailers. You can edit your account information at any time. Once you register with EGGTOOTH and sign in to our Services, you are no longer anonymous to us. Upon completion of registration, a public-facing webpage is generated which is identifiable by your username and includes your first name, profile picture and any wish items that you’ve chosen to share. Other personal information is not shared, however, visitors may discern other personal information by how they interpret your first name, profile picture or shared wishes. By default, your wishes are shared on your public wishlist and you have the option to later limit visibility to your connections or yourself or “Friends” using randomized URL obscurity. As with any other internet service, at all times, you should only post and share information that you’re comfortable existing online and should assume anyone can access and possibly re-share, copy, or reuse. EGGTOOTH may collect your clicks, views, and other in-app behavior to improve product performance, analyze the system, and make user recommendations. EGGTOOTH may share some anonymized user behavior data with third-party tools to visualize system analytics.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process including but not limited to real/legal first name, last name, birthdate, phone number, profile image, and associated third-party payment accounts such as PayPal, Venmo, CashApp, etc.; and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
c) acceptance to receive fundamental system notifications and/or emails related to non-marketing centric messages such as sign in link, password reset, support replies, instructional information (welcome message, how to add a wish, how to share a wish, how to add connections, etc.), etc. These correspondences might contain a subordinate promotional element.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, EGGTOOTH LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of EGGTOOTH LLC Services, or any portion thereof. EGGTOOTH LLC also retains the right to use any of your publicly shared “wishes” for promotional use.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected by the Wishfinity Online Privacy Policy. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by EGGTOOTH LLC and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify EGGTOOTH LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. EGGTOOTH LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
At registration, you created a “WishLink” which is a unique URL for you to share your wishlist with whoever you choose. The WishLink is a publicly accessible webpage and it is your sole responsibility to ensure your comfort for what you’ve decided to share. The WishLink word should abide with our code of “CONDUCT,” applicable copyright compliance, and other Terms of Use requirements. Your account should remain in good standing and be active to keep your WishLink. Accounts that are not compliant with these Terms, or remain inactive for more than one year will be forfeited and the WishLink will be made available to another user. Account activity is defined by you logging into your account and taking an action such as adding a new wish, editing a new, editing your profile, or interacting with other users. A WishLink is not owned by the user. If the user allows the WishLink to lapse, they may attempt to re-register and recreate the same WishLink or create another. If the WishLink is no longer available, the user must create another. EGGTOOTH LLC reserves the right to edit, revoke, or reclaim any WishLink at any moment.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the EGGTOOTH Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by EGGTOOTH.
Furthermore, you herein agree not to make use of EGGTOOTH LLC's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or based on race, ethnicity, nationality, religion, gender identity, sexual preference, age, disability, or otherwise objectionable; don’t publish sexual explicit material; don’t incite violence;
b) don’t cause harm to minors in any manner whatsoever; don’t condone or promote harm to animals; don’t condone or promote self-harm;
c) impersonating any individual or entity, including, but not limited to, any EGGTOOTH officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; don’t impersonate another person, organization or entity; don’t engage in unethical or misleading marketing; don’t do anything inaccurate, false, deceiving, or fraudulent, including deceptive URL rerouting or link remapping;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship; don’t upload or create content classified as a “wish” unless it is truly a personal wish;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose; your account is limited to 10,000 entries/wishes and no more than 50 copies of a particular entry/wish without requesting special exceptions;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any EGGTOOTH LLC Services, servers and/or networks that may be connected or related to our Site, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; don’t probe or test our system for vulnerabilities; don’t bypass our authentication protocols; don’t breach our data; don’t tamper, disrupt, or interfere with our system; don’t remove our copyright from the user interface; don’t impose unreasonable load on our system; don’t dissect, decompile, or reverse engineer our system; don’t reuse our source code; don’t interfere or disrupt our service delivery; don’t create accounts that you don’t intend to actively use for your own persona use;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; don’t harass, threaten, or abuse any individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
EGGTOOTH LLC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
EGGTOOTH LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of EGGTOOTH LLC, its visitors, users and members, including the general public.
EGGTOOTH LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by EGGTOOTH LLC or any other content providers supplying content services to EGGTOOTH LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using Wishfinity to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations, as well as the sanctions control program of the United States. Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
c) agree not to use our Site network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
EGGTOOTH LLC shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our Site Services. Therefore, you hereby grant and allow for EGGTOOTH LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of EGGTOOTH LLC's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of EGGTOOTH LLC's sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of EGGTOOTH LLC's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of EGGTOOTH LLC's sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of EGGTOOTH LLC's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of EGGTOOTH LLC's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
Prices, descriptions, and other wish attributes are not guaranteed or binding. The Service bookmarks public webpages, hosted by third-party sellers and other constituents who manage their own items and merchandise. Fulfillment is handled between the user and third-party website owner(s), including transactions, shipping, returns, refunds, etc. See third-party websites for their associated terms, conditions, process, and privacy policy. EGGTOOTH LLC is not responsible for the interactions users have with third-party providers.
CONTRIBUTIONS TO COMPANY SITE
EGGTOOTH LLC provides an area for our users and members to contribute feedback to our Site. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) EGGTOOTH shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; specific wishes that you add to the Site produce randomized URLs as obscurity and EGGTOOTH LLC is not responsible for those who may gain visibility into what you’ve added to your wish list, regardless of the share-ability setting;
c) EGGTOOTH shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of EGGTOOTH; and
e) EGGTOOTH is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold EGGTOOTH LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of EGGTOOTH Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to EGGTOOTH's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that EGGTOOTH LLC may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by EGGTOOTH LLC, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on EGGTOOTH LLC's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that EGGTOOTH LLC has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, EGGTOOTH LLC shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on EGGTOOTH LLC's servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on Wishfinity. It is your agreement to this TOS which establishes your consent to allow EGGTOOTH LLC to store any and all communications on its servers.
MODIFICATIONS
EGGTOOTH LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of Wishfinity, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to play at wishfinity dot com.
As a member, you agree that EGGTOOTH LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your Wishfinity account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with Wishfinity shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within Wishfinity;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS AND AFFILIATES
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that EGGTOOTH LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our Site. EGGTOOTH LLC reserves the right to participate in affiliate advertising programs and collect fees when linking to associated retailers and other sellers. As an Amazon Associate, EGGTOOTH LLC, including the Wishfinity services, may earn from qualifying purchases.
GIFTING PAYMENTS AGREEMENT
By using the Wishfinity gift payments feature, you agree to all terms. Wishfinity gifting payments are intended solely for donating funds from a gift provider to a gift-receiver for the gift-receiver to procure merchandise and items from their Wishfinity wishlist. You may not use Wishfinity as any other monetary exchange or banking system other than gifting. Misuse will result in the immediate deletion of your account AND possibly other accounts associated with your gift payment actions, including the forfeit of any account data and funds associated with third-party payment facilitators such as Stripe, PayPal, Venmo, Cash App, etc. You may only link to your own third-party payment services.
PAYMENT GIFTING PROCESS
By using Wishfinity's gifting payment functionality, you understand that Wishfinity does not order products or services directly. We do not carry inventory or ship merchandise. The Wishfinity platform facilities the "sponsorship" or "donation" of gifts amongst users. As a gift-provider, you are paying Wishfinity to transfer funds from one of your payment methods to one of the payment methods of the gift-receiver. Although a gift-receiver's Wishfinity wishlist(s) suggests how they might apply the funds you gift, it's up to the gift-receiver's discretion how they spend the funds. All gifts you provide are done so at your own risk WITHOUT REFUND, and you fully acknowledge that the gift-receiver may procure the wishlist item, a variation of it, or something entirely different.
Wishfinity makes no claims about how gift-receivers will use funds from gift-providers, nor do we make any associated verifications or demands. As a gift-provider, it is your responsibility to understand how funds will be used and can make no demands. Gifts are one-way donations and may not be used for exchange or a promise of reciprocity. As a gift-provider, you understand not to expect anything in return. Likewise, you may not promise anything in return as a gift-receiver. Wishfinity does not guarantee that the funds paid by the gift-receiver will be used for specific wishes, nor do we ensure the funds are sufficient to buy specific wishes.
By using the Wishfinity platform, you understand that we use third-party payment processors which handle all transactions and are responsible for receiving and sending funds. By using Wishfinity for gifting, you agree to the terms of the payment processors, and you will maintain your own banking details with them. To conduct gifting, Wishfinity reserves the right to contract with these payment gateways and processors the necessary data to perform the gifting transactions between givers and receivers. Wishfinity disclaims responsibility and liability for you violating processors' terms and their actions associated with your relationship with them.
PROHIBITED GIFTING PAYMENT USE
Wishfinity gift payments are intended exclusively for gifting amongst family, friends, and other personal connections, with no expectation of reciprocity of any kind. Do not use Wishfinity to compensate others for rendered work or exchanged products. The Wishfinity platform shall not be used to pay employees, freelancers, contractors, vendors, or other parties for service.
Do not use Wishfinity to distribute material containing sexual acts, nudity, threats, abuse, or discriminatory content based on race, religion, gender, gender identity, sexual preference, physical attributes, mental capacities, or otherwise deemed by Wishfinity to be unfitting of its brand and community.
Do not use Wishfinity to post, collect, offer, trade, sell, store or distribute nudity, pornography, sexual activity, prostitution, escort services, or sexually explicit content in any form, including imagery, voice, text, or other user-to-user messaging. Prohibited content includes explicit, implied, or insinuated nude bodies not wearing clothing that covers genitalia, pubic regions, anus, or nipples and areolas of fem/me presenting bodies. Clothing (including underwear, swimwear, lingerie, clubwear, pasties, etc.) or other opaque solid material must cover prohibited body regions; whereas blurring, pixelation, transparent material, translucent material, and emojis/icons/logos are not acceptable coverings.
Do not use Wishfinity to conduct, support, or enable activities that violate laws or regulations at any jurisdiction, including international, country, state, region, county, city, or otherwise. The depiction, promotion, trade, exchange, or sale of any regulated or criminal material or activity is prohibited. You may not use Wishfinity to encourage or solicit harm, directly or indirectly, toward anyone or any group of people, including physical, mental, psychological, or financial damage. We remove material and possibly freeze funds associated with schemes, scams, stealing, fraud, and any illegal or unethical activity intended to take advantage of Wishfinity, our users, or our partners. We will also report any fraudulent activity to law enforcement and authorities at any and all levels of jurisdiction.
PAYMENT GIFTING POLICY
Wishfinity's payment gifting feature is usable for persons of banking age who can comply with the terms of our payment processors and associated payment methods. The Wishfinity platform renders payments in USD/US$ and some international restrictions may apply. Users outside the United States are responsible for payment compliance within local laws. Wishfinity does not guarantee displayed currency conversions and gift-providers are responsible for understanding what they're paying.
The Wishfinity surcharge fee is communicated at checkout, which covers all costs associated with the third-party processing and our administrative efforts. All transactions are a one-time activity and will not recur. ALL USERS AGREE THAT ALL TRANSACTIONS ARE FINAL AND NON-REFUNDABLE. As a gift-provider, you are funding the wishes of the gift-receiver, and Wishfinity facilitates this gifting. As a gift-provider, if you desire recourse, you must conduct that return with the gift- receiver. If a gift-provider and receiver come to a recourse agreement, Wishfinity's original surcharge fee is still non-refundable, and both parties are responsible for their own new transfer/transaction.
If a gift-provider disputes a transaction or attempts a chargeback, Wishfinity reserves the right to retract the associated payment to the gift-receiver or empose a debit on future gifts ALONG WITH ADDITIONAL FEES to recoup what the payment processors charge Wishfinity and our efforts. Disputes may result in the deletion of BOTH the gift-provider's and gift-receiver's accounts and legal pursuit of Wishfinity's losses.
Our payment processor, Stripe, facilitates transactions with your major credit card(s), including American Express, Mastercard, Visa, and more. They provide a secure payment gateway and sometimes impose further verification before an order is processed. Therefore, in the absence of negligence on our part, Wishfinity is not liable for a loss you may experience due to unauthorized access or transactions using your identity or banking with third-party processors.
If you believe you were wrongly billed, notify the third-party processor Stripe immediately. If the activity was fraudulent, they might commence action with your credit card provider to issue a new card to prevent future fraud. You deem the transactions acceptable if you do not report erroneous charges within 30 (thirty) days after they appear on your account statement, releasing Wishfinity from any liabilities or expectations to reconcile. You are responsible for maintaining an understanding of the third-party processors' terms and dispute procedures. By using Wishfinity for payment gifting, you also agree that our terms may supersede the processors' standard terms.
By using Wishfinity for payment gifting, you take sole responsibility for any tax liability, including applicable local, state, or federal taxation requirements by your governing laws. You are responsible for your own record-keeping, and Wishfinity is not obligated to provide tax documents nor liable for any issues related to your tax obligation.
LINKS
Either EGGTOOTH LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that EGGTOOTH LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource. Affiliate marketer users are not guaranteed that their affiliate IDs will be retained within the Wishfinity systems. EGGTOOTH LLC retains the right to simplify and modify inbound and outbound URLs which can effect tracking and affiliate links. Additionally, the destination of webpages bookmarked in the Wishfinity services may change; and therefore website owners are not guaranteed return web traffic. Problematic links (broke, removed, slow, no longer available, out of stock, high prices, bad reviews, etc.) may be replaced with better performing results. Links to gift cards will default to a predetermined value if the user doesn’t indicate a preferred amount.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that EGGTOOTH LLC's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by EGGTOOTH LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on EGGTOOTH LLC Services (e.g. Content or Software), in whole or part.
EGGTOOTH LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by EGGTOOTH LLC for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF EGGTOOTH LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. EGGTOOTH LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) EGGTOOTH LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) EGGTOOTH LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) EGGTOOTH LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE EGGTOOTH LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF EGGTOOTH LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM EGGTOOTH LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT EGGTOOTH LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release EGGTOOTH LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. EGGTOOTH LLC's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. EGGTOOTH LLC and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
EGGTOOTH LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Site Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the EGGTOOTH LLC trademarks, copyright, trade name, service marks, and other EGGTOOTH LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of EGGTOOTH LLC (Wishfinity, WishLink, Wish SKU, Wish ShelfSpace, Wish Storefront, Virtual Mall, etc.). You herein agree not to display and/or use in any manner the EGGTOOTH LLC logo or marks without obtaining EGGTOOTH LLC's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
EGGTOOTH LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, EGGTOOTH LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The EGGTOOTH LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
EGGTOOTH LLC
Attn: Copyright Agent
6500 University Ave., Suite 100, #311
Windsor Heights, IA 50324
Email: play at Wishfinity dot com
CLOSED CAPTIONING
BE IT KNOWN, that EGGTOOTH LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content as provided by YouTube.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and EGGTOOTH LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to EGGTOOTH LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other EGGTOOTH LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and EGGTOOTH LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and EGGTOOTH LLC, shall be filed within the courts having jurisdiction within the County of Polk, Iowa or the U.S. District Court located in said state. You and EGGTOOTH LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should EGGTOOTH LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to EGGTOOTH LLC as follows:
Mailing Address:
EGGTOOTH LLC
6500 University Ave., Suite 100, #311
Windsor Heights, IA 50324
LAST REVISION DATE
This Terms of Use Agreement was last revised on, and effective as of November 24, 2022.