IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE OR VIEW THIS SITE. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE, ANY CONTENT SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, IMAGES OR PHOTOGRAPHS (COLLECTIVELY, "CONTENT") THAT MAY BE AVAILABLE THROUGH THE WEBSITE AND ANY SERVICES THAT MAY BE PROVIDED THROUGH THE SITE (COLLECTIVELY, "SERVICES").
Using the Website
While using the Website, you will not:
The Content and the trademarks, service marks and logos contained herein are owned by or licensed to WUAH, the owner of the Website, and are protected under the laws of the United States and other nations. You agree to be bound by the terms and conditions set forth under all trade and service marks, copyright, and hyperlinks in this Policy.
Content on the Website is provided to you "as is" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. WUAH reserves all rights not expressly granted in and to the Website and the Content.
You may access the Content solely for your information and personal use through the normal functionality of the Website. User Content is made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner other than through the normal functionality of the Website.
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that WUAH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to the User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WUAH with respect thereto, and agree to indemnify and hold the WUAH and its affiliates, subsidiaries, parents, directors, officers, employees, members, attorneys and licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
When you provide us with your User Content, you give us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity and database rights (but no other rights) that you have in the Content, in media known now or in the future.
WUAH does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and WUAH expressly disclaims any and all liability in connection with User Content. WUAH does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and WUAH will remove all Content if properly notified that such Content infringes on another's intellectual property rights. WUAH reserves the right to remove User Content in its sole discretion and without prior notice.
Wish Upon A Hero will make every attempt to locate and contact the WISHER for "undeliverable" returned checks. It is the WISHERS responsibility to keep their mailing information accurate. WISHERS will have 90 days to claim their returned checks. After which time all funds will become property of Wish Upon A Hero. Contact us at email@example.com.
Canceling Lost Funds
Wishers who requests to have a check cancelled and reissued, a bank service charge (current rate) will be deducted from the total wish amount. Wish Upon A Hero is not responsible for lost checks, whether due to incorrect address entered into account or by postal error.
Third Party Sites
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of WUAH, and you acknowledge that WUAH is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by WUAH or any association with its operators.
WUAH may provide links on the Website to other websites which are not under the control of WUAH. These links are provided for convenience of reference only and are not intended as an endorsement by WUAH of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
Closing of Account
After a wisher closes their account, without first properly accepting or declining offers, the remaining funds will become property of Wish Upon A Hero.
Copyright &Trademark Claims
If you are the owner of a copyright or trademark and believe that any Content on the Website infringes upon your intellectual property, you may submit a written notification to us at Trademark@WishUponAHero.com with the following information. Failure to provide all of the required information will render us unable to process your claim or take any action with respect thereto.
For Trademark Claims
Upon receipt of all of the information listed above, WUAH will initiate an investigation. While WUHA is investigating the claim, WUAH, at its sole discretion and without any legal obligation to do so, may temporarily remove the challenged material from the Website, forward the complaining party’s written notification to the posting party, and/or temporarily remove the challenged material.
For Copyright Claims
Upon receipt of all of the information listed above, WUAH will remove or disable access to the material that is claimed to be infringing. If WUAH has sufficient information to enable it to do so, WUAH will take reasonable steps promptly to notify the alleged infringer that it has removed or disabled access to the material.
Counter Notification Policy
If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing Trademarks@WishUponAHero.com and including the following:
Upon receipt of a Counter Notification as described above, WUAH shall promptly provide the complaining party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. WUAH will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless WUAH first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on WUAH's system or network.
It is our policy to provide for the termination, in appropriate circumstances, of users of our Website who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT AND SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. WUAH MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF THE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WUAH DOES NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. WUAH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO, RELIANCE UPON OR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
WUAH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR ASSISTANCE OF ANY KIND ADVERTISED, OFFERED OR GRANTED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WUAH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES INCLUDING, WITHOUT LIMITATION, PERSONS GRANTING A WISH. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION AT ALL TIMES.
Limitation of Liability
IN NO EVENT SHALL WUAH, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, FEES, FINES OR PENALTIES. LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY WHATSOEVER FROM THE USE OF, OR INABILITY TO USE, THIS SITE, OR SITES ACCESSED THROUGH THIS WEBSITE, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WUAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING IT.
YOU SPECIFICALLY ACKNOWLEDGE THAT WUAH SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Accessing the Website from Outside the United States
WUAH makes no representation that materials on this site are appropriate or available for use in locations outside the United States of America, and accessing them from other countries and territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Choice of Law and Forum
Severability and Integration
WUAH reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice. Upon receipt of reliable information indicating that a member is under the age of 13 or has been convicted of any sexual crime, any federal felony, any crime involving use or possession of child pornography or any hate crime, WUAH will terminate the person's membership without warning or explanation.