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Terms of Use Agreement
July 19, 2011
Making a wish and receiving it on Wish Pixie is FREE. You will be updated as Chip Ins come to your wish gift. You will see the total amount of Chip Ins donated, but may not know the amount each person contributed. You will be updated however, on the names of the persons who contributed.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of Wish Pixie’s services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
This Agreement includes Wish Pixie's policy for acceptable use of the Wish Pixie Services and content posted on the Wish Pixie website, your rights, obligations and restrictions regarding your use of the Wish Pixie services and Wish Pixie's Privacy Policy. The services offered by Wish Pixie include the Wish Pixie website, and any other features, content, or applications offered from time to time by Wish Pixie.
In order to maintain a viable company and to comply with changes in federal, state or local laws in economic conditions, Wish Pixie reserves the right to amend, revise, institute, alter or modify changes including but not limited to fees, literature, policies, these Terms and Conditions, Privacy Policy, Points, Pixie Helper Earnings and Chip In contributions.
Any such revisions become effective and binding upon publication on the Wish Pixie website or other official Wish Pixie publication. Pixies agree to be bound by these changes.
These Terms and Conditions is not subject to change, except in writing signed by an authorized Elate Lifestyles LLC official.
Pixies agree not to involve WishPixie.com in any litigation that occurs due to using the website. WishPixie.com is owned by Elate Lifestyles LLC. Neither WishPixie.com nor Elate Lifestyles LLC. will not be held liable for any loss or damage due to failure to comply to the terms of this agreement.
Indemnification
You agree to defend, indemnify and hold harmless Elate Lifestyles LLC, Elate Lifestyles LLC employees, and Elate Lifestyles LLC agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Web site, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WISHPIXIE.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Definitions:
Pixie: A Pixie is a helpful creature that spreads good fortune by granting wishes. Each user is termed a pixie as at one point or another they Chips In to help a friend with a wish.
Pixie Points (or Pixie Dollars) : This is Wish Pixie's points system which rewards Pixies (members) for website participation.
Chip Ins : This is Wish Pixie's currency which is used on our website for granting wishes, sending gifts, tokens, etc to other pixies. Chip Ins can be purchased with real money. Chip In purchases are final and cannot be refunded. Chip Ins used toward granting wishes, shopping, etc cannot be reversed.
Pixie Helper: is a fun and rewarding program designed to meet the needs of members to have their wishes granted. It rewards pixie helpers for giving, sharing, team building and general Wish Pixie participation. Pixie Helpers must be 18 years or older. When Pixie Helpers contribute their Chip Ins towards Wish Gifts made by members, it is considered a free will gift with no entitlements. However, Wish Pixie makes Pixie Helpers who give, eligible to receive daily rewards for special profile/website activities. This gives our website more traffic and enables us to generate revenue from advertising.
You may not use the Wish Pixie services for the activities listed below. Prohibited activity includes, but is not limited to:
violate any law, statute, ordinance or regulation
relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law
relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (c) are for the sale of certain items before the seller has control or possession of the item, (d) are by payment processors to collect payments on behalf of merchants, (e), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing,or (f) provide certain credit repair or debt settlement services
involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent
violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Wish Pixie and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
Violations of the Acceptable Use Policy
We encourage you to report violations of this Acceptable Use Policy to Wish Pixie immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email [email protected]
Special Personal Profile Restrictions
Please choose carefully the information you post on Wish Pixie and that you provide to other Users. Wish Pixie may not post publicly the following items to your personal page unless it is required by Wish Pixie: telephone numbers, street addresses, and any photographs excessively violent, harassing, containing nudity, or obscene, lewd, sexually explicit or otherwise inappropriate subject matter. Despite this prohibition, information provided by other Wish Pixie Members (for instance, in their Profile) may contain inaccurate, inappropriate, products or services, offensive or sexually explicit material, and Wish Pixie assumes no responsibility or liability for this material.
Wish Pixie reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Wish Pixie website at any time, for any reason, without prior notice, and without liability.
The following is a partial list of the kind of activity that is illegal or prohibited on the Wish Pixie Website. Wish Pixie reserves the right to investigate and take appropriate legal action against anyone who, in Wish Pixie's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
Eligibility. Use of and Membership on the Wish Pixie website is void where prohibited. By using the Wish Pixie website, you represent and warrant that;
All registration information you submit is truthful and accurate.
You will maintain the accuracy of such information.
You are 13 years of age or older; born on or before 7/22/1998.
Your use of the Wish Pixie website does not violate any applicable federal or state law and/or regulation.
Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
Term. This Agreement shall remain in full force and effect while you use the our services, or are a member of Wish Pixie. Wish Pixie may terminate your membership or site access at any time, without warning.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on Wish Pixie. Wish Pixie reserves the right to investigate and take appropriate legal action against anyone submitting, posting, linking or in any way displays prohibited content on the Wish Pixie website.
Restricted/Prohibited Content:
Harasses or advocates harassment of another person;
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for unlawful purposes from other Users;
criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
covering or obscuring the any advertisements we may place on your personal profile page;
any automated use of the system, such as using scripts to post comments or messages;
attempting to impersonate another Member or person;
interfering with, disrupting, or creating an undue burden on the Spruz Services or the networks or services connected to the Spruz Services;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
using any information obtained from the Spruz Services in order to harass, abuse, or harm another person;
displaying an advertisement on your profile; or
using the Wish Pixie Services in a manner inconsistent with any and all applicable laws and regulations.
Password. When you create your account, you will be asked to choose a password. Your password is designed for only you to know. You agree not to use the account, username, or password of another registered member at any time. You agree to notify Wish Pixie immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your account.
Content Posted.
Wish Pixie may delete any Content that in the sole judgment of Wish Pixie violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.
You are solely responsible for the Content that you post to or on any of the Wish Pixie website. Content is not necessarily reviewed by Wish Pixie prior to posting and does not necessarily reflect the opinions or policies of Wish Pixie. Wish Pixie makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Wish Pixie and its members without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Wish Pixie to terminate access privileges of any one who repeatedly infringes the copyright rights of others upon receipt of proper notification to Wish Pixie by the copyright owner or the copyright owner's legal agent.
Member Disputes. You are solely responsible for your interactions with other Wish Pixie Members. Wish Pixie or Elate Lifestyles LLC reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy. Use of the Wish Pixie website is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers. Wish Pixie is not responsible for any incorrect or inaccurate Content posted on the Wish Pixie Website or in connection with the Wish Pixie Services, whether caused by Users of the Wish Pixie Services or by any of the equipment or programming associated with or utilized in the Wish Pixie Services. Profiles created and posted by Members on the Wish Pixie Website may contain links to other websites. Wish Pixie is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Wish Pixie. Inclusion of any linked website on the Wish Pixie Services does not imply approval or endorsement of the linked website by Wish Pixie. When you access these third-party sites, you do so at your own risk. Wish Pixie takes no responsibility for third party advertisements which are posted on Wish Pixie Website or through the Wish Pixie Services, nor does it take any responsibility for the goods or services provided by its advertisers. Wish Pixie is not responsible for the conduct, whether online or offline, of any User of the Wish Pixie Services. Wish Pixie assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Wish Pixie is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Wish Pixie Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Wish Pixie Services. Under no circumstances shall Wish Pixie be responsible for any loss or damage, including personal injury or death, resulting from use of the Wish Pixie Services, attendance at a Wish Pixie event, from any Content posted on or through the Wish Pixie Services, or from the conduct of any Users of the Wish Pixie Services, whether online or offline.
Disputes. If there is any dispute about or involving the Wish Pixie Services, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of Brooklyn.
Copyright infringement. If you believe that your work has been copied and posted on the Wish Pixie website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Wish Pixie website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Wish Pixie's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Elate Lifestyles LLC, 1815 Ole Heritage Dr. Suit #11203 , Orlando, FL 32839; Attn: Copyright Agent; and email: [email protected].
Other. This Agreement is accepted upon your use of the Wish Pixie Website or any of the Wish Pixie Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Wish Pixie regarding the use of the Wish Pixie Services. The failure of Wish Pixie to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
BY READING THIS AGREEMENT OR REGISTERING AN ACCOUNT ON THIS WEBSITE YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS HEREIN.
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