WishFree.com Terms of Service

 

Last Updated On: 14 May 2012

 

Welcome to WishFree.com and thank you for becoming part of our world! WishFree.com is a fun and entertaining game that allows people to win brand new products and services for Free. You simple come to the site click on Grab in an available game and perform a social action (tweet or FB update) and you will be consider the current holder, someone else can come and take it away from you, this process gets repeated until the time runs out. Whoever is the last holder of the prize, wins the game and gets the prize for free. Person who does the most grabs may also win and may get equal or a lesser value prize. Person who invited the last grabber may also win a prize of equal or lower value prize. By accessing, browsing or using the services available from and/or otherwise accessing the domain and sub-domains of WishFree.com which are owned and operated by WishFree.com Ltd. ("WishFree.com", "us", "our" or "we") and all linked pages owned and operated by WishFree.com (collectively, the "Site"), you agree to be bound by this Terms of Service Agreement (the "Agreement"). Before you may use the Site, you must read and agree to all of the terms and conditions below, including all terms and conditions contained in agreements referenced and linked to below. Your acceptance and agreement to be bound by these Terms is indicated by either of two ways; by your registration with WishFree.com and formal agreement to these Terms, or by your accessing or using the Services. Please read this Agreement carefully. If you do not accept the terms and conditions below, please exit and do not use the Site. We suggest that you save or print a copy of this Agreement for your records before using this Site.

 

No PURCHASE OR PAYMENT IS NECESSARY to play in the games.

 

1. Eligibility. You must be of the legal age required to form a binding contract in your jurisdiction to register with and use the Site. By using the Site, you represent that you are of legal age to form a binding contract and have the right, authority and capacity to enter into this Agreement.

 

2. Your Account. As part of the Site's registration process, you will be required to set up an account and select a user name and password. WishFree.com reserves the right to refuse registration or service, and to terminate accounts, in its sole discretion. In setting up your account, you agree to the following rules:

 

a. You will create an account with your real legal name and you will provide complete and accurate information about yourself, and update such information in the future to keep it complete and accurate. You agree you can only have one single member account with WishFree.com and your account must be correlated with a single legal person (natural or statutory). Your use of an Individual Member Account is expressly limited to you as a natural person and cannot be transferred to anyone else on temporarily or on permanent basis. You're solely responsible for your dealings with third parties (including advertisers) who use the network, including as to the delivery of and payment for goods. You will not use any unfair advantage to try to manipulate the game towards the favorable result, you will not use BOTs (automated system) to play in any game. You will not share your account with anyone else nor will provide your password to another person. All details about you must be correct and must belong to you including your profile picture. Uploading an authentic picture where a player is clearly visible is mandatory and if not done will result in disqualification.FULL LEGAL NAME (as given in the ID card/passport/driving license) must be the profile name. if any other name is mentioned or incomplete name is mention it will result in disqualification.

 

WishFree.com reserves the right to pursue legal action against you for intentionally providing false or inaccurate personal information, as well as the right to terminate your account.

 

b. You will not enter, select or use a user name that is subject to the rights of a third party without proper authorization, that is or contains or is substantially similar to a trademark or service mark, or that incorporates words that are defamatory, vulgar, obscene, libelous, hateful, or racially or ethnically or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent the foregoing restrictions.

 

c. You accept responsibility for maintaining the confidentiality of your account and password, and all activities that occur under your account and you will not share your personal account user name and password with any third party unless we provide an approved mechanism for that.

 

d. You will pay all fees and charges incurred by your account, including applicable taxes, in accordance with the billing terms that are in effect at the time the fees or charges become payable, and reimburse WishFree.com for all costs and expenses incurred by WishFree.com in collecting payments due hereunder, including all bank and service charges and all reasonable attorneys' fees.

 

e. You will exit out of your account at the end of each session, and immediately notify WishFree.com of any unauthorized use of your account.

 

f. You will become a verify user of the site as soon as possible. To become a verified user, you would need at least two people to vouch for you. Only people who can Vouch for you are the people who joined WishFree.com from your invite(s). Vouch will be accepted by verified users only. Only Verified members are eligible for winning and will receive the prize or equivalent value in cash. If you are not a verified member, WishFree.com reserves the right to disqualify you, in which case your winnings will be forfeited.

 

3. Your Conduct. We would like you to enjoy all aspects of WishFree.com. However, for your protection and the protection of others, certain conduct is prohibited. If you engage in any of this conduct, you risk not only termination of your membership with WishFree.com, but also legal repercussions. In particular, in using the Site you agree not to (and not to knowingly permit any third party to):

 

a. conduct any unlawful activity;If a winner is found cheating or using any illegal means to win the game, he/she will be disqualified without explanation and at any stage of the game and post-game.

 

b. harm minors in any way;

 

c. transmit or make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, or racially or ethnically or otherwise objectionable;

 

d. transmit or make available any content that you do not have a right to make available under any law or contractual or fiduciary relationship, including without limitation any content that infringes a third party's copyright, trademark or other intellectual property and proprietary rights;

 

e. transmit or make available any material that contains any software virus or other computer code designed to interrupt, destroy or alter the functionality of any computer software or hardware;

 

f. interfere with, disrupt or reverse engineer the Site in any manner, including intercepting, emulating or redirecting the communication protocols used by WishFree.com, creating or using cheats, mods or hacks or any other software designed to modify the WishFree.com experience, or using any software that intercepts or collects information from or through the Site (including harvesting of email addresses);

 

g. use any robot, spider or other automated mechanism to retrieve or index any information from or portion of the Site, or participate in any of the game(s);

 

h. participate in any action that, in the sole and absolute opinion of WishFree.com, results or may result in a subscriber to WishFree.com being defrauded, scammed, or otherwise cheated;

 

i. transmit or make available any unsolicited or unauthorized advertising, junk mail, spam, chain letters, pyramid schemes or other forms of solicitations by way of hacking;

 

j. create user accounts by automated means or under false or fraudulent pretenses;

 

k. impersonate any person or entity.

 

l. If your invited friend wins, you can ONLY win if you were playing the game along with him/her.

 

m. If your invited friend had won but was disqualified, you will be disqualified as well from the prize of that game.

 

n. If a winner has been disqualified, the next runners up may be declared the winner.

 

o. Winner verification information form must be completely submitted with the Support team of WishFree.com within one week of the congratulating and acknowledging email from support@wishfree.com.

 

p. Winners of a specific month (if verified) will be given prizes at the end of that month, no matter when the game was featured.

 

4. Interruption/Modification of the Site. WishFree.com reserves the right to interrupt the Site or any services available on the Site with or without prior notice for any reason whatsoever. You agree that WishFree.com will not be liable for any interruption of the Site or such services, delay, or failure to perform and you will not be entitled to any refund of fees for interruption of service or failure to perform. Additionally, WishFree.com has the right at any time and for any reason to modify and/or eliminate any aspect(s) of the Site or its services as it sees fit in its sole discretion without any liability to you, including, without limitation, to remove any content.

 

5. International Use. You agree to comply with all local laws and rules regarding online conduct and acceptable content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the England and Wales , United States, Canada or the country in which you reside.

 

6. Intellectual Property. Except for the personal information and content submitted by users of the Site, all other content and software included therein are owned by WishFree.com or its licensors, and are protected by England and Wales and other international intellectual business laws. Without limiting the foregoing, "WishFree.com" and WishFree.com graphics, logos, page headers, buttons, icons, scripts and service names are trademarks or trade dress of WishFree.com in the England and Wales and/or other jurisdictions. You may not use WishFree.com's trademarks and trade dress in connection with any product or service that is not WishFree.com's, in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages WishFree.com. Except as expressly provided herein, WishFree.com and its licensors do not grant you any express or implied rights, and all rights, title and interest that WishFree.com has in and to the Site (including all content and services therein) that are not expressly granted by WishFree.com to you are retained by WishFree.com.

 

7. Your License from WishFree.com. Subject to the terms of this Agreement and so long as you remain compliant with such Agreement, WishFree.com grants you a non-exclusive, limited, fully revocable license to use the software and content contained on this Site. You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, distribute, perform, display, create derivative works from, or in any way exploit such Site content or software, except as WishFree.com expressly permits in this Agreement or otherwise on the Site. Your use of the Site content or software for any purpose other than as expressly permitted in this Agreement or the Site is a violation of the intellectual property rights and other proprietary rights of WishFree.com and may subject you to civil liability and/or criminal prosecution under applicable laws.

 

8. Your License to WishFree.com. When you provide us with content or create content on the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable right throughout the world to exercise all copyright, publicity, and other rights you have in the content in any media known now or in the future. Such rights include, without limitation, all rights you have in use, distribution, reproduction, modification, adaptation, creation of derivative works, translation, public performance and public display of the content. You also hereby waive any moral rights you may have in such content under the laws of any jurisdiction. We reserve the right to remove or modify any content you provide to us or otherwise post on the Site at our sole discretion and without prior notice or any liability to you. Your content remains your content and we don't control, verify, or endorse the content that you and others make available on the service.

 

Please respect the rights of artists, inventors, and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the service in a way that infringes others' copyrights, other intellectual property rights, or privacy rights, you're breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content doesn't violate any law. We won't pay you for your content. We may refuse to publish your content for any or no reason. We may remove your content from the service at any time if you breach this contract or if we cancel or suspend the service.

 

You're responsible for backing up the data that you store on the service. If your service is suspended or canceled, we may permanently delete your data from our servers. We have no obligation to return data to you after the service is suspended or canceled. If data is stored with an expiration date, we may also delete the data as of that date. Data that is deleted may be irretrievable.

 

9. Intellectual Property Complaints. WishFree.com respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual business listing rights have been otherwise violated, please provide WishFree.com's designated agent with the written information specified below:

 

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;

 

b. A description of the copyrighted work or other intellectual property that you claim has been infringed;

 

c. A description of where the material that you claim is infringing is located on the Site;

 

d. Your address, telephone number, and e-mail address;

 

e. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;

 

f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual business owner's behalf.

 

WishFree.com's designated agent for notice of claims of copyright or other intellectual property infringement on the Site can be reached as follows:

 

By mail:

 

Intellectual Business Listing Agent

c/o WishFree.com

5 Greenwich view place 7th floor

London E14 9nn

UK

 

By email: ipcomplaint@WishFree.com

 

10. Privacy. Use of the Site is also governed by WishFree.com's Privacy Policy, a copy of which is currently located here and which is incorporated into this Agreement by reference.

 

11. Transactions with Third Parties. Although we created WishFree.com as an entertainment medium for people to spend time while winning prizes for Free, we do not control many of the things that happen inside of it between the users. For example, we do not generally regulate the content of communications between users nor do we monitor users' interactions with the Site. Just like in the real world, you should exercise common sense when dealing with others. In particular, if you enter into a transaction with another user of the Site, your transaction is solely with that user. Although WishFree.com may provide a mechanism to help facilitate such activities within the site, WishFree.com will have no responsibility or liability for such activities and cannot guarantee that you will have the same legal rights with respect to those transactions as if they had occurred in the real world (e.g., including but not limited to contacting someone directly).

 

12. Links. This Site contains links to other sites that are not maintained by, or related to, WishFree.com. Links to such sites are provided solely as a convenience to you and do not imply any endorsement by WishFree.com of, any affiliation with or endorsement by the owner of the linked site. WishFree.com has no control over such third party sites. WishFree.com is not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the Site. WishFree.com does not assume responsibility for the accuracy, completeness, accessibility and usefulness of the information, data, opinions, advice or statements contained at such sites and your access and use of such third party sites, including any information, material, products and services therein, is solely at your own risk. WishFree.com accepts no liability for any direct, indirect, incidental, special, consequential, punitive or other losses or damages of whatsoever kind arising out of access to or use of any linked website or any information or reliance on any such content, goods or services available on or through any such linked website. You also understand and agree that WishFree.com's Privacy Policy is applicable only while you are using the Site. Once you are linked to another website, you should read the privacy statement of that website before disclosing any personal information.

 

13. Indemnification. As a condition of your access to and use of the Site, you agree to hold WishFree.com and WishFree.com's directors, officers, employees, agents, attorneys, subsidiaries, affiliates, independent contractors, advertisers, partners, co-branders and sublicensees and each of their respective successors and assigns (collectively, the "WishFree.com Indemnitees") harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and the content therein; (ii) your violation of this Agreement, the Privacy Policy, any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Site; (iv) WishFree.com's resolution (if any) of any dispute you have or claim to have with one or more users of the Site; (v) your improper authorization for WishFree.com to collect, use or disclose any data or content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that WishFree.com disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) WishFree.com will have the right but not the obligation to resolve disputes between users relating to the Site and WishFree.com's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) WishFree.com's resolution of a dispute will be final with respect to the Site. You further agree to hold the WishFree.com Indemnitees harmless from, and indemnify them for, all damages, costs, expenses and other liabilities arising out of or in any way connected with WishFree.com's resolution of disputes relating to the Site.

 

14. Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED BY WISHFREE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISHFREE.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. WISHFREE.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WISHFREE.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

15. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISHFREE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF WISHFREE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WISHFREE.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS YOU PAID TO WISHFREE.COM DURING THE PERIOD THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO DAMAGES OF ANY KIND. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN DAMAGES, AND THEREFORE SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

16. General Provisions.

 

a. The laws of England and Wales govern this Agreement.

 

You agree to the personal and exclusive jurisdiction of the Courts located in England and Wales, being the jurisdiction in which the registered offices of WishFree.com are located, in the event of any dispute pertaining to this Agreement, any and all content posted by users on the site and/or in connection with the WishFree.com services. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL OBJECTIONS RELATED TO THE LAW OR CHOICE OF LAW GOVERNING THIS AGREEMENT AND/OR TO THE CHOICE OF THE COURTS LOCATED IN England and Wales AS THE SOLE AND EXCLUSIVE VENUE TO HEAR AND RESOLVE ANY ACTION, CLAIM, DEMAND, SUIT OR PROCEEDING AGAINST WISHFREE.COM IN CONNECTION WITH THE SITE, ANY AND ALL POSTINGS THEREON, THE WISHFREE.COM SERVICES OR THIS AGREEMENT.

 

• The courts of England and Wales have non-exclusive jurisdiction.

 

If you are not a legal resident of England and Wales, this Agreement shall be governed by the laws of England and Wales, without regard to principles of conflict of laws that would result in the application of different law; and in such event you and WishFree.com agree to submit to the personal and exclusive jurisdiction of the courts located in England and Wales. The United Nations Convention on the International Sale of Goods is explicitly excluded from this Agreement.

 

b. Changes to the Agreement. WishFree.com may modify the terms of this Agreement at any time at its sole discretion. Such modified Agreement will be effective immediately upon posting to the Site where the prior version of this Agreement was posted. You agree to be bound to any changes to this Agreement when you use the Site after any such modified Agreement is posted.

 

c. Waiver. The failure of WishFree.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

 

d. Severability. If any term or other provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and all other terms and other provisions of this Agreement shall nevertheless remain in full force and effect.

 

e. Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by you without the prior written consent of WishFree.com. WishFree.com may, without your consent, assign all or any portion of its rights and obligations hereunder.

 

f. Titles. The titles, captions or headings in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.

 

g. Other Rules. WishFree.com may have additional or other rules that govern your use of particular services, contests or promotions available on the Site, and may change such rules from time to time. Those rules will be made available to your prior to or at the time of your use of such services or entry in such contests and promotions. Please read those rules carefully.

 

h. Entire Agreement. This Agreement constitutes the entire agreement between you and WishFree.com governing your use of the Site, and supersedes all other prior agreements and communications, whether oral or written, by any party hereto with respect to the subject matter hereof.

 

i. Language. You agree that English will be the language of the Site and of all transactions occurring in connection with the Site, and you agree to waive any right to use and rely upon any other language or translations. It is the express intention of the parties that this Agreement has been drawn up in English.