Welcome to the SimplyWishes Website.  By accessing and using this website, you are agreeing to these Terms of Use (“Terms of Use”).  Please read them carefully.

These Terms of Use were last updated on November 21, 2016.

 1. Acceptance of Terms of Use; Modifications. 

 SimplyWishes, Inc. (“SimplyWishes” “we” or “us” or “our”) owns and operates the website, www.simplywishes.com, including, but not limited to, all mobile and touch applications and platforms, electronic services, social networking sites, interactive features, online services, and any of the described online activities SimplyWishes owns or controls either now or in the future (collectively, “Site”).  By using the Site and the services available via the Site, you agree to these Terms of Use and any additional terms applicable to certain programs in which you may elect to participate.  You also agree to the SimplyWishes Privacy Policy, located at www.simplywishes.com/privacy, which is incorporated herein by reference and any reference to these Terms of Use herein shall be deemed to reference and include the Privacy Policy.  The term “using” includes any person or entity that accesses or uses the Site with crawlers, robots, data mining or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OR ACCESS THE SITE.  YOU SHOULD IMMEDIATELY STOP USING THE SITE AND NOT PARTICIPATE IN ANY PROGRAM, GOODS OR SERVICES OFFERED THROUGH THE SITE.

SimplyWishes reserves the right at all times to discontinue or modify any part of these Terms of Use in its sole discretion.  If SimplyWishes make changes that affect your use of the Site or the services offered by SimplyWishes, SimplyWishes will post notice of the change on the Terms of Use page.  Any changes to these Terms of Use will be effective upon the posting by SimplyWishes of the notice.  If you do not agree to the changes, you must discontinue use of the Site and any services or goods offered via the Site after the effective date of the changes. SimplyWishes suggests that you revisit these Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Site and any services or goods provided via the Site constitutes acceptance of these changes and the Terms of Use as modified.

2. About the Site.

The Site is a platform that connects persons with certain needs, wishes, and desires (a “Wish” or  “Wishes”) with persons who have the ability to fulfill such Wishes.  Persons using the Site are referred to herein as “Users”.  SimplyWishes and the Site act only as a conduit or platform to provide information and connect Users.  If any User determines in his or her sole discretion to grant the Wish of another User, such transaction will be solely between the two Users and neither SimplyWishes nor the Site will be a party to such transaction and neither has any responsibility or liability for any Wishes granted by one User to another User.  

SimplyWishes reserves the right to change or discontinue any aspect or feature of the Site or its services at any time with or without notice, including, but not limited to, requirements or eligibility to use the Site.   

SIMPLYWISHES OFFERS INFORMATION AND A METHOD FOR PERSONS WITH WISHES (“WISHERS”) TO CONNECT AND COORDINATE WITH PERSONS WHO CAN FULFILL THOSE WISHES (“GRANTORS”).  EACH GRANTOR IS SOLELY RESPONSIBLE FOR VERIFYING THE LEGITIMACY OF ANY WISH BEFORE FULFILLING IT.  EACH WISHER IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER TO ACCEPT FULFILLMENT OF A WISH FROM A GRANTOR AND WHETHER SUCH FULFILLMENT WILL MEET THE WISHER’S NEEDS AND EXPECTATIONS. EACH GRANTOR AND WISHER ARE SOLELY RESPONSIBLE FOR CONFIRMING THE TERMS AND CONDITIONS UNDER WHICH A WISH WILL BE FULFILLED, INCLUDING THE IDENTITY, CONTACT INFORMATION, AND OTHER PERTINENT INFORMATION REQUIRED TO FULFILL THE WISH.  SIMPLYWISHES HAS NO RESPONSIBILITY OR LIABILITY FOR ANY WISHES SHARED OR FULFILLED ON THE SITE VIA THE SITE AND  SIMPLYWISHES DOES NOT GUARANTEE THAT THE FULFILLMENT OF ANY WISH WILL SATISFY THE NEEDS AND EXPECTATIONS OF THE WISHER.  

SIMPLYWISHES IS NOT A PARTY TO ANY AGREEMENTS ENTERED BY USERS FOR THE FULFILLMENT OF WISHES.  SIMPLY WISHES HAS NO CONTROL OVER THE CONDUCT OF USERS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.  ANY USERS WHO DECIDE TO MEET IN PERSON REGARDING THE FULFILLMENT OF A WISH ARE ENCOURAGED TO DO SO IN A SAFE MANNER FOR BOTH USERS.

3. Ownership of the Site; License.                        

The Site, any content on the Site and the infrastructure used to provide the Site are the proprietary property of SimplyWishes and its affiliates.  By using the Site and accepting these Terms of Use, SimplyWishes grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by SimplyWishes.

4. Eligibility to Use the Site; Access. 

You must be at least 18 years of age, able to create a binding legal obligation, and not barred from receiving products or services under any applicable law to use or access the Site.  You must have the right to provide any and all information you submit to the Site.  You may use the Site only to list legitimate Wishes, to connect with other Users, or to fulfill a Wish of another User.  SimplyWishes retains the right, in its sole discretion, to deny use of the Site or an Account (as defined below) to anyone at any time and for any reason. While SimplyWishes uses reasonable efforts to keep the Site and your Account accessible, the Site and/or your Account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your Account due to circumstances both within the control of SimplyWishes (e.g., routine maintenance) and outside of its control.

5. Your Account.

To access some features on the Site, you may be required to create an account (“Account”).  You may only create and hold one account on the Site for your personal use.  The information you provide when creating your Account must be accurate, true, current, complete, and correct.  You may not submit any information that is purposely inaccurate, commits fraud or falsifies information or to create multiple Accounts.  You are responsible for updating and correcting information you have submitted to create or maintain your account.  You understand and agree that SimplyWishes shall have no responsibility for any incident arising out of, or related to, your Account. You must safeguard your password and supervise the use of your Account. You are solely responsible for maintaining the security of your Account and maintaining settings on your Account that reflect your preferences.  We will assume that anyone using the Site or transacting through your Account is you.  You agree that you are solely responsible for any activity that occurs under your Account. SimplyWishes reserves the right to cancel your Account at any time in its sole discretion. 

Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person.  Failure to maintain updated and correct information about your Account may result in suspension or termination of your Account.  You understand and agree that SimplyWishes may cancel your Account at any time with or without notice to you in its sole discretion.

6. Text Messaging; E-Mails; Etc. 

By creating an Account, you agree that SimplyWishes may send you informational text (SMS) messages and e-mails related to the Site.  SimplyWishes will communicate with you via e-mail or text message or by posting electronic notices on the Site.  By using the Site, you agree that all agreements, notices, disclosures and other communications that are provided to you via e-mail, text, or posting on the Site satisfy any legal requirement that such communications be in writing.  Notices will be considered delivered to you and effective when sent to the email address you have provided on your Account.

7. Payment. 

If the transfer of funds between Users is necessary to fulfill a Wish, Users may access the services of PayPal via a link on the Site to facilitate such transfers of funds.  PayPal is an independent company and is not affiliated with SimplyWishes.  The services of PayPal are provided as a convenience for Users, but are not endorsed by SimplyWishes.  All services provided by PayPal and the collection of any personal and financial information from Users by PayPal are subject to terms of use, guidelines, and/or privacy policy of PayPal.  SimplyWishes does not collect any financial information from its Users.  Any and all transfer fees charged by PayPal for the use of its services are the responsibility of the Users utilizing such services.  SimplyWishes encourages its Users to familiarize themselves with terms of use, guidelines, and privacy policies of PayPal before using the PayPal services. 

 8. Your Conduct.

All interactions on the Site must comply with these Terms of Use.  To the extent your conduct, in the sole discretion of SimplyWishes, restricts or inhibits any other User from using or enjoying any part of the Site, SimplyWishes may limit your privileges on the Site and seek other remedies.  The sharing, fulfilling, posting, granting, and trading of wishes is governed by these Terms of Use and the Community Guidelines located at www.simplywishes.com/community-guidelines.  In addition, the following activities are prohibited on the Site and constitute express violations of these Terms of Use:

Attempting to do or actually doing any of the following:

Reproducing, distributing, creating derivative works from, publicly displaying, publicly performing, licensing, selling or re-selling any content, software, products or services obtained from or through the Site without the express permission of SimplyWishes;

Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;

Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;

Scanning or testing the security or configuration of the Site or to breach security or authentication measures; or

Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site.

Using any of the following:

Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;

Any Site content, including without limitation, User Content (as defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;

The Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with SimplyWishes; or

The Site or any of its resources to solicit consumers, merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with SimplyWishes, including, without limitation, aggregating current or previously offered Wishes.

Collecting any of the following:

Content from the Site, including, but not limited to, in connection with current or previous Wishes, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or

Personal Information (defined in the Privacy Policy) or User Content (defined below).

Engaging in any of the following:

Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by SimplyWishes;

Taking any action that places excessive demand on the Site or its services or imposes, or may impose, an unreasonable or disproportionately large load on the SimplyWishes servers or other portion of the SimplyWishes infrastructure (as determined in the sole discretion of SimplyWishes);

Accessing, monitoring or copying any content from the Site using any “crawler”, “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;

Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;

Aggregating any current or previously-offered Wishes or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;

Deep-linking to any portion of the Site without our express written permission;

Hyperlinking to the Site from any other website without the consent of SimplyWishes; or

Acting illegally or maliciously against the business interests or reputation of SimplyWishes or its services.

9. User Content.

The Site provides Users the ability to post and respond to Wishes and may provide Users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, and including Wishes, “User Content”) through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site from time to time.    All User Content is subject to the community guidelines located at

www.simplywishes.com/community-guidelines (the “Community Guidelines”).  Any User Content which does not adhere to the Community Guidelines will be removed.  Users who continually or habitually violate the Community Guidelines may be banned from the Site and their Accounts terminated.

If you contribute any User Content, you represent and warrant that: (a) you are the creator the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy.  You represent and warrant that you will not upload, post, transmit or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violative of any third-party rights; or if User Content contains any material that harbors viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.

SimplyWishes shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by SimplyWishes, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, SimplyWishes shall have the right to remove any material from the Site, in its sole and absolute discretion.  SimplyWishes assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. SimplyWishes has no obligation to use User Content and may not use it at all.

In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your Account. SimplyWishes makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

You understand and agree that User Content is public.  Any person (whether or not a user of SimplyWishes’s services) may read your User Content without your knowledge. Do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed.  SimplyWishes is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.  Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by SimplyWishes.  Other Users may post User Content that is inaccurate, misleading or deceptive.  SimplyWishes does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content.  User Content reflects the opinions of the person submitting it and may not reflect the opinion of SimplyWishes.  SimplyWishes does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including any objectionable User Content.

Some User Content you submit to SimplyWishes may display, or may give you the option to display, your Personal Information, or a portion of your Personal Information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant SimplyWishes a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the Personal Information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, SimplyWishes shall have no obligation to use your Personal Information in connection with any User Content.

As between you and SimplyWishes, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant SimplyWishes a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. SimplyWishes’s license in any User Content or Personal Information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.

Only individuals over the age of 18 may contribute User Content or other information on or through the Site.  By contributing User Content or other content on or through the Site, you affirm that you are over 18 years old. SimplyWishes will promptly delete User Content or other content associated with any account if SimplyWishes obtains actual knowledge that such Account is associated with a registered user who is not at least 18 years old.  

10. Unsolicited Ideas.

SimplyWishes does not accept or consider, directly or through any SimplyWishes employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send SimplyWishes or any of its employees any unsolicited ideas, suggestions, material, images or other work in any form (“Unsolicited Ideas”). If you send SimplyWishes Unsolicited Ideas, you understand and agree that:  (1) SimplyWishes has no obligation to review any Unsolicited Ideas, nor to keep any Unsolicited Ideas confidential; and (2) SimplyWishes will own, and may use and redistribute, Unsolicited Ideas for any purpose without restriction and free of any obligation to acknowledge or compensate you.

11. Websites of Others.

The Site contains links to websites maintained by other parties or you may be able to gain access to the Site through the websites of third parties. These links are provided solely as a convenience to you.  SimplyWishes does not endorse or have an opinion about the contents on such websites. SimplyWishes expressly disclaims any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. SimplyWishes is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource.

12. Copyright and Trademarks.

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire contents of the Site are protected by copyright, trademark and other intellectual property laws of the United States.  SimplyWishes owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.  You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part.  Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of SimplyWishes or the copyright owner is permitted.  If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice.  You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.  SimplyWishes does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

SimplyWishes owns trademarks, registered and unregistered, in many countries and “SIMPLYWISHES,” the SimplyWishes logos and variations thereof found on the Site are trademarks owned by SimplyWishes, Inc. or its related entities and all use of these marks inures to the benefit of SimplyWishes.

Other marks on the site not owned by SimplyWishes may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of SimplyWishes unless otherwise stated, or may be the property of their respective owners. You may not use SimplyWishes’s name, logos, trademarks or brands without SimplyWishes’s express permission; except for your personal use and for the sole purpose of posting on social media sites, in news articles, websites, and blogs, and other similar uses.

13. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures

In accordance with the Digital Millennium Copyright Act and other applicable law, SimplyWishes has adopted a policy of terminating, in appropriate circumstances and in SimplyWishes’s sole discretion, the Accounts of Users who are deemed to be repeat infringers of the intellectual property rights of others.  SimplyWishes may also in its sole discretion limit access to the Site and/or terminate the Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.  If you believe that any material made available via the Site infringes upon any copyright which you own or control, or that any link made available via the Site directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent.  Address: 80 Las Colinas Lane, San Jose, CA 95119; Phone: +1 (408) 513-3800; Fax: +1 (408) 513-3850; e-mail: [email protected]. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

14. Disclaimer of Warranty.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF SIMPLYWISHES, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (i) THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION, WISHES, OFFERINGS, PRODUCTS, OR SERVICES, (ii) DESCRIPTIONS OF WISHES, OFFERINGS, PRODUCTS, OR SERVICES, OR (iii) THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE.  WISHES, OFFERINGS, PRODUCTS, SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, SIMPLYWISHES HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE WISHES, OFFERINGS, PRODUCTS, OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

15. Limitation of Liability

IN NO EVENT SHALL SIMPLYWISHES, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED IN THE SITE; (B) ANY WISHES FULFILLED VIA THE SITE, INCLUDING BUT NOT LIMITED TO ANY SERVICE, PRODUCT, GOODS, OR MATERIALS PROVIDED IN CONNECTION WITH THE FULFILLMENT OF ANY WISH; (C) YOUR INABILITY TO USE THE SITE; (D) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (E) THE WISHES, OFFERINGS, SERVICES, OR PRODUCTS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; OR (F) THESE TERMS OF USE. IN NO EVENT WILL SIMPLYWISHES’ LIABILITY IN CONNECTION WITH A WISH, OFFERING, SERVICE, OR PRODUCT EXCEED $500.00.  

16. Indemnification/Release.

You agree to defend, indemnify and hold harmless SimplyWishes, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to: (a) your breach or violation of any of these Terms of Use or use of the Site in violation of these Terms of Use; (b) any Wishes you post to the Site or that you fulfill; (c) any User Content submitted or posted by you, in connection with the Site; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable U.S. or foreign law or rights of a third-party.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SITE.  TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE SIMPLYWISHES FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF AN USER, ANY ACTION OR INACTION BY ANOTHER USER, INCLUDING BUT NOT LIMITED TO ANY HARM CAUSED TO YOU BY ACTION OR INACTION OF A USER, OR A USER’S FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO FULFILL A WISH, WHETHER ONLINE OR OFFLINE.

17. General. 

SimplyWishes reserves the right to suspend, terminate, or refuse to permit access to your Account or terminate these Terms of Use at any time for any reason with or without prior notice to you and without liability to you.  Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive.  Any claim or dispute between you and SimplyWishes that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California.   You may not assign these Terms of Use  without SimplyWishes’s prior written approval. SimplyWishes may assign these Terms of Use without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of SimplyWishes’ equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.  No joint venture, partnership, employment, or agency relationship exists between you or SimplyWishes as a result of these Terms of Use or use of the SimplyWishes Services.  If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. SimplyWishes’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SimplyWishes in writing.  The Terms of Use, including the incorporated Privacy Policy Statement and other terms incorporated by reference, constitutes the entire agreement and understanding between you and SimplyWishes with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and SimplyWishes with respect to such subject matter.

SimplyWishes, Inc. (“SimplyWishes” “we” or “us” or “our”) provides people the opportunity to both share their wishes and to fulfill the wishes of others.  We want people to feel safe when using the SimplyWishes website located at www.simplywishes.com (the “Site”) and for this reason, we have developed these guidelines (the “Community Guidelines”) for use of the Site. 

Respect the SimplyWishes Community.  Dreamers use the Site to share their wishes.  Some of these wishes may seem strange or silly to you, but are extremely important to the person sharing the wish.  You may read wishes which are counter to your beliefs or value system.  Please be respectful of our dreamers who have the courage to share their wishes with the world.

Harassment; Hateful Content; Threats; Bullying.  We are committed to providing an online environment in which people feel free to share their dreams and wishes free from harassment, bullying, threats, or hateful content.  Please don’t attack another user, or their wishes, personally.  We will remove any wish or other content that appears to be purposefully targeted at shaming or degrading another user, person, or a group.  This includes content that promotes or condones violence against individuals or groups based on race, ethnic origin, religion, disability, age, nationality, veteran status, heritage, gender, or sexual orientation or whose primary purpose is inciting hatred on the basis of these characteristics.  You may not use our Site to stalk, threaten, intimidate, or invade the privacy of others.      

Self-Injury.  Content that promotes harm to yourself (including self-mutilation or eating disorders) or suicide will be removed from the Site.  You may share information about self-injury and suicide so long as such information does not promote such activity.  While others may disagree, body modification is not self-injury so go ahead and wish for that tattoo or piercing. 

Profanity or Vulgar Language.  Profanity, foul, or vulgar language is not acceptable.  Using asterisks to blank out several letters in a profane or vulgar word is a violation of this policy if the profane or vulgar word is discernible. 

Illegal Activities.  You may not use the Site to facilitate, organize, or conduct illegal activities.

Nudity; Sexual Content.  While some people are comfortable with nudity or sexually explicit content, others are not.  We restrict the display of nudity or sexually explicit content within the Site and will remove images of genitals, buttocks, or breasts which include the nipple.  Explicit images of sexual intercourse are prohibited.  Descriptions of genitals or sexual acts will be removed from the Site.  You may wish for another person with whom to share your life, but you may not wish for or solicit sexual acts from others (remember, no illegal activity). 

Violent or Graphic Content.  Please keep in mind that some people are more sensitive to violent or graphic content than others.  We will remove a gory, graphic or violent image that is primarily intended to be shocking, sensational, or disrespectful or which seems to be posted for sadistic pleasure or to glorify violence.

Spam; Deception.  Everyone hates spam and it doesn’t belong on the Site.  Don’t create misleading descriptions or other deceptive means to increase views, revenue, or traffic.

Spelling and Grammar Errors.  Remember that everyone makes mistakes and that some users of the Site are not native English speakers.  Some people with learning disabilities have difficulty detecting their spelling mistakes.  I think we’ve all experienced an “auto-correct” error at some time or other.  Commenting on the spelling or grammatical errors of others is not a productive use of anyone’s time or energy and doesn’t get wishes fulfilled.

Monetary Profit.  Wish for items or things you really desire, for which you have a use, or which would fulfill a dream of yours.  Please don’t wish for items that you intend to sell on eBay (or other reselling platforms) for a profit. 

Specific Rules for Sharing and Fulfilling Wishes:  Keep in mind the Community Guidelines above when sharing or fulfilling wishes.  In addition, please do not share or fulfill wishes for the following items:

1. Guns, firearms, or weapons of any kind.

2. Toy or fake guns or weapons, including, but not limited to, water guns, cap guns, provided to minors.

3. Cigarettes and cigarette lighters.

4. Drugs (over the counter, prescription, and illegal), medical supplies or paraphernalia, and veterinary supplies.  Remember you may not use the Site to conduct illegal activities.

5. Sexually explicit photos or materials (remember no nudity or sexual content).

6. Exotic animals or plants.

7. Alcohol.

8. Human remains or body parts.

9. Digital products such as items which are not tangible or must be downloaded.

10. Illegal services.

If you see something on the Site that you believe violates our guidelines, you should flag it for our review by sending an e-mail to [email protected].  Please keep in mind that flagging a piece of content for a second look does not guarantee that it will be removed from the Site. Because of the diversity of our community, it’s possible that something could be disagreeable or disturbing to you without meeting the criteria for being removed from the Site.

We ask all members of the SimplyWishes community to understand that we apply the same standard of review for all content.  Ultimately, the decision to remove content is within our sole discretion and we do not negotiate about our final decision as to whether or not a piece of content warrants removal. 

This Privacy Policy (“Privacy Policy”) explains how SimplyWishes, Inc. (“SimplyWishes,” “us,” “our,” and “we”) uses your information and applies to all who use the SimplyWishes website, located at http://www.simplywishes.com, mobile applications, electronic services, social networking sites, interactive features, online services, or any of our described online activities SimplyWishes owns or controls (collectively, the “Site”). This Privacy Policy is incorporated in the Terms of Use, which also apply when you use the Site.

This Privacy Policy was last updated on May 11, 2015.

1. Acceptance of Terms of Use; Modifications.

By using the Site and the services available via the Site, you agree to this Privacy Policy and any additional terms applicable to certain programs in which you may elect to participate. You also agree to the SimplyWishes Terms of Use, located at http://www.simplywishes.com/termsofuse, which is incorporated herein by reference and any reference to these Terms of Use herein shall be deemed to reference and include the Terms of Use.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY NOT USE OR ACCESS THE SITE. YOU SHOULD IMMEDIATELY STOP USING THE SITE AND NOT PARTICIPATE IN ANY PROGRAM, GOODS OR SERVICES OFFERED THROUGH THE SITE.

SimplyWishes reserves the right at all times to discontinue or modify any part of this Privacy Policy in its sole discretion. If SimplyWishes makes changes that affect your use of the Site services offered by SimplyWishes via the Site, SimplyWishes will post notice of the change on the Privacy Policy page. Any changes to this Privacy Policy will be effective upon the posting by SimplyWishes or the revised Privacy Policy on the Site. If you do not agree to the changes, you must discontinue use of the Site and any services or goods offered via the Site after the effective date of the changes. SimplyWishes suggests that you revisit this Privacy Policy regularly to ensure that you stay informed of any changes. You agree that posting any changes on the Privacy Policy page is adequate notice to advise you of these changes, and that your continued use of the Site and any services or goods provided via the Site constitutes acceptance of these changes and the Privacy Policy as modified.

2. Information Collected by SimplyWishes.

SimplyWishes collects information from you when you interact with the Site or when you create an account (“Account”) for interacting with the Site. Such information includes Personal Information and Non-Identifying Information. Personal Information means information about you that specifically identifies you or, when combined with other information SimplyWishes has, can be used to identify you, including, but not limited to contact information such as your e-mail address, phone number, or address, transaction information, and financial information. Non-Identifying Information means information that alone cannot identify you, including data from cookies, pixel tags and web beacons (tiny graphic images placed on website pages or in emails that allows us determine whether you have performed specific actions), and device data (information concerning a device you use to access, use, or interact with the Site, such as operating system type or mobile device model, browser type, domain, and other system settings, the language your system uses and the country and time zone of your device, geo-location, unique device identifier or other device identifier, mobile phone carrier identification, and device software platform and firmware information).

You provide SimplyWishes with your Personal Information when you create an Account or otherwise when you provide Personal Information during your interaction with the Site. SimplyWishes also collects Personal Information when you contact us online for customer service and other support using self-help tools, such as email, text, or by posting to the Site. SimplyWishes also receives Personal Information and other online and offline information from other sources. SimplyWishes will use such information in accordance with applicable laws. Such information, when combined with Personal Information collected as provided in this Privacy Policy, will also be handled in accordance with this Privacy Policy. SimplyWishes also uses cookies, tags, web beacons, local shared objects, files, tools and programs to keep records, store your preferences, improve our advertising, and collect Non-Identifying Information, including device data and your interaction with the Site and other websites accessible through the Site. SimplyWishes uses cookies that allow SimplyWishes to connect your Site activity with other information SimplyWishes stores about you in your Account or as related to your interactions with the Site. Device data may be collected when your device interacts with the Site and SimplyWishes, even if you are not logged into the Site using your device.

3. Your Choices. You can limit the information you provide to SimplyWishes, and you can limit the communications that SimplyWishes sends to you.

(a) Commercial E-mails. You may choose not to receive commercial e-mails from SimplyWishes by following the instructions contained in any of the commercial e-mails SimplyWishes sends or by logging into your Account and adjusting your e-mail preferences. Even if you unsubscribe from commercial email messages, SimplyWishes may still e-mail you non-commercial e-mails related to your Account and your transactions on the Site.

(b) Cookies and Tracking. Cookies are unique identifiers, usually made up of small bits of text or code. You may manage how your browser handles cookies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available.

(c) Device Data. You may manage how your mobile device and mobile browser share certain device data with SimplyWishes, as well as how your mobile browser handles cookies by adjusting the privacy and security settings on your mobile device.

4. How SimplyWishes Uses Information. SimplyWishes uses information collected as described in this Privacy Policy to: (i) operate, maintain and improve the Site; (ii) facilitate communications between users on the Site; (iii) answer your questions and respond to your requests; (iv) perform analytics and conduct customer research; (v) communicate and provide additional information that may be of interest to you about SimplyWishes, sometimes by combining your information with information from other sources; (vi) send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, marketing messages, and requested information; (vii) administer rewards, surveys, sweepstakes, contests, or other promotional activities or events; (viii) manage everyday business needs, such as administration of the Site, forum management, fulfillment, analytics, fraud prevention, and enforcement of corporate reporting obligations and Terms of Use, or to comply with the law; and (ix) enhance other information SimplyWishes has about you directly or from other sources to help us better understand you and determine your interests.

We also may use information collected as described in this Privacy Policy with your consent or as otherwise required or permitted by law.

5. When and Why SimplyWishes Discloses Information. SimplyWishes may share your Personal Information and Non-Identifying Information as required or permitted by law: (i) with SimplyWishes’s vendors who provide services to SimplyWishes and who are required to protect the Personal Information; (ii) to facilitate a direct relationship with you or between you and other users of the Site; (iii) to enable electronic communications with you as part of the fulfillment of a request, wish, purchase, a sponsored reward, offer, contest, program, or other activity in which you have elected to participate; (iv) to comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions; (v) to combat fraud or criminal activity, and to protect our rights or those of our affiliates, other users of the Site, or as part of legal proceedings affecting SimplyWishes; (vi) in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate; or (vii) with your consent.

We do not share Personal Information with third-party ad-servers (third parties that provide the technology to place ads on websites and track ad performance); however, third-party ad-servers may automatically collect Non-Identifying Information about your visit to the Site and other websites, your device address, your Internet Service Provider and the browser you use to visit the Site. They do this by using cookies, clear gifs and other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visits to the Site and the other websites tracked by these third parties. This Privacy Policy does not cover the collection methods or use of the information collected by third-party ad-servers, and SimplyWishes is not responsible for cookies or clear gifs in third party ads. We encourage you to review the privacy policies or statements of these third party advertising companies to learn more about their use of cookies and other technologies.

6. Security of Personal Information. SimplyWishes has implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure and SimplyWishes cannot guarantee its absolute security.

7. Accessing and Correcting Personal Information. You can access, update and delete the information you provide to us by managing this information through your Account or sending us an email at [email protected]. If you want to deactivate your Account or have other questions or requests, please contact us. While SimplyWishes is ready to assist you in managing your Account, it cannot always delete records of past interactions and transactions. SimplyWishes will retain your Personal Information for as long as your Account is active, as needed to provide you services, or as necessary to comply with our legal obligations, resolve disputes, and enforce the agreements of SimplyWishes.

8. Social Community Areas. The Site may be accessible through or contain connections to areas where you may be able to publicly post information, communicate with others such as discussion boards or blogs, review products and merchants, and submit media content. Prior to posting in these areas, please read our Terms of Use. All the information you post may be accessible to anyone with Internet access, and any Personal Information you include in your posting may be read, collected, and used by others. We recommend that you do not post any Personal Information in the social community areas.

9. Social Networks. You may log in to the Site using certain social network credentials. To manage the sharing of your Personal Information with SimplyWishes when you connect with SimplyWishes through social networking platforms or applications refer to the privacy policy and settings of the social networking website or application. Once you register with SimplyWishes and connect with the social network, you will be able to automatically post recent SimplyWishes activity back to your social network. By proceeding through any of the above steps, you grant SimplyWishes permission to access all of the elements of your social network profile information that you have made available to be shared and to use it in accordance with the social network’s terms of use and this Privacy Policy.

10. Privacy Practices of Third Parties. This Privacy Policy only addresses the use and disclosure of information by SimplyWishes through your interaction with the Site. Other websites that may be accessible through links from the Site have their own privacy statements and personal information collection, use, and disclosure practices.

11. Notice to Residents of Countries outside the United States of America. If you live outside the United States, and you use the Site or provide us with Personal Information directly via the Site, your information will be handled in accordance with this Privacy Policy. By using the Site or giving us your Personal Information, you are directly transferring your Personal Information and Non-Identifying Information to SimplyWishes in the United States. Even though the United States may not have the same level of data protection as your jurisdiction, you agree and consent to the collection, transfer, and processing of your Personal Information and Non-Identifying Information by Simply Wishes in accordance with this Privacy Policy. You are solely responsible for compliance with any data protection or privacy obligations in your jurisdiction when you use the Site or provide us with Personal Information. Regardless of where we transfer your information, we still protect your information in the manner described in this Privacy Policy.

12. Children’s Privacy. The Site is designed and intended for adults. By using SimplyWishes, you represent that you are at least 18 years old and understand that you must be at least 18 years old in order to create an Account and use the Site. SimplyWishes will promptly delete information associated with any Account if it obtains actual knowledge such Account is associated with a registered user who is not at least 18 years old.

13. Contact Us; California Privacy Rights and Other Countries. Please contact us if you have any questions or comments about our privacy practices or this Privacy Policy at [email protected] or SimplyWishes, Inc., 80 Las Colinas Lane, San Jose, California 95119.