User Agreement

Last modified on April 1, 2007

Welcome to the user agreement (the "Agreement") for Wishlisting.com.

Please read this Agreement carefully since it describes the terms and conditions applicable to your visit and use of the www.wishlisting.com web site and any affiliated web sites owned by Cliqworx LLC ("Site") and any services available from the Site. In this Agreement, the terms Wishlisting and Cliqworx, LLC are used interchangeably to mean Cliqworx LLC. You must accept all of the terms and conditions contained in this User Agreement and the Privacy Policy (which is incorporated into this Agreement) before you may become a Wishlisting member. Your use of the Site constitutes acceptance of these terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access our services.

We may amend this Agreement at any time by posting the amended terms on the Site. All amended terms will automatically be effective seven (7) days after they are initially posted on the Site. Therefore, we encourage you to check the date of our Agreement whenever you visit the Site for any update or changes.  In addition, if you have opted to receive e-mail messages regarding changes to the User Agreement, we will notify you of any update or changes by sending you an e-mail. Your continued use of Wishlisting.com following the posting of any amendments to these terms means that you have accepted those changes. This Agreement may not otherwise be amended except in a writing signed by you and Cliqworx, LLC, the Site’s owner.

1. General Description of Wishlisting Services.

   Wishlisting services enable you, as an individual user (“you,” “your,” or “User”), to create a catalog of items you own, or would like to own, and to gather and share information about those items such as item descriptions, prices, availability and sellers (collectively, the “Services”). In some circumstances such information will be used with the information provided by other users or third parties (typically information available from online sellers of the item) in order to generate additional information regarding the item. In addition you may input your own ratings, requests, reviews, recommendations, and opinions (referred to as “Commentary”) with respect to items in your catalog. As used in this Agreement, the term “Catalog” includes your list of items, information generated about the items by the Site’s services and your Commentary together with any other data or information you provide.

   Children under the age of 13 are not eligible to use the Site without an adult member’s acknowledgment of responsibility for the child’s use. We ask that children not submit any personal information to us. If you are under the age of 13, you may only use this Site only in conjunction with and under the supervision of your parents or guardians.

   In order to create your Catalog, use the Site’s services and input Commentary, you will need to join and select a password.  You are responsible for maintaining the confidentiality of your password. We may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may impersonate another person; that belongs to another person, without his or her prior consent; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion.

2. Providing Others with Access to your Catalog.

   Our services enable you to share your Catalog with others. You have options in how you allow others to view them. The automatic (default) setting for items in your Catalog is “Public,” which means an item in your Catalog will appear if a user searches for that item but not be identifiable to you. You may allow another member to view the information you provide about yourself and your items (except those you have designated as “Private”) by identifying them as your Friends. You can add Friends by following the instructions on the Site for designating a Friend. You may mark any item as “Private,” meaning other users of the site including other members, may not view them.

3. Accessing Another User’s Catalog.

   Once you have joined Wishlisting as a member, you may access any Catalog on the Site, add Friends (who thought it could be this easy to make friends), giving them additional ways to interact with your Catalog in ways regular Members cannot. By inviting a member to become your Friend, you are authorizing Wishlisting to send an e-mail on your behalf inviting him or her to become your friend and visit your Catalog.

4. Site Content.

   1. General Information about Content. It is important to remember that Wishlisting’s services facilitate sharing information about your and other members’ Catalogs.  The owner of a Catalog (and not Wishlisting) is solely responsible for the content included in the Catalog including any Commentary. Wishlisting has no control over the truth, accuracy, or content of the catalog listings or the quality, safety or legality of the information included in Catalogs or Commentary.
   2. Information Added by Wishlisting Services. Wishlisting services take the item information you input and matches it with information provided by other members and third parties to generate additional information regarding the item (“Additional Information”). The Additional Information may be incorrect. Because Additional Information may be added, combined with or substituted for your original information about the item, it may cause the information appearing in your Catalog to be inaccurate. You understand and acknowledge that this is possible and that Wishlistiing is under no obligation to verify or confirm the data it adds to your information. You further agree not to rely upon the information in your Catalog without accepting full risk and responsibility for its potential unreliability.
   3. Control of Information. By creating Catalogs, members share information about themselves and their personal tastes. Wishlisting does not control the information that is made available by users of our services. While we reserve the right (but do not have the obligation) to remove or edit such content, we do not regularly review posted content, and cannot and do not warrant, verify, or guarantee the quality, accuracy, or integrity of information that you may access. You are solely liable for the content you place in your Catalog and any comments you make in discussion groups or elsewhere on the site. Such content includes any and all information, text, images, photographs, graphics, e-mail addresses, Web pages, reviews, and other materials. You may find information in other users’ Catalogs to be offensive, harmful, or inaccurate. You can mark items as “Offensive,” alerting us to review the item by doing so. If we agree, we will remove the item from public viewing. You may also remove that user from your list of Friends. In all cases, please use caution and common sense when using the Site. By using this Site, you agree to accept such risks and that Wishlisting is not responsible for your acts or omissions, or those of other users, in using the Site and its Services.
   4. Restricted Content. Information in your Catalogs may not: (a) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) be defamatory, libelous, unlawfully threatening or unlawfully harassing; or (d) be obscene or contain child pornography or otherwise be adult in nature. Cliqworx, LLC reserves the right to unilaterally remove any material from the Site.
   5. Your Right to Use Content You Post. You represent and warrant that (a) you own all of the rights or are otherwise authorized to use the content that you post; (b) the content is accurate; (c) use of the content you supply does not violate this policy and will not cause injury to any person or entity; and (d) you will indemnify Wishlisting (and our officers, directors, agents, and employees) for all claims resulting from content you supply. Wishlisting takes no responsibility and assumes no liability for any content posted by you or any third party.
   6. License. Solely to enable Wishlisting to use the information you supply to the Site, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights, including the right to sub-license such rights, you have in your Catalogs, in any media now known or not currently known, with respect to such Catalogs. Wishlisting will only use your Information in accordance with our Privacy Policy.

5. Sharing Items from your Catalog.

   1. Sharing Generally. We provide information, including links to third party sites, to facilitate adding information about the items in your Catalog to your Friends. However, while it may enable or facilitate transactions, Wishlisting is not a party to any transaction among you, your Friends, other users, or any other party. If you choose to gift, sell, buy or conduct any other transaction with any party - whether based on information provided by, an acquaintance made through, or any other means enabled by your use of the Site - you do so at your own risk, bearing the entire risk of any resulting loss, economic or otherwise.
   2. Release. In the event that you have a dispute with a Friend or any other party, you release Wishlisting (and our officers, directors, agents, and employees) from claims, demands and damages, both actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

6. Service Limits.

   Joining and maintaining up to 1,000 items in your Catalog at Wishlisting.com is free.

7. Breach.

   Without limiting other remedies, we may limit your activity, immediately remove your Catalog(s), temporarily suspend, indefinitely suspend or terminate your membership, and refuse to provide our services to you for any reason whatsoever including (i) your breach of this Agreement, (ii) we believe that your actions may cause financial loss or legal liability for us or our users; or (iii) we change operation of the site in a manner that makes it commercially impracticable to continue to provide the services.

8. Privacy.

   Wishlisting views protection of users' privacy as a very important community principle. We understand that the privacy of information in your Catalog and Commentary is very important to you. Please review our Privacy Policy, which also governs your use of Wishlisting’s services.

9. License and Site Access.

   Wishlisting grants you a limited license to access and make personal use of any part of the Site owned by Cliqworx, LLC and not to download any portion of it (other than page caching) except for archival purposes. You may not modify the Site, or any portion of it, except with the express written consent of Wishlisting. This license does not include any rights to resell or commercially use this Site or its contents (including any Catalog of another Member) or to make any commercial use of a derivative use of this Site or its contents (including any Catalog of a third party). If you repurpose any content not the copyright property of Cliqworx, LLC for any purpose, you do so at your own risk and subject to the rights of any owner of such content. Any noncommercial use of the Site contents This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Cliqworx LLC. Any unauthorized use terminates the permission or license granted by Wishlisting.

10. Disclaimer of Warranties and Limitation of Liability.

    THIS SITE IS PROVIDED BY CLIQWORX, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLIQWORX, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CATALOGS, INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

    TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CLIQWORX, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLIQWORX, LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CLIQWORX, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT IT IS RELIABLE OR THAT YOUR CATALOGS AND COMMENTARY WILL BE AVAILABLE OR IN THE SAME FORMAT, ORGANIZATION OR DESIGN. CLIQWORX, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ANY OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11. Indemnity.

    You agree to indemnify and hold us and (as applicable) our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your intentional breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party giving rise to an action against Cliqworx, LLC.

12. Links to Third Party Sites.

    Wishlisting is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services.  Wishlisting is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Wishlisting of the third-party site or service.

13. Copyright.

    All content included on the Site, such as text, graphics, logos, data compilations, and software, created by Cliqworx, LLC is the property of Cliqworx, LLC and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Cliqworx, LLC and protected by U.S. and international copyright laws. All software used on this site is the property of Cliqworx, LLC or its software suppliers and protected by United States and international copyright laws.

14. Applicable Law.

    You agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and Cliqworx, LLC.

15. Severability.

    If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

16. Resolution of Disputes.

    Any dispute relating in any way to your use of our services will be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate Cliqworx, LLC’s intellectual property rights, it may seek injunctive or other appropriate relief in any state or federal court in the state of Washington. You consent to exclusive jurisdiction of and venue in the state and federal courts sitting in King County Washington. Arbitration under this agreement will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.