END USER SERVICE AGREEMENT

• INTRODUCTION

  wishpool.co ("we", "us", or "our") is pleased to make the wishpool.co website, dating service and mobile application (as applicable, the "Service") available to you. By registering for the Service, you agree to be bound by the terms set forth in this End User Service Agreement, our Privacy Policy, and all other provisions and policies associated with your access and use (the "Agreement").

  PLEASE READ THE TERMS OF THE AGREEMENT CAREFULLY. IF YOU CHOOSE TO ACCEPT THE AGREEMENT BY CHECKING THE "I AGREE" BOX, YOU UNDERSTAND AND CONSENT TO BE BOUND TO THE TERMS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ALL CONDITIONS OF BECOMING A MEMBER (DEFINED BELOW), THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS, THE CLASS ACTION WAIVER, AND THE PRIVACY POLICY, ACCESSIBLE HERE.

  If you do not wish to accept all terms and conditions contained in this Agreement, do not check the "I Agree" box or complete the registration process for this Service.

  For purposes of this Agreement, after you register with the Service, you will be referred to as a "Member". You may register as a Member at no cost to access some, but not all, of the features of the Service. Additional features are available to Members through a paid subscription, as described below.

• OVERVIEW AND SUBSCRIPTION PROCESS
  • Setting up your Account. After you have consented to this Agreement and registered to use the Service, you can view other Member profiles, communicate with other Members, access and view our blog, and communicate with us through the Service. You need to create an Account and set up a member profile to use the Service. To set up an Account you must: (i) be at least eighteen (18) years old; (ii) provide us with your first and last name; (iii) have a valid email address; and (iv) select a user name and create a unique password. You also must have a valid credit card/payment method if you choose to register for a paid subscription, which will provide you access to all the features and functions of our Service. We hereby reserve the right to authenticate your identity to ensure compliance with the terms of this Agreement and applicable law. By creating an Account you represent and warrant that all information you have provided is accurate and true. You will receive an email confirmation that includes a copy of the Agreement after you have successfully set up a profile and an Account.
  • Account Types. You may register to use our Service as set forth above at no cost and use some, but not all, of the features of our Service. To access and use all features of our Service, including but not limited to the ability to send mails to other Service Members, you must enter into a paid subscription. You may elect for different subscription periods, as described in further detail when you register. Subscription fees are subject to change and are paid in advance of the subscription term that you choose.
  • Subscription Renewal and Cancellation. Your subscription will be automatically renewed until you cancel it. To cancel your subscription, please cancel your subscription in the APP store.
  • Subscription Cancellation and Termination. Notwithstanding the foregoing, you may cancel a subscription within three (3) business days of subscribing to our Service to receive a refund by notifying us through the contact information provided below. This three business day period is your "Trial Period". You may cancel your subscription at any time during the subscription term by contacting us at support@wishpool.co. Subscription fees are non-refundable, except for cancellations during the Trial Period. Failure to pay subscription fees will result in termination of the paid Service and/or your Account.
  • Account Security. You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (ii) ensuring all information used in connection with our Service is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account, including if we have reason to believe that you have provided fraudulent information in connection with your Account or activities on our Service. We may share data with our Affiliate Sites, Subsidiary Sites as well as other Main Sites owned and operated by wishpool.co for security and fraud prevention purposes.
  • In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
• PROFILE DISCLAIMER, PROFILE VISIBILITY AND YOUR CONTENT
  • Profile Visibility and Disclaimer. Your profile is used to connect you with other Members of the Service and will be visible to those Members. FOR THE AVOIDANCE OF DOUBT, WHEN YOU CREATE AN ACCOUNT AND USE OUR SERVICE, YOUR PROFILE WILL BE VISIBLE TO REGISTERED MEMBERS OF OUR SERVICE. There are various features that enable you to block or restrict designated users from being able to view and/or access your profile, to provide more anonymity by hiding certain photos or your gender, and to create private photo albums. Your profile will not be visible on any Third Party Site that provides links to our Main Site, Subsidiary Sites or Affiliate Sites.
  • Content You Post. You will be able to post pictures, text, images and other material in connection with your profile and use of Services ("Content"). You understand that Content you post or share, including your user name and picture, may be viewed by other Members of the Service. We, in our sole discretion, may reject or approve submitted Content. You are solely responsible for submitted Content and shall indemnify, defend and hold us and our employees, officers, directors, shareholders and agents harmless for any and all losses, costs, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising from your Content. Although we will never post your profile publicly, certain Content may be featured on the publicly available portions of our Main Site, Subsidiary Sites or Affiliate Sites.
• USE RIGHTS
  • Content. You grant us a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and/or display submitted Content. You have no reasonable expectation of privacy when using the Service because you understand that anything you post or communicate through the Service may be seen by other Members, including Members who you choose to communicate with you directly. You have the option to make some conversations or photo albums private so that only those Members whom you choose have access to them. You are solely responsible for all Content submitted to the Service. If you terminate your membership or delete content from your profile, some content may remain available, including because of cached internet pages or other uses by third parties that are beyond our control. By checking the "I Agree" box, you acknowledge that you understand and agree that we cannot and do not assume any liability for or relating to third party use or cached content which is beyond our control.
  • Service. We grant you a limited, non-exclusive, non-transferable, revocable limited license to access and use our Service as expressly permitted herein. We reserve all rights not expressly granted herein.
• RESTRICTIONS/CODE OF CONDUCT

  You are solely responsible for your interaction with other Members of the Service, whether online or offline. We are not responsible or liable for the conduct of any Members. Please exercise common sense and prudent judgment in your interactions with others in all of your online and offline activities.

  You agree not to do any of the following:

  Submit any direct or indirect endorsement or opinion of the product or services without disclosing any association or material connection you may have with such Content, as required by the Federal Trade Commission.
  Upload any Content for the purpose of intentionally misleading us or any other Service Member.
  Use the Service to engage in or solicit prostitution, to procure or facilitate another to commit prostitution, or to promote the prostitution of another person in any manner whatsoever.
  Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful Content.
  Upload, or otherwise make available Content protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  Upload Content or any files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of our Service or another’s computer or property of another.
  Download Content posted by another user of our Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content or other material contained in a file that is uploaded.
  Resell or otherwise commercialize Content or any other function or feature of the Service.
  Use our Service or any Content therein, including without limitation any personal information or other Content related to any other Member, for any business, marketing, advertising, or other commercial purposes or for any other purposes that are not explicitly authorized by this Agreement.
  Include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, anatomical or sexual references or sexually suggestive language. You also agree not to post or send any photos containing nudity or otherwise vulgar or offensive materials through our Service.
  Use hateful or discriminatory language based on race, color, sex, sexual orientation, religion, nationality, ethnicity, marital status, disability, age or otherwise objectionable language.
  Spam or otherwise generally harass users of our Service.
  Violate any applicable laws including but not limited to the Communications Decency Act, 47 U.S.C. § 230(c), or regulations with respect to your access and use of Content and the Service.
  

  WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOU HAVE VIOLATED ANY PROVISION OF THE AGREEMENT, INCLUDING THE PRIVACY POLICY.
  

  WE RESERVE THE RIGHT TO INVESTIGATE ANY ILLEGAL, SUSPICIOUS AND / OR UNAUTHORIZED USE OF OUR SERVICES, INCLUDING THOSE INVOLVING OUR MAIN SITE OR ANY OF OUR SUBSIDIARY SITES OR AFFILIATE SITES, AND WE WILL TAKE ANY LEGAL RECOURSE THAT WE DEEM APPROPRIATE. WE MAY ALSO REFER ACTIVITIES THAT WE DEEM SUSPICIOUS OR ILLEGAL TO THE PROPER GOVERNMENTAL AUTHORITIES FOR THEIR INVESTIGATION.
  

• OUR PROPRIETARY RIGHTS

  Our Service and all logos, trademarks, buttons icons, images, pictures, graphics, content used in connection with the same (collectively referred to as "Our Content") are protected under U.S. intellectual property laws, and are exclusively owned and/or controlled by us.

  UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF OUR CONTENT IS PROHIBITED.

• DISCLAIMER OF WARRANTIES

  YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR RESPECTIVE SUPPLIERS MAKE REPRESENTATIONS ABOUT THE AVAILABILITY OF THE SERVICE OR THE CONTENT YOU OR OTHER USERS SUBMIT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY SERVICE OFFER BY OTHER USERS, ANY ACTION OR INACTION BY OTHER USERS, INCLUDING OTHER USER’S FAILURE TO COMPLY WITH THE TERMS OF THE AGREEMENT. THE FUNCTIONS AND FEATURES OF THE SERVICE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT. YOU ASSUME THE ENTIRE RISK OF LOSS OF CONTENT AND/OR DAMAGE DUE TO YOUR USE OF THE SERVICE.

• LIMITATION OF LIABILITY

  YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE AND OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

• INDEMNIFICATION

  You agree to indemnify, defend and hold us harmless and our parents, subsidiaries, affiliates, officers, directors shareholders, and agents for any and all loss, cost, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) your breach of the Agreement; (ii) your use or misuse of the Service; (iii) your violation of any law or the rights of any third party; and/or (iv) your interaction with other Service users.

• TERMINATION

  You may terminate your participation at any time by discontinuing use of the Service. At that time we may delete Content you have submitted via the Service in accordance with our Privacy Policy. If you have a dispute with us or with the Service, immediately cease all use of the Service. Ceasing all use of the Service is your only remedy with respect to any such dispute that you may have with us. If we terminate your subscription after the Trial Period has ended, you will not be entitled to any refund of unused subscription fees. The following Sections shall survive termination of this Agreement or your use of the Service: 3; 5; 7; 8; 9 and 16.

  You agree that any notice to us shall be made via email to support@wishpool.co. If the notice concerns your withdrawal from the Service or cancelation or termination of your membership, it will be effective within a reasonable time after we receive it.

• CHANGES TO SERVICES AND TERMS OF THE AGREEMENT

  From time to time, we may modify, suspend, or discontinue any feature, or add new features associated with your access and use of the Service. We shall not be liable to you for any addition, modification, suspension, or discontinuance (in part or wholly) to or of the Service and/or features associated with the availability or use of Content. We may establish additional policies and practices concerning use of the Service. Accordingly, we reserve the right to change any term of this Agreement (in part or in whole) at any time, with or without prior notice. The last revised date above notifies you of the day we lasted updated the terms and conditions. When we add new features that do not materially affect the services and terms of the agreement, we may not update this Agreement. Such new features are provided pursuant to the terms of this Agreement, and any specific terms provided with each feature. We may also notify you of any such changes via the email address linked to your Account.

• AFFILIATE AND THIRD PARTY SITES

  As explained in the Introduction, in addition to the Main Site, wishpool.co, we own and operate a number of Subsidiary Sites and Affiliate Sites that are associated with wishpool.co. These Affiliate Sites potentially increase the number of individuals with whom you may have a match by facilitating the registration of additional Members. Your profile and any Content you upload or provide will be made available to Members of wishpool.co, including those who join the Service through Affiliate Sites and Subsidiary Sites. All Members who register via the Main Site or one of its Subsidiary Sites or Affiliate Sites consent to and are bound by the terms of this Agreement.

  Separately, some Third Party Sites may provide links to our Main Site, Affiliate Sites or Subsidiary Sites. We do not share Member profiles or other information with these Third Party Sites. However, before directing you to our Main Site or an Affiliate Site or a Subsidiary Site, these Third Party Sites may collect data or solicit personal information from you. We neither own, operate, nor control such Third Party Sites and are not responsible for their content or actions. Please read the terms and conditions and privacy policies of any Third Party Site that links to our Service before providing that Third Party Site with your data.

• PRIVACY

  We collect and use information about you and your use of the Service and Content for the purpose of making the same available to you and for developing and improving the Service. Please review our Privacy Policy for more information at: https://www.wishpool.co/privacy.html.

• MINORS

  Under age use of our Service is prohibited. Our privacy practices are consistent with the Federal Children’s Online Privacy Protection Act ("COPPA") and we will not knowingly request or collect personal information from any child under the age of majority. If a child under 18 submits personal information to us and we learn that such information is of a child under 18, we will make commercially reasonable efforts to delete the information as soon as possible. If you believe that we might have collected any personal information from a child under 18, please contact us at support@wishpool.co. BY REGISTERING FOR AN ACCOUNT, YOU REPRESENT THAT YOU ARE AN ADULT OVER THE AGE OF 18, HAVE THE CAPACITY TO CONSENT, AND AGREE TO BE PERSONALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.

• ACCESSIBILITY STATEMENT

  We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Service user friendly and accessible to visitors with disabilities. WCAG principles provide for website content to be perceivable, operable, understandable, and robust. We have a team of dedicated professionals who regularly evaluate the content of our Service in relation to WCAG’s recommendations and who accordingly assist with operationalizing the same. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Service.

  Please contact us by e-mail at support@wishpool.co for assistance with accessing and using the Service.

• COMMUNICATIONS

  By agreeing to the terms of this Agreement, you consent to receive communications sent from or on behalf of us regarding the Service, Content, and/or your rights and obligations under this Agreement.

• GENERAL
  • Governing Law. Regardless of where you live or from which physical location you access our Service, the substantive and choice of law provisions of the State of California shall apply to this Agreement and your access and use of the Service, and any action related thereto, without regard to California’s conflict of law provisions, but California law shall not apply to the arbitration provisions in Section 17.3 of this Agreement, which are governed solely by the Federal Arbitration Act.
  • Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement or the Privacy Policy shall not constitute a waiver of such right or provision.
  • Alternative Dispute Resolution. By entering into this Agreement, you agree that, if any dispute arises out of or in any way related to this Agreement and/or your use of the Service, any and all such disputes shall be resolved by submission to binding arbitration in San Francisco, California before a retired judge or justice with JAMS pursuant to JAMS Comprehensive Arbitration Rules and Procedures in effect at the time of any such dispute. We mutually agree that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If the parties are unable to agree on a JAMS retired judge or justice within fifteen (15) calendar days of a demand for arbitration filed with JAMS by either of us, JAMS will follow the procedure in its Comprehensive Arbitration Rules and Procedures to name a retired judge or justice who will act as the sole arbitrator. Any decision of the arbitrator may be confirmed by a court of competent jurisdiction and the ensuing judgment may thereafter be enforced in the same manner as a judgment in a civil action. The ensuing judgment may also be appealed pursuant to applicable federal law. You acknowledge and agree that this Agreement involves interstate commerce and that this arbitration provision is governed by the Federal Arbitration Act.
  • Class Action Waiver. Except as otherwise required under applicable law, (i) we mutually intend and agree that neither will assert any class actions or representative actions, nor will such actions or procedures apply in any arbitration pursuant to this Agreement; (ii) we mutually agree that neither will assert class action or representative action claims against the other in arbitration or in any other proceeding or action; and (iii) you shall only submit your own, individual claims in arbitration and will not seek to represent the interests of any other person.
  • Arbitration Confidentiality. The Disputes, as well as the arbitration proceedings and award regarding such Disputes, shall be kept strictly confidential and governed by the Nondisclosure Agreement ("NDA") provisions addressed elsewhere in this Agreement.
  • Arbitral Jurisdiction. We agree that this Agreement involves interstate commerce and the arbitration will be governed by the provisions of the Federal Arbitration Act (9 U.S.C. 1 et seq.). California substantive law shall govern the underlying Disputes to be arbitrated. We agree that the arbitrator, not any federal or state court judge, shall have the exclusive jurisdiction to resolve any and all disputes regarding the arbitrator's jurisdiction and the interpretation, applicability, enforceability or formation of this binding Agreement to arbitrate, including but not limited to determining which Disputes are subject to arbitration, or any contention that all or any part of this arbitration agreement is unenforceable, voidable or void.
• DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA")
  • Infringement Notification If you believe that your Content has been copied and posted on our Service in a way that constitutes copyright infringement, please provide our designated agent with the following information:

    your contact information (i.e. name, email address, telephone number, and address);
    a description of the copyrighted work of concern;
    a link to the location(s) on the Service of the copyrighted work of concern;
    a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    a signed statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright owner (or authorized to act on behalf of the copyright owner).

    The foregoing information ("DMCA Notice") should be sent to our "Designated Agent" as follows:

    wishpool.co

    support@wishpool.co

  • Counter-Notice. If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice ("DMCA Counter-Notice") to our Designated Agent (contact information above) containing the following information:

    Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
    A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the Content;
    Your contact information (i.e. name, email address, telephone number, and address), a statement that you consent to the jurisdiction of the United States District Court of San Francisco California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement;
    Your physical or electronic signature.

    If a DMCA Counter-Notice is received by our Designated Agent, then we may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed Content or cease disabling it after a reasonable time period. Unless the alleged copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in a reasonable time period after receipt of the DMCA Counter-Notice, at our sole discretion.

• QUESTIONS

  If you have any questions about this Agreement please contact us at:

  wishpool.co

  support@wishpool.co