TERMS OF USE
Last modified: 17.02.2024.
These Terms of Use ("Terms") govern the relationship between Wishpicks.com ("Service," "we," "us," "our," "Wishpicks") and you ("you," "your") regarding access to the functionalities of the website https://wishpicks.com.
We recommend you carefully review these Terms. Any use of the Site, Services, and any information and content posted on them is governed by the terms set out here.
BY ACCESSING OR USING THE SITE AND SERVICES, YOU AGREE TO BE BOUND BY (1) THESE TERMS, (2) OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SITE AND SERVICES. CAPITALIZED TERMS CONTAINED IN THESE TERMS ARE USED ONLY FOR EASE OF REFERENCE TO THE SITE'S TERMS.
Site: This refers to the website https://wishpicks.com and its subdomains, through which the Company may provide Services to Visitors, Users, and Influencers.
Visitor: An individual who uses the Site without registering an Account to receive our Services.
User: An individual who uses the Site through their Account to receive our Services.
Influencer: A person who uses the Site via an Influencer Account to receive our Services for the purpose of promoting a brand or company.
Account: A personal user account on the Site, which allows access to and use of our Services.
Wishlist: A list of goods/services compiled by a Visitor/User using the Service, available for purchase on the Internet on Third Party websites.
Wish Picks: A publicly accessible list of goods/services compiled by an Influencer using the Service, available for purchase on the Internet on Third Party websites.
The Service located at https://wishpicks.com is owned and operated by Anton Sushchevskyi, an individual entrepreneur registered and operating in accordance with the laws of Ukraine, along with his authorized representatives and contractors.
We reserve the right to modify or replace these Terms at our discretion at any time by posting an updated version on the website or by sending a notification to your email address.
Continued use of the Service and Services following the posting of changes will constitute your acceptance of the updated Terms. We will make reasonable efforts to notify you of such changes, but it is your responsibility to periodically review these Terms for possible changes.
We offer you access to the functionalities of the Service ("Services") in accordance with these Terms.
As a Visitor of the Service, you can:
As a User of the Service, in addition to functions available to a Visitor, you can also:
As an Influencer visiting the Service, you can also:
We reserve the right, at our discretion, to set and change general limitations on the capabilities for the number of Wishlists and Wish Picks created, the number of goods/services included in them, and links to third-party websites. Links not added in the designated field will be automatically deleted or modified.
All rights, titles, and interests in the Service and those arising in connection with the Service and the provision of Services belong to us, our licensors, affiliates, or designated third parties, if any.
Through these Terms, we grant you a revocable, limited, non-exclusive, non-transferable, and non-sublicensable, worldwide license to access and use our Service and its functionalities in accordance with these Terms. This license does not include any rights to resell the Service or provide the Service to third parties in any other way.
We reserve the right at our discretion to modify, adjust, discontinue, or temporarily suspend the provision of Services, establish limits on certain features of the Service and Services at any time and without prior notice.
Access to the Service and/or Services may from time to time be unavailable, delayed, limited, or slowed down due to, among other things:
● malfunctions of servers, networks, equipment (including your own device), communication lines, and other electronic and mechanical equipment;
● failures of software, including, but not limited to, defects, errors, viruses, configuration problems, incompatibility of systems, utility programs or applications, screening software issues, unreadability of code, or corruption of certain documents or other content;
● overload of system capacities;
● damage caused by severe weather, earthquakes, wars, riots, civil disturbances, public unrest, accidents, fire, water damage, explosion, mechanical breakdown, or natural disasters;
● interruption (partial or complete) of power supply or other utility service;
● strikes or other work stoppages (partial or complete);
● governmental or regulatory restrictions, judicial decisions, or other external interference; or
● any other causes (similar or dissimilar to any of the above) that are beyond our control.
To access and use the Service and Services, you declare and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all the provisions of these Terms. If you use our Service as an Influencer, you declare and guarantee that you comply with civil, commercial, tax laws, and all tax obligations.
If you use the Service on behalf of a legal entity, you declare and guarantee that you have the right and authority to enter into these Terms on behalf of such a legal entity and bind it to the provisions of these Terms.
To access some functionalities of our Service and our Services, you need to register and create an Account in our Service. Account registration is free.
You can register using Google, Facebook, Apple services, or using an email address.
When registering via email, follow the link that will be sent to your address. This link will give you full access to your Account and settings. The link is valid for 1 (one) hour and can be accessed an unlimited number of times.
At any time after registration, you can fill in and/or change the following Account data: photo, first name, last name, and email address (in case of registration via email).
We do not verify and are not responsible to you or any third parties for the accuracy or relevance of the information provided.
You can log into your registered account using the service used during registration or an email address. You are responsible for maintaining the confidentiality of your Account login identifiers. You are also responsible for all activities that occur in connection with your Account. We are not liable for any damage or losses caused by your failure to maintain the confidentiality of your Account and the services used for registration/login to the user's Account.
To access certain functionalities of the Service, especially for promoting a brand or company, a User can convert their Account into an Influencer Account. This can be done in the settings. To convert your Account, we may need more information about you and/or the organization you represent. Please provide this information by filling in the appropriate fields.
You can delete your Account at your discretion in the Account settings or request its closure at any time. After closing your Account, we will delete all your personal data unless otherwise provided or required by law. We may delete or block your Account at our discretion if we believe that you are violating these Terms or any applicable laws.
By accessing our Service and using our Services, you agree that YOU CANNOT:
● Use the Service and Services in a way that:
● modify, reverse engineer, decompile, disassemble, copy, or otherwise attempt to obtain the source code or other trade secrets from or about the Service or any of the Services or technologies, except as expressly allowed by these Terms, and only to the extent permitted by applicable law, without consent;
● collect data from Wishpicks using automated means (bots, spiders, scrapers, or equivalent means) or by creating fake accounts, using anonymous proxy servers, or in a similar manner, or by circumventing any technical measures to prevent prohibited activities on the Site;
● use or attempt to use any scrapers, robots, bots, spiders, data mining, or any other automated device, program, tool, algorithm, process, or methodology or manual process with similar functionality to access, acquire, copy, or monitor any part of the Service;
● use any device, software, algorithm, file, or other tool or technology, including, but not limited to, viruses, Trojan horses, worms, time bombs, or cancelbots, intended to damage our Service, interfere with it, or surreptitiously intercept or expropriate any system, data, or personal information from the Service;
● compromise the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems, or networks connected to any server associated with the Service;
● falsely claim or otherwise misrepresent affiliation with any person;
● attempt to obtain login identifiers or other confidential information from any other user of the Service;
● take or attempt any action that, in the sole discretion of Wishpicks, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or our infrastructure.
Wishpicks may suspend any use of the Services or delete or block any Account or content that we reasonably and in good faith believe violates these Terms.
All content, information, design, text, graphics, visual interfaces, interactive features, logos, compilations, source and object code, and other materials related to the Service and Services, including, without limitation, logos, compilations, source and object code, and other materials regarding the Service and Services ("Our Content") (i) are protected by applicable copyright, trademarks, and other proprietary rights (including but not limited to intellectual property rights), (ii) are owned by us or one of our affiliates, or provided to us under license, and (iii) are protected by Ukrainian and international copyright, trademark, patent, trade secret, and other intellectual property or property rights laws.
Modification, reproduction, distribution, sale, licensing, decompilation, copying, redistribution, use, or publication of any part of the Service or Our Content, unless expressly permitted by these Terms or otherwise, is strictly prohibited. Use of the Service does not grant you any ownership rights to any intellectual property rights in any content, documents, and other materials you access. Posting information or materials on the Site does not imply a waiver of any rights to such information and materials.
You use the Service at your own discretion and risk. To the maximum extent permitted by law, the Service and services are provided by us "as is" and "as available", and we disclaim, as far as possible, any warranties, express or implied, including, but not limited to, warranties regarding fitness for commercial use and for a specific purpose, non-infringement of third-party rights, accuracy, availability. We do not assure or guarantee that the Service will be free from losses, destructions, cyber attacks, viruses, interference, hacking, malicious software, or other security breaches, and we bear no responsibility in this regard. We are not responsible and do not make any promises regarding the quality, completeness, accuracy, or reliability of the Service.
We do not make any representations or promises regarding any User, Influencer, Wishlists, Wish Picks, or the goods/services contained therein. Accordingly, we are not responsible to you for any personal injury, loss, and damage that may arise based on any interaction with other users of the Service and/or third-party goods/services.
We are not and shall not be responsible for any interactions between Users/Influencers of the Service or Users/Influencers and third parties whose goods/services are referenced, linked, or mentioned on the Site (hereafter referred to as "Third Parties"). We are not responsible for any loss or damage arising from any agreements between Users/Influencers and Third Parties.
To the maximum extent permitted by law, we make no promises and disclaim all liability for: (i) goods/services of Third Parties listed on the Site, (ii) links, descriptions, characteristics, photos, and other mentions of Third Parties' goods/services. We and our affiliates are not responsible for your use of the Service and any available services. Specifically, we and our affiliates are not responsible for actual, direct, indirect, consequential, incidental, and incidental damages (including damages for loss of business, profits, reputation, legal costs, and similar) or any other liability or damage arising from breach of contract, warranty, tort, or other violations, including but not limited to your use or inability to use the Service or any interruption of such use; we and our affiliates are also not responsible for any third-party claims, even if we are aware of them or have been advised of the potential for such damage or claims. None of our services will be provided without such limitations. Neither we nor our affiliates are responsible for any inability or delay in accessing or using the Service and services arising from circumstances beyond our reasonable control.
We are not responsible in any form for the actions or inaction of other Users/Visitors/Influencers, whether such actions or inactions occur during the use of the Service or otherwise.
These Terms supersede all prior terms, agreements, discussions, and proposals regarding the Service and constitute the entire agreement between you and us regarding access to and use of the Service and Services.
The inability to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any part of these Terms is found to be unenforceable, that part will not affect the enforceability of the remaining parts of the Terms, which will remain in full effect.
You cannot assign or transfer these Terms, any related rights or obligations, or any remedies under these Terms without our prior consent. We may freely transfer our rights under these Terms or subcontract our obligations without restriction.
We conduct our business and manage the Service from our office in Ukraine. All matters relating to the Service and Services or these Terms are governed by the current laws of Ukraine, without regard to conflict of law provisions.
Our Service may contain links to third-party websites that are not owned or controlled by us. We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites or services. We strongly recommend you read the terms of use and privacy policy of any third-party website you visit.
These Terms will remain in effect and apply as long as you continue to access our Service and Services or use them. You may stop using the Service and Services at any time. We reserve the right to suspend or terminate your access to the Services at any time without prior notice if we determine that you have violated these Terms or applicable law. All provisions of these Terms which by their nature should survive termination shall remain in effect after termination, including, without limitation, disclaimer of warranties and limitation of liability.
If you have any questions about these Terms or the Service, please contact us at support@wishpicks.com.