rubell.nyc
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Submission: On September 21 via api from US — Scanned from US
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Form analysis 1 forms found in the DOM
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<div _ngcontent-upl-c23="" class="form-keyword"><input _ngcontent-upl-c23="" type="text" id="keyword" name="keyword" placeholder="Enter keyword(s) to find activities"
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</form>Text Content
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MY PROFILE
ACTIVITIES
"Building friendships and relationships through activities."
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HOT ACTIVITIES
VIRAT
CRUISE PARTY
Sep 30, 2023, 10:00:00 AM
Maldives
A cruise party where you can forget all your worries and enjoy yourself to the
fullest
Participants: 3Join
MAHER
SOCIAL MEDIA NEW UPDATES
Sep 30, 2023, 10:00:00 AM
California
Celebrating the success of social media as well as a very informative session on
spreading the awareness and knowledge about the new features that will be
introduced in near future in social media
Participants: 3Join
MAHER
DANCING DIVA
Sep 30, 2023, 7:30:00 PM
New York
DAncing divas are here for the concert for all of you.. So let us all welcome
them and enjoy their art
Participants: 2Join
KIRAN
TRACKING CAMP
Oct 31, 2023, 6:00:00 AM
Manali
A most awaited tracking camp in Manali is here for you all. Please do
participate in the even and have great fun.
Participants: 2Join
See All
UPCOMING ACTIVITIES
See All
UPCOMING ACTIVITIES
VIRAT
CRUISE PARTY
Sep 30, 2023, 10:00:00 AM
Maldives
A cruise party where you can forget all your worries and enjoy yourself to the
fullest
Participants: 3Join
MAHER
DANCING DIVA
Sep 30, 2023, 7:30:00 PM
New York
DAncing divas are here for the concert for all of you.. So let us all welcome
them and enjoy their art
Participants: 2Join
MAHER
SOCIAL MEDIA NEW UPDATES
Sep 30, 2023, 10:00:00 AM
California
Celebrating the success of social media as well as a very informative session on
spreading the awareness and knowledge about the new features that will be
introduced in near future in social media
Participants: 3Join
VIRAT
DANCE CONCERT
Oct 7, 2023, 7:30:00 PM
New york
A famous dance group is coming to entertain you all with their breath taking
dancing skills. Get ready for this ride full of enjoyment
Participants: 0Join
KIRAN
TRACKING CAMP
Oct 31, 2023, 6:00:00 AM
Manali
A most awaited tracking camp in Manali is here for you all. Please do
participate in the even and have great fun.
Participants: 2Join
ACTIVITIES
See All
KIRAN
MUSIC CONCERT IN NY
Sep 23, 2023, 8:00:00 PM
New York
A music concert in New York by your favorite band
Participants: 0Join
POST
© 2023 Selfwish. All Rights Reserved.
* Home
* Contact us
* About Selfwish
* Privacy Policy
* Terms and Conditions
* Cookie Policy
* Organizer Liability
SELFWISH TERMS AND CONDITIONS
TERMS OF SERVICE OVERVIEW
--------------------------------------------------------------------------------
Below is an overview of our Terms of Service for our "Platform", which means any
website, application, or service we offer. You should read the complete Terms of
Service documented below the overview because that section (and not this
overview) is our legally binding agreement. The Terms of Service includes
information about your legal rights and covers areas such as automatic
subscription renewals, limitations of liability, resolution of disputes by
mandatory arbitration rather than a judge or jury in a court of law, and a class
action waiver.
YOUR RELATIONSHIP WITH SELFWISH
* By using our Platform, you are agreeing to our Terms of Service. The Terms of
Service are a legally binding agreement between you and Selfwish.
* If you break the rules, we may suspend or terminate your account.
SELFWISH ACTIVITY ORGANIZERS
* Organizers may establish the criteria for their own activity. While there is
probably an activity of interest to everyone, not every Selfwish activity is
for you. If you can't find the right activity, you can easily organize your
own activity.
* Organized activities may incur a charge.
* Through our Platform, people will meet and partake in activities, which can
lead to expected or unexpected circumstances, of which may or may not be
desired. Unfortunately, we cannot control what occurs during the activity
organized. With that said; i) Please be mindful of whom you are meeting for
an activity, ii) Please be mindful of when you are meeting for an activity,
iii) Please be mindful of where you are meeting for an activity, and iv)
Please be mindful of why you are meeting for an activity.
* If anyone is harassing, has harassed or influences you to feel uncomfortable
verbally, physically, sexually, emotionally, visually, cyberly or in a
different form, please immediately, email Selfwish at useraccount [at]
theselfwish.com and if you believe it is necessary either legally, morally or
to ensure one's safety, please contact the appropriate legal authorities.
YOUR CONTENT AND CONTENT OF OTHERS
* You are responsible for your "Content", which means any information,
material, or other content posted to our Platform. Your Content must comply
with our Terms of Service, which includes the Usage and Content Policies,
Activity Policies, Organizer Policies, Trademark Usage Guidelines, and API
License Terms. Your Content is also subject to our Intellectual Property
Dispute Policies.
* We do not own the Content that you post. However, we do require that you
provide us a license to use this Content in order for us to operate, improve,
promote, and protect Selfwish and our Platform for the benefit of you and
others.
* We are not responsible for Content that users post or the communications that
users send using our Platform. We generally don't review Content before it's
posted. If you see Content that violates our Terms of Service, please report
inappropriate Content to us.
SELFWISH PLATFORM
* Occasionally, things break. If at any moment, our Platform is not available,
working inefficiently, or experiencing other performance issues, please let
us know and we will do what is reasonably possible to address applicable
issues. We apologize in advance for any inconvenience. We are continually
improving our Platform. This means that we may modify or discontinue portions
of our Platform.
* By using our Platform, you agree to the limitations of liability and release
in our Terms of Service. You also agree to resolve any disputes you may have
with us in the manner described in the Terms of Service. Unless you are based
in the European Union, you agree to mandatory arbitration and waive your
right to seek relief from a judge or jury in a court of law. Claims can only
be brought individually, and not as part of a class action.
* You may be based in a country where the laws that apply provide for different
or additional rights and obligations. These Terms of Service will point out
areas of difference.
TERMS OF SERVICE
--------------------------------------------------------------------------------
Last Updated: 1/24/23
Our Terms of Service contain important information about your legal rights. To
make it easier to understand, we have provided summaries and tips in these gray
boxes. These summaries are not part of the official terms, and it is important
for you to read the language in each section carefully.
1. THIS AGREEMENT
1.1 THE AGREEMENT.
Selfwish enables you and other users to arrange offline, real-world Selfwish
activities. The terms "Selfwish," "we," "us," and "our" include The Selfwish LLC
and our corporate parent, affiliates, or subsidiaries. We use the terms "you"
and "your" to mean any person using our Platform, and any organization or person
using the Platform on an organization's behalf. We use the word "Platform" to
mean any website, application, or service offered by Selfwish, including content
we offer and electronic communications we send. We provide our Platform to you
subject to these Terms of Service. We use the terms "Terms of Service" and
"Agreement" interchangeably to mean this document together with our Usage and
Content Policies, Activity Policies, Organizer Standards, Trademark Usage
Guidelines, and API License Terms. Your use of the Platform signifies that you
agree to this Agreement. If you are using the Platform for an organization, you
agree to this Agreement on behalf of that organization, and represent you have
authority to bind that organization to the terms contained in this Agreement. If
you do not or are unable to agree to this Agreement, do not use our Platform.
1.2 REVISIONS TO THIS AGREEMENT
We may modify this Agreement from time to time. When we do, we will provide
notice to you by publishing the most current version and revising the date at
the top of this page. If we make any material change to this Agreement, we will
provide additional notice to you, such as by sending you an email or displaying
a prominent notice on our Platform. By continuing to use the Platform after any
changes come into effect, you agree to the revised Agreement. If you do not wish
to accept the revised Agreement, you can close your account.
2. YOUR ACCOUNT AND USERSHIP
2.1 ELIGIBILITY.
Our Platform is available to anyone who is at least 18 years old. You represent
that you are at least 18. Additional eligibility requirements for an activity
may be set by any activity organizer. For example, the eligibility requirements
for a Selfwish activity may be set by the organizers of that activity.
2.2 MODIFICATION, SUSPENSION, AND TERMINATION OF YOUR ACCOUNT.
We may modify, suspend, or terminate your account or access to the Platform if,
in our sole discretion, we determine that you have violated this Agreement,
including any of the policies or guidelines that are part of this Agreement,
that it is in the best interest of the Selfwish community, or to protect our
brand or Platform. When this happens, we may notify you of the reasons for the
modification, suspension, or termination. We also may remove accounts of users
who are inactive for an extended period of time. Please email
useraccount@theSelfwish.com if you believe the modification, suspension, or
termination has occurred in error.
2.3 ACCOUNT INFORMATION AND SECURITY.
When you register, you provide us with some basic information, including an
email address, phone number and a password. Keep your email address and other
account information current and accurate. Also, you agree to maintain the
security and confidentiality of your password (or else we may need to disable
your account). We strongly encourage you to choose a strong and unique password
that is not shared with any other account or online service and practice other
healthy password security habits to help avoid unauthorized access to your
account. You alone are responsible for anything that happens from your failure
to maintain that security and confidentiality, such as by sharing your account
credentials with others. If someone is using your password or accessing your
account without your permission, email us at useraccount@theSelfwish.com.
2.4 LICENSE TO THE SELFWISH PLATFORM AND SERVICES.
Subject to your compliance with this Agreement, Selfwish grants you a limited,
non-exclusive, revocable, non-sublicensable, non-transferable right to use the
Platform in order to access and use the services and features that we make
available to you.
3. FEES, PAYMENTS, AND OFFERS
3.1 WE DO NOT CHARGE FEES FOR ACCESS TO OUR PLATFORM.
Use of the features on our Platform is free. We may in the future implement a
new fee, for certain current or future features of our Platform. If we implement
a new or modified fee, we will give you notice in advance such as by posting
changes on our Platform or sending you an email. Unless otherwise stated, all
fees and all transactions are in U.S. dollars.
3.2 FEES CHARGED BY ORGANIZERS.
Organizers may impose fees related to their activity. We reserve the right to
deny refunds of fees paid to organizers, when appropriate, in cases of fees paid
through a third-party payment service. Refunds that we initiate, if any, will be
governed by our Payment Policies. Organizers may also have their own refund
policies, so long as they are consistent with and do not limit users' ability to
receive refunds under our Payment Policies. Payments made to organizers via the
Platform are made through a third-party payment service provider. Please be
mindful of the fees charged to you by the Organizer. We cannot ensure that
organizers will use payments as they promise or as you expect. You should check
the refund policy of the Activity Organizer before making any payments to an
organizer.
3.3 THIRD-PARTY PAYMENT PROCESSORS.
An Activity Organizer that uses the Platform to accept payments from other users
must comply with the terms and conditions of the third-party provider of the
applicable payment service used to receive the payment. Selfwish does not
provide those payment services, is not a party to your agreement with the
applicable third-party provider, and will not be liable or responsible for your
use of those third-party payment services.
3.4 INVOICES FROM THIRD-PARTIES.
In line with the tax laws of the country where an organizer is using the
Platform, an organizer may receive Selfwish invoices from a third-party
provider. Such third-party provider invoicing does not in any way impact the
rights and obligations agreed to in this Agreement, nor does it impact the fee
being charged for the use of the Platform.
4. YOUR CONTENT AND PRIVACY
4.1 YOUR CONTENT.
You are responsible for the Content that you post to the Platform or otherwise
provide to Selfwish. We use the word "Content" to mean the information,
material, and any other content that you post to the Platform or otherwise send
to us. Examples of your Content include:
* The material that organizers and users typically post to the Platform, such
as information about Selfwish activities, comments, and photos;
* All feedback, suggestions, and other communications that you send or direct
to Selfwish. By being responsible for your Content, you agree, among other
things, that:
* You have all the permissions, rights, and licenses needed (including under
copyrights, trademarks, contract rights, privacy rights, or publicity rights)
to provide the Content to the Platform and to Selfwish;
* Your Content does not include personal, private or confidential information
belonging to others; and
* Your Content does not otherwise violate the rights of any individual or
entity.
You also agree that you and your Content comply with this Agreement, including
our Usage and Content Policies, Activity Policies, Organizer Standards,
Intellectual Property Policies, Trademark Usage Guidelines, and API License
Terms. You also agree that we may remove the metadata associated with your
Content. Search engines can see public areas of the Platform. Your Content
within these areas, such as the name and location that you provide during
registration, and your usership in public Selfwish activities, may appear in
search results. Our Platform is designed so that search engines cannot see your
Content that is within restricted areas of the Platform, such as private
Selfwish messages. You can find additional information on our FAQ about Search
Engine Visibility.
4.2 CONTENT LICENSE FROM YOU.
We do not claim ownership of your Content. However, to enable us to operate,
improve, promote, and protect Selfwish and our Platform, and to ensure we do not
violate any rights you may have in your Content, you hereby grant Selfwish a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable,
transferable right and license (including a waiver of any moral rights) to use,
host, store, reproduce, modify, publish, publicly display, publicly perform,
distribute, and create derivative works of, your Content and to commercialize
and exploit the copyright, trademark, publicity, and database rights you have in
your Content. This license would permit your Content to remain on the Platform,
even after you cease to be a member of a Selfwish activity or of the Platform.
This license doesn't give us ownership of any of your Content. It simply gives
us and users the right to use it on or related to the Platform.
4.3 PRIVACY.
Selfwish collects registration and other information about you through our
Platform. Please refer to our Privacy Policy and Cookie Policy for details on
how we collect, use, and disclose this information. These policies do not govern
use of information that you provide to third-parties, such as to organizers and
other users of Selfwish's Platform.
5. YOUR USE OF OUR PLATFORM
5.1 OUR POLICIES, GUIDELINES AND APPLICABLE LAWS.
When you use our Platform, we require that you follow the Usage and Content
Policies, Activities Policies, Organizer Standards, Intellectual Property
Policies, Trademark Usage Guidelines, and API License Terms. You also agree to
comply with all applicable laws, rules and regulations, and to not violate or
infringe the rights of any third-party.
In addition, your access to and use of some areas or features of the Platform
may be subject to additional terms, policies, standards or guidelines
("Additional Terms"). You may be required to accept these Additional Terms
before you can access these Platform areas and features. If there is a conflict
between the Terms of Service and the Additional Terms, those Additional Terms
will govern your access to and use of that Platform area or feature, unless
otherwise specified in the Additional Terms.
When the Platform uses third-party services to provide certain features and
services for our users, our users may be required to comply with the terms of
service that apply to these features and services. For example, some areas of
our Platform feature mapping services provided by Google Maps and Google Earth.
When you use these mapping services on the Platform, you agree to be bound by
the Google Maps/Google Earth Additional Terms of Service.
If you do not comply, we may modify, suspend, or terminate your account or
access to the Platform, in our sole discretion, and we will provide you with
reasons for the modification, suspension, or termination. Please email
useraccount@theSelfwish.com if you believe the modification, suspension, or
termination has occurred in error.
5.2 CONTENT OF OTHERS.
Selfwish does not control the Content of other users. When we become aware of
inappropriate Content on our Platform, we reserve the right to investigate and
take appropriate action, but we do not have any obligation to monitor, nor do we
take responsibility for, the Content of other users.
5.3 INTERACTIONS WITH OTHERS.
Selfwish is not a party to any offline arrangements made through our Platform.
Selfwish does not conduct or require background checks on users and does not
attempt to verify the truth or accuracy of statements made by users. Selfwish
makes no representations or warranties concerning the conduct or Content of any
users or their interactions with you.
Tip: Exercise caution and good judgment when using our Platform and interacting
with other users, both on our Platform and at Selfwish activities. If you have a
concern regarding other users, please report it to useraccount@theSelfwish.com.
5.4 PROHIBITED USES OF THE PLATFORM.
Our Platform contains proprietary and confidential information and is protected
by intellectual property and other laws. Unless we expressly permit it through
this Agreement, you agree that you will not, either directly or indirectly (a)
use, host, store, reproduce, modify, publish, publicly display, publicly
perform, distribute, or create derivative works of the Platform, or any portion
of the Platform; (b) remove or alter the proprietary notices on the Platform;
(c) reverse engineer, disassemble, decompile, or attempt to discover the source
code or structure, sequence, and organization of the Platform; and (d) rent,
lease, resell, distribute, or use the Platform for commercial purposes that are
not contemplated by this Agreement. You also agree that you will not use the
Platform to solicit or collect (i) personal data from others except as necessary
for the administration of or participation in an activity or (ii) sensitive
personal data, as defined or treated as such under applicable law (including, by
way of example only, health information and social security numbers and other
government identifiers). In addition, you agree that you will comply with the
export control laws of your local jurisdiction. You also represent and warrant
that you are not located in a country that is subject to a U.S. government
embargo or that has been designated by the U.S. government as a "terrorist
supporting" country, and that you are not listed on any U.S. government list of
prohibited or restricted parties. If you are a developer working with our API,
you should review our API License Terms.
5.5 PLATFORM SAFETY AND SECURITY.
You agree that you will not, either directly or indirectly, (a) extract data
from the Platform for a commercial purpose not permitted by these Terms of
Service, whether through use of an automated system or software, and whether
operated by a third-party or otherwise ("screen scraping," "data scraping," or
"web scraping"); (b) engage in any activity that interferes with or disrupts,
that is designed to interfere with or disrupt, or imposes undue burdens on the
Platform or its systems. You agree to use, retain, and otherwise process
personal data collected from the Platform in accordance with applicable laws,
rules, and regulations and solely for purposes of administering and
participating in Selfwish activities. Without limitation, you agree to provide
notice to individuals about your processing of their personal data, to obtain
any necessary consents, and to respond to requests made by individuals as
required by applicable law. You also agree to safeguard such data from
unauthorized access or processing. You must delete such personal data once it is
no longer strictly necessary for the administration of a Selfwish activity or
promptly following a request from Selfwish, and you will promptly certify to
such deletion.
5.6 PLATFORM MODIFICATIONS.
We work hard to continuously improve our Platform. This means that we may modify
or discontinue portions or all of our Platform with or without notice and
without liability to you or any third-party.
5.7 THIRD-PARTY SITES AND SERVICES.
The Platform contains links to third-party sites, and is integrated with various
third-party services, applications and sites that may make available to you
their content and products. We don't control these third parties and aren't
responsible for those sites or services or their content or products. These
third parties may have their own terms and policies, and your use of them will
be governed by those terms and policies. You do not have a license to use the
intellectual property of third parties merely by way of your access to our
Platform.
6. RELEASE
To the full extent permitted by applicable law, you agree to release us and our
officers, directors, shareholders, agents, employees, consultants, corporate
parent, affiliates, subsidiaries, sponsors, and other third-party partners (
"Selfwish Parties") from claims, demands, and damages (direct and consequential)
("Claims"), arising out of or in any way connected with any transaction with a
third-party, your interactions with other users, or in connection with a
Selfwish activity. You also agree, to the full extent permitted by applicable
law, to release organizers from Claims based on an organizer's negligence
arising out of or in any way connected with their Content or a Selfwish
activity. The law in some countries and states do not allow the release, so
these limits may not apply to you. You waive and relinquish all rights and
benefits that you have or may have under Section 1542 of the California Civil
Code or any similar provision of statutory or non-statutory law of any other
jurisdiction to the fullest extent permitted by law. You acknowledge that some
Selfwish activities carry inherent dangers, such as the risk of illness, bodily
injury, disability, or death. By participating in these activities, you
understand and agree that you have freely chosen to assume these risks.
7. INDEMNIFICATION
To the full extent permitted by applicable law, you agree to indemnify, defend
and hold all Selfwish Parties harmless from any Claims, made by any third-party
due to or arising out of (a) your violations of this Agreement, (b) your use,
misuse, or abuse of our Platform, (c) your Content, (d) your violation of any
law, statute, ordinance or regulation or the rights of a third-party, or (e)
your participation or conduct in a Selfwish activity that violates this
Agreement. You agree to promptly notify us of any third-party Claims, cooperate
with all Selfwish Parties in defending such Claims, and pay all fees, costs and
expenses associated with defending such Claims (including, but not limited to,
attorneys' fees). You agree not to settle any Claim without our prior written
consent.
8. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
8.1 WARRANTY DISCLAIMER.
Our Platform is provided to you "as is" and on an "as available" basis. To the
full extent permitted by applicable law, we disclaim all warranties and
conditions of any kind, including but not limited to statutory warranties, and
the implied warranties of merchantability, fitness for a particular purpose, and
non-infringement. We also disclaim any warranties regarding (a) the reliability,
timeliness, accuracy, and performance of our Platform, (b) any information,
advice, services, or goods obtained through or advertised on our Platform or by
us, as well as for any information or advice received through any links to other
websites or resources provided through our Platform, (c) the results that may be
obtained from the Platform, and (d) the correction of any errors in the
Platform, (e) any material or data obtained through the use of our Platform, and
(f) dealings with or as the result of the presence of marketing partners or
other third-parties on or located through our Platform. You may have additional
rights under the law of the country in which you are based. You agree that the
duration of such additional rights will be limited to the full extent permitted
by such law.
8.2 LIMITATION OF LIABILITY.
To the full extent permitted by applicable law, you agree that in no activity
shall any Selfwish Parties be liable for any direct, indirect, incidental,
special, or consequential damages, including but not limited to, damages for
loss of profits, goodwill, use, data, or other intangible losses (even if any
Selfwish Parties have been advised of the possibility of such damages) arising
out of or in connection with (a) our Platform or this Agreement or the inability
to use our Platform (however arising, including our negligence), (b) statements
or conduct of or transactions with any member or third-party on the Platform,
(c) your use of our Platform or transportation to or from Selfwish activities,
attendance at Selfwish activities, participation in or exclusion from Selfwish
activities and the actions of you or others at Selfwish activities, or (d) any
other matter relating to the Platform. Our liability to you or any third parties
in any circumstance is limited to the greater of $100 or the amount of fees, if
any, you paid to us in the 12 months prior to the action that may give rise to
liability. The limitations set forth above in this Section 8 will not limit or
exclude liability for our gross negligence, fraud, or intentional, malicious, or
reckless misconduct. Some laws do not allow the limitation or exclusion of
liability, so these limits may not apply to you. If you are a member based in
the EU, you have legal remedies if we cause you loss by our breach or
non-performance of our legal obligations, or by our negligence, and these terms
do not affect those statutory remedies.
9. DISPUTE RESOLUTION
If you have a dispute with Selfwish, you agree to try to work it out directly
with us first. If we can't work it out, with limited exceptions, you must submit
any dispute with us to a neutral arbitrator instead of taking the claim to a
court of law. Claims can only be brought individually, and not as part of a
class action. Users based in the European Union may have additional or different
rights, as provided by applicable law. Selfwish has no obligation to get
involved with any disputes you have with other users, although we may try to
facilitate a resolution.
9.1 INFORMAL RESOLUTION.
Before making any claim, you and Selfwish agree to try to resolve any disputes
through good faith discussions. We use the term "claim" in this Section 9 to
mean any dispute, claim or controversy arising out of or relating to your use of
our Platform or this Agreement, including your participation in Selfwish
activities. You or Selfwish may initiate this process by sending written notice
according to Section 11.2 describing the dispute and your proposed resolution.
In the event that we cannot resolve the issue within 30 business days following
receipt of the initial notice, you or Selfwish may bring a claim in accordance
with this Section 9. Users based in the European Union may have additional or
different rights, as provided by applicable law.
9.2 ARBITRATION AGREEMENT.
The arbitration procedures described in this Section 9.2 applies to all users,
except for users who are based in the European Union. Section 9.6 sets out the
dispute resolution procedures that apply to users who are based in the European
Union.
A. MANDATORY ARBITRATION.
Except as set forth in Section 9.3, you agree to submit any claim to JAMS, Inc.,
or its successor ("JAMS") for final and binding arbitration. In arbitration,
certain rights that you or we would have in court may not be available, such as
discovery or appeal. You and Selfwish are each expressly waiving any right to
trial by judge or jury in a court of law. This agreement to arbitrate shall
apply regardless of whether the claim arises during or after any termination of
this Agreement or your relationship with Selfwish.
B. ARBITRATION TIME FOR FILING.
Any claim subject to arbitration must be filed within one year after the date
the party asserting the claim first knows or should know of the act, omission or
default giving rise to the claim, or the shortest time period permitted by
applicable law.
C. ARBITRATION PROCEDURES.
Either party may commence arbitration by filing a written demand for arbitration
with JAMS, with a copy to the other party according to the notice procedures in
Section 11.2. The arbitration will be conducted in accordance with JAMS
Streamlined Arbitration Rules and Procedures and any other applicable rules that
JAMS requires ("JAMS Rules") that are in effect as of the demand for
arbitration. You agree that the U.S. Federal Arbitration Act and federal
arbitration law govern the interpretation and enforcement of these arbitration
provisions. Any arbitration hearings will take place in Broward County, Florida
or elsewhere as required by JAMS Rules. Your responsibility to pay any filing,
administrative and arbitrator fees will be solely as set forth in the JAMS
Rules. The parties will cooperate with JAMS and each other in scheduling the
arbitration proceedings, and in selecting one arbitrator from the appropriate
JAMS list with substantial experience in resolving intellectual property and
contract disputes. The arbitrator shall follow this Agreement and, to the extent
permitted by JAMS Rules, can award costs, fees, and expenses, including
attorneys' fees, to the prevailing party, except that the arbitrator shall not
award declaratory or injunctive relief benefiting anyone but the parties to the
arbitration. Judgment upon the award rendered by such arbitrator may be entered
in any court of competent jurisdiction.
9.3 EXCEPTIONS.
You or Selfwish may assert claims, if they qualify, in small claims court in
Broward County, Florida or any U.S. County where you live or work. You or
Selfwish may seek injunctive relief from a court of competent jurisdiction in
Broward County, Florida as necessary to protect the intellectual property rights
of you or Selfwish pending the completion of arbitration. Selfwish may take
action in court or arbitration to collect any fees or recover damages for, or to
seek injunctive relief relating to, Platform operations, or unauthorized use of
our Platform or intellectual property. Nothing in this Section 9 shall diminish
Selfwish's right to modify, suspend or terminate your account or access to our
Platform under Section 2.2.
9.4 ARBITRATION OPT OUT. YOU MAY DECLINE TO RESOLVE DISPUTES THROUGH ARBITRATION
BY EMAILING US AT ARBITRATION-OPT-OUT@THESELFWISH.COM WITHIN 30 DAYS OF THE DATE
YOU FIRST AGREE TO THIS AGREEMENT.
Your email must include your full name, residential address, the email address
registered to your Selfwish account, and a clear statement that you want to opt
out of arbitration. If you opt out according to this process, then Section 9.2
of this Agreement does not apply to you. This opt-out does not affect any other
sections of this Agreement, such as Sections 9.3 (Exceptions), 9.5 (Class Action
Waiver), 11.5 (Governing Law), 11.6 (Judicial Forum), and 11.7 (Time for
Filing).
9.5 CLASS ACTION WAIVER.
You agree to resolve disputes with Selfwish on an individual basis. You agree
not to bring a claim as a plaintiff or a class member in a class, consolidated,
or representative action. You are expressly waiving any right to participate in
class actions, class arbitrations, private attorney general actions, and
consolidation with other arbitrations.
9.6 DISPUTE RESOLUTION TERMS APPLICABLE TO USERS BASED IN THE EU.
If you are a member based in the European Union, the mandatory provisions of the
law of the country in which you are resident will apply. Nothing in this
Agreement will affect your rights as a consumer to rely on the mandatory
provisions of the local law that applies. If you are based in the European
Union, the local laws in your European Union Member State may allow you to take
legal action against Selfwish in your Member State and to invoke certain local
laws against Selfwish. The European Commission provides for an online dispute
resolution platform.
10. INTELLECTUAL PROPERTY
10.1 INTELLECTUAL PROPERTY OF SELFWISH.
Selfwish trademarks, logos, service marks, and service names are the
intellectual property of Selfwish. Our Trademark Usage Guidelines explain how
you may and may not use them. Our Platform, including our material on the
Platform, are also our or our licensors' intellectual property. Except as
described in the Trademark Usage Guidelines, you agree not to use our
intellectual property without our prior written consent.
10.2 INTELLECTUAL PROPERTY OF OTHERS.
Selfwish respects the intellectual property of others, and we expect our users
to do the same. We may, in appropriate circumstances and in our discretion,
remove or disable access to material that we believe may infringe on the
intellectual property rights of others. We may also restrict or terminate access
to our Platform to those who we believe to be repeat infringers. If you believe
your intellectual property rights have been violated, please review our
Intellectual Property Dispute Policies.
11. GENERAL TERMS
Summary: This section contains terms we have added for miscellaneous purposes.
Please continue to read this section carefully.
11.1 TRANSLATION.
This Agreement was written in English. It was then translated into other
languages. If there is any inconsistency between the English version and a
translated version, the English language version controls.
11.2 NOTICES.
Except as otherwise stated in this Agreement or as expressly required by law,
any notice to us shall be given by email to legal@theSelfwish.com. Any notice to
you shall be given to the most current email address in your account.
11.3 ENTIRE AGREEMENT.
This Agreement, including the Usage and Content Policies, Activity Policies,
Organizer Standards, Intellectual Property Policies, Trademark Usage Guidelines,
and API License Terms, constitutes the entire agreement between you and
Selfwish, superseding any prior agreements between you and Selfwish on such
subject matter.
11.4 NO AGENCY.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship between you and Selfwish is intended or
created by this Agreement. A member of the Selfwish Platform is not Selfwish's
representative or agent, and may not enter into an agreement on Selfwish's
behalf.
11.5 GOVERNING LAW.
This Agreement and the relationship between you and Selfwish shall be governed
by the laws of the State of Florida without regard to its conflict of laws
provisions, except as provided in Section 9.
11.6 JUDICIAL FORUM.
If our agreement to arbitrate is found not to apply to you or your claim, or if
you opt out of arbitration pursuant to Section 9.4, you and Selfwish agree that
any judicial proceedings (other than small claims actions) must be brought
exclusively in the federal or state courts located in Broward County, Florida,
and you and Selfwish agree to venue and personal jurisdiction in those courts.
If you are a member based in the European Union, you may bring judicial
proceedings against us arising from or in connection with this Agreement in your
country of residence. In addition, for users based in the European Union, the
European Commission provides for an online dispute resolution platform
11.7 TIME FOR FILING.
Any claim not subject to arbitration must be commenced within one year after the
date the party asserting the claim first knows or should know of the act,
omission or default giving rise to the claim, or the shortest time period
permitted by applicable law. This clause does not apply to you if you are based
in the European Union.
11.8 ASSIGNMENT.
This Agreement is not assignable, transferable, or sublicensable by you except
with Selfwish's prior written consent, but may be assigned or transferred by us
to our corporate parent or any affiliate or subsidiary, or in connection with a
merger, acquisition, corporate reorganization, sale of all or substantially all
of Selfwish's assets, or similar transaction.
11.9 NO WAIVER.
arty's failure to exercise or enforce any right or provision of this Agreement
shall not constitute a waiver of such right or provision and does not waive any
right to act with respect to subsequent or similar breaches.
11.10 SEVERANCE.
If any provision of this Agreement is found to be invalid by a court of
competent jurisdiction, you and Selfwish nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and that the other provisions of this Agreement will remain in full
force and effect.
11.11 THANK YOU.
Please accept our wholehearted thanks for reading our Terms of Service.
11.12 TERMINATION.
If we terminate your account or access to our Platform, this Agreement
terminates with respect to the member account that has been terminated, provided
that the provisions listed in Section 11.13 will survive such termination.
11.13 SURVIVAL.
Sections 3 (Fees, Payments, and Offers), 4.2 (Content License from You), 4.3
(Privacy), 6 (Release), 7 (Indemnification), 8 (Warranty Disclaimer and
Limitation of Liability), 9 (Dispute Resolution), and 11 (General Terms) of this
Agreement, and any other provisions necessary to give effect to these
provisions, shall survive any termination or expiration of this Agreement.
11.14 TITLES.
The section titles in this Agreement are for convenience only and have no legal
or contractual effect. The information in "Terms of Service Overview" section
and in the "Tips" and "Summary" sections is also for convenience only and has no
legal or contractual effect.
11.15 VIOLATIONS.
Please report any violations of this Agreement by a member or third-party by
sending an email to useraccount@theSelfwish.com.
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