Welcome to Wishbonix. You must read and agree to these terms and conditions before you may access or view our site or sites. Please read them carefully. By visiting the Wishbonix site, you are agreeing to its terms. This Agreement is subject to change at any time, and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement.
Purchasing or membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement. Content which is available within this site may include graphic visual depictions and descriptions should not be accessed by anyone who is offended by such materials or who does not wish to be exposed to such materials.
By using and/or viewing this site or purchasing from this site, you represent and warrant under penalty of perjury the following:
A) That you understand that when you gain access to this site, you will be exposed to visual images, verbal descriptions and audio sounds. You are voluntarily choosing to do so, because you want to view, read and/or hear the various materials which are available, for your own personal enjoyment, information and/or education.
B) That you represent and warrant that you have not and will not use and/or view the Site(s) in a restricted location – namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
Wishbonix reserves the right to terminate your access to the site for any reason or no reason. By sending notice to you at the email address you have provided or such other email address as you may later provide to us. The right to terminate your access to the site and to refuse service to any one is absolute and under the complete discretion of Wishbonix.
3. Non-Commercial Use by Members/Viewers
This Wishbonix site is for the personal use of viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use site for any purpose including but not limited to: sending unsolicited commercial e-mail to viewers, sending advertisements for other web sites and services in this site’s chat rooms, or using personal identifying information for commercial purposes. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at Wishbonix’s sole discretion. In order to prevent the sending of unsolicited commercial email or chat messages to its viewers, Wishbonix may take reasonable steps to prevent such occurrences at Wishbonix’s sole discretion.
4. Proprietary Rights of Content on Wishbonix
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Wishbonix and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Wishbonix or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Wishbonix will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Wishbonix owns and retains all proprietary rights in the Wishbonix site and the Wishbonix services. The site contains the copyrighted material, trademarks, and other proprietary information of Wishbonix and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, including, but not limited to, content, blog posts, comments, product names and product descriptions, emails and email responses, instructions, logos, trademarks, copyrights, pictures and all downloadable products (.pdf files and mp3 files).
You should assume that everything you see or read on the Site is copyrighted or trademarked and unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of Wishbonix. Wishbonix neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Wishbonix.
Wishbonix will protect its Intellectual Property to the fullest extent of the law and will aggressively prosecute all infringers of its Trademarks and Copyrights.
Violation of the Trademark law, Trademark infringement, a violation under section 1125 (a) or (d) of title 15 of the US Code, or a willful violation under section 1125 (c) of the US Code, may result in the recovery of
(1) the Violator’s profits,
(2) any damages sustained by Wishbonix, and
(3) the costs of the action. The court shall may asses such profits and damages or cause the same to be assessed under its direction.
In assessing the damages a court may, enter judgment for three times such profits or damages, whichever is greater, together with a reasonable attorney’s fees. in the case of any violation of section 1114 (1)(a) of this title 15 of the US Code that consists of intentionally using a mark or designation, knowing such mark or designation is a counterfeit mark (as defined in section 1116 (d) of this title 15 of the US Code), in connection with the sale, offering for sale, or distribution of goods or services. In such cases, the court may in its discretion award prejudgment interest on such amount
In a case involving the use of a counterfeit, in connection with the sale, offering for sale, or distribution of goods or services, the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages and profits an award of statutory damages for any such use in connection with the sale, offering for sale, or distribution of goods or services in the amount of—
(1) not less than $500 or more than $100,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or
(2) if the court finds that the use of the counterfeit mark was willful, not more than $1,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just.
If someone copies anything on the Wishbonix site, Wishbonix will prosecute them to the fullest extent of the law under the Copyright Law. Violation of the Copyright law, Copyright infringement, under US Code, Title 17, section 504, an infringer of copyright is liable for either:
(1) the copyright owner’s actual damages and any additional profits of the infringer, or
(2) statutory damages.
Actual Damages and Profits: The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
(c) Statutory Damages. — the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.
(2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200.
5. Content Posted on the Site
B) You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Wishbonix site, or transmit to Wishbonix Viewers.
C) By posting content to any public area of Wishbonix, you automatically grant, and you represent and warrant that you have the right to grant, to Wishbonix and its Viewers, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. As a visitor to Wishbonix if you provide Wishbonix with your email address via a registration process or post it on Wishbonix you thereby authorize Wishbonix and its affiliates and any entities that Wishbonix becomes involved with or merges with, the right to use and/or sell your valid email address for any marketing programs or communications with you.
D) Wishbonix will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service. The following is a partial list of the kind of content that is illegal or prohibited on the site – it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of “junk mail”, “chain letters,” or unsolicited commercial e-mail or “spamming”; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or beastiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
E) You must use the Wishbonix site in a manner consistent with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Wishbonix site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Wishbonix by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other Wishbonix viewers. Although Wishbonix cannot monitor the conduct of its viewers off the Wishbonix site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
H) The Blog is provided as a service to our visitors Posting information on the Blog is at your own risk.
I) While Wishbonix uses reasonable efforts to include accurate and up to date information in the Site, Wishbonix makes no warranties or representations as to its accuracy. Wishbonix assumes no liability or responsibility for any errors or omissions in the content of the Site.
6. Copyright Policy/DMCA Notice
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including “fair use”. Without limiting the foregoing, if you believe that your work has been copied and posted on the Wishbonix site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written 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 statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Wishbonix’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
General Counsel, Wishbonix
It is the intention of Wishbonix to fully comply with the DMCA, including the Notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and “take down” requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
Wishbonix does not control the information provided by other users that are made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other Wishbonix users. Because Wishbonix is not involved in user interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on the Wishbonix site, you release Wishbonix, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (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 says: “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.” Wishbonix reserves the right, but has no obligation, to monitor disputes between you and other members.
Wishbonix, including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the site or in connection with the Wishbonix service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or viewer of the Wishbonix service whether online or offline. Wishbonix assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. Wishbonix is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Viewers or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Wishbonix site and/or in connection with the Wishbonix service. Under no circumstances is Wishbonix. responsible for any loss or damage resulting from anyone’s use of the Site or the service and/or any content posted on the Wishbonix site or transmitted to Wishbonix Users. The use of this site is for entertainment purposes only and information provided is based on spiritual beliefs. There are no claims of the accuracy of the content and You agree that Wishbonix makes no guarantees regarding the validity, truth, or likelihood of any and all information obtained on any of our sites whether through a public or private paid for service of the site.
Wishbonix makes no claims nor guarantees any medical, supernatural or magical qualities for any product that is sold on this site. The site, the service and the merchandise are provided “AS-IS” and Wishbonix expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Wishbonix cannot guarantee and does not promise any specific results from use of the site and/or the purchases of products made from Wishbonix, this site or the Wishbonix service, whether the purchase is made on the site or by mail as provided. Once a purchase has been made and delivered by Wishbonix, it is a final sale, there are no refunds, reimbursements or replacements. Please read the instructions and follow them carefully. Failure to follow the instructions carefully may inhibit the result you are looking for and Wishbonix and is not responsible and expressly disclaims the warranties and fitness for a particular purpose as explained above.
10. Limitation on Liability
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Wishbonix be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the Wishbonix service, even if Wishbonix has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Wishbonix’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Wishbonix for the service and/or product purchased.
Your use of and browsing in the Site are at your risk. Neither Wishbonix nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Wishbonix also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Although Wishbonix may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Wishbonix is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Wishbonix will fully cooperate with any law enforcement authorities or court order requesting or directing Wishbonix to disclose the identity of anyone posting any such information or materials.
11. U.S. Export Controls
Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Jurisdiction and Arbitration of Disputes
The Sites are controlled and operated by Wishbonix from its offices within the State of California, United States of America. Wishbonix makes no representation that materials in the Sites are appropriate or available for use in other locations and other countries. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Wishbonix may bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Los Angeles County, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Wishbonix.
Wishbonix may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.