Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The wishyouwerehere.us website (the "website" or "WYWH") is provided by Wish You Were Here for your and others' personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto ("Terms and Conditions"), and the rules that may be published from time to time by WYWH. By using this site, you are deemed to have agreed to these terms and conditions of use. WYWH may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on wishyouwerehere.us. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this site.
User Conduct
This website and any communications service, including the capability
to contribute material through the contribution form (each such submission,
a "Contribution"), chat room, message board, newsgroup, or other
interactive service that may be available to you on or through this site
(collectively, the "Services") are provided to you solely for
entertainment purposes. By using the website and Services you agree: (a)
to provide true, accurate, current and complete information about yourself
as prompted by the subscription form, contribution form and any registration
form. If any information provided by you is untrue, inaccurate, not current
or incomplete, WYWH reserves the right to terminate your subscription
and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Website or Services to:
Impersonate any person or entity, including, but not limited to, a Wish You Were Here official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the website;
Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
Act in a manner that negatively affects other users' ability to engage in the website or Services;
Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this website or the Content posted by others on this website or use such information for any purpose inconsistent with the purpose of this website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. WYWH assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to wishyouwerehere.us.
Any or all Content on the Website may be purged periodically at WYWH's sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by WYWH or submitted to WYWH, including Content.
Restrictions On Use of Material
The content on this Website is intended for entertainment purposes only.
Except as expressly permitted, you agree not to use the website for sale,
trade or other commercial purposes, and you may not modify, copy, publish,
display, transmit, adapt or in any way exploit the content of the website.
Only if you obtain prior written consent from WYWH may you publish, display
or commercially exploit any material from the website. To seek our permission,
you may write to us at our address provided below. If permission is granted
by us and by all other entities with an interest in the relevant intellectual
property, you may not change or delete any author attribution, trademark,
legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the website.
Unsolicited Materials
In operating this site, WYWH does not solicit nor does it wish to receive
any confidential, secret or proprietary information or other material
from you through the website or WYWH mail and email addresses, or in any
other way. Any information or material submitted or sent to WYWH, will
be deemed not to be confidential or secret. By submitting or sending information
or other material to WYWH you represent and warrant that the information
is original to you and that no other party has any rights to the material.
User's Grant Of Limited License
By communicating with WYWH, including submitting or sending Content, a
Contribution or other information or material to wishyouwerehere.us, you grant
WYWH the royalty-free, unrestricted, world-wide, perpetual, irrevocable,
non-exclusive and fully sub-licensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part), including any information,
suggestions, ideas, drawings or concepts contained in such Content, worldwide
and/or to incorporate it in other works in any form, media, or technology
now known or later developed. Such license includes incorporating a Contribution,
in whole or in part, into a WYWH feature. You will remain responsible
for the accuracy, copyright compliance, legality, decency, or any other
aspect of such submitted material, including any Contribution or part
thereof, or other communication to WYWH.
You also warrant that any "moral rights" in posted materials have been waived.
Linked Sites
You may be able to link to third parties' websites from WYWH. Linked Sites
are not, however, reviewed, controlled, or examined by WYWH in any way
and WYWH is not responsible for the content, availability, advertising,
products or other materials of any such Linked Sites, or any additional
links contained therein. These links do not imply WYWH’s endorsement
of or association with the Linked Sites. It is your sole responsibility
to comply with the appropriate terms of service of the Linked Sites as
well as with any other obligation under copyright, secrecy, defamation,
decency, privacy, security and export laws related to the use of such
Linked Sites and any content contained thereon. In no event shall WYWH
be liable, directly or indirectly, to anyone for any loss or damage arising
from or occasioned by the creation or use of the Linked Sites or the information
or material accessed-through these Linked Sites. You should direct any
concerns to that site's administrator or webmaster. WYWH reserves the
exclusive right, at its sole discretion, to add, change, decline or remove,
without notice, any feature or link to any of the Linked Sites from the
Website and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by us for any type of link to wishyouwerehere.us. To seek our permission, you may write to WYWH. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the website, at our discretion at any time.
Intellectual Property Rights
All materials contained in this Website are the copyrighted property of
Wish You Were Here. As between WYWH and you, WYWH is the sole owner of
all content on the website, including without limitation, all applicable
U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets,
and other intellectual property rights thereto. Except as otherwise specifically
provided in these Terms and Conditions, you may not download or save a
copy of the website or any portion thereof, for any purpose. You may,
however, print a copy of individual screens appearing as part of the website
solely for your personal, non-commercial use or records, provided that
any marks, logos or other legends that appear on the copied screens remain
on, and are not removed from the printed or stored images of such screens.
All title and intellectual property rights in and to the content of the
Linked Sites is the property of the respective content owner and may be
protected by applicable copyright or other intellectual property laws
and treaties.
Parental Permission
This Website is not intended to be a children's site, therefore, some
of the available information may concern certain topics that may not be
appropriate for children. WYWH may, at its discretion, require users under
18 to obtain the consent of a parent or guardian to view certain content,
and WYWH may limit access to certain content to users above a specified
age. You agree to abide by any such restrictions, and not to help anyone
avoid these restrictions.
Privacy Policy
We are committed to protecting your privacy and security and have explained
in detail the steps we take to do so. We urge you to read our privacy
policy.
Disclaimer Of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS"
AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WYWH SPECIFICALLY DISCLAIMS
ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS,
USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEBSITE OR SERVICES; AND
(ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, INCLUDING
WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR
DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. WYWH
DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEBSITE WILL
BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE
MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS
TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
WYWH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE. YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation Of Liability
IN NO EVENT WILL WISH YOU WERE HERE, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS,
BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF
THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, EVEN
IF WYWH OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT,
OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE. BECAUSE
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, WYWH’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW.
Indemnification
Upon a request by WYWH, you agree to defend, indemnify and hold WYWH,
its affiliates, officers, directors and employees harmless from any and
all claims, liabilities, costs and expenses, including reasonable attorneys'
fees, arising in any way from your use or misuse of the website or Services,
or the uploading, posting, publishing, emailing, reproduction, distribution
or transmission of any Content or other materials by you or users authorized
by you or any violation of these Terms and Conditions by you. WYWH reserves
the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event
you will cooperate with WYWH in asserting any available defense.
Copyrights And Copyright Agent
We respect the intellectual property rights of others, and require that
the people who use the wishyouwerehere.us website do the same.
Applicable Laws / Jurisdiction
You agree that the laws of the State of New York, excluding its conflicts-of-law
rules, shall govern these Terms and Conditions. Please note that your
use of the website may be subject to other local, state, national, and
international laws. You expressly agree that exclusive jurisdiction for
any claim or dispute with WYWH or relating in any way to your use of the
Website resides in the courts of the State of New York, and you further
agree and expressly consent to the exercise of personal jurisdiction in
the courts of the State of New York, in connection with any such dispute
and including any claim involving WYWH or its affiliates, subsidiaries,
employees, contractors, officers, directors, telecommunication providers
and content providers. We control and operate this site from our offices
in New York, New York. We do not represent that materials on the site
are appropriate or available for use outside of New York, New York. Persons
who choose to access this site 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.
Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect,
as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever,
any of your rights or obligations under this Agreement. WYWH may transfer,
assign sublicense or pledge in any manner whatsoever, any of its rights
and obligations under this agreement to a subsidiary, affiliate, or successor
thereof or to any third party whatsoever, without notifying you or receiving
your consent.
If you have any questions about this policy or our site in general, please contact us at editors@wishyouwerehere.us.
