Description of Service
Our Sites provide information and materials related to WISHESDB, our stories, quotes, billboards, tv and radio ads, videos, your stories and inspirations, as well as other resources and content (collectively the “Content”). To the extent new services, Content or features are added to our Sites in the future, your use thereof is subject to these Terms.
Third-party Services and Content
Modifications and Interruption to the Sites
We reserve the right to modify, discontinue, or temporarily prevent access to all or any portion of our Sites at any time, with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Sites, or that operation of our Sites will be uninterrupted or error free. You understand that usage of our Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
As a condition of your right to use our Sites, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Sites and accessing the Content under the laws of the United States or other country. If you are under the age of 18, you may use our Sites only with parental supervision.
License to Content
We encourage you to share the values and inspirations you see on our Site. You are permitted to use our downloads, podcasts, radio ads, e-cards and other materials (“Inspirational Materials”), for non-commercial educational or personal purposes only, provided you do not remove any trademark, copyright or other notice therefrom. With the exception of our video Public Service Announcements (PSAs) which are described below) WISHESDB hereby grants you a limited, non-exclusive and revocable license to reproduce the Inspirational Materials and to distribute, display, and publicly perform the Inspirational Materials in connection with any non-commercial activities (whether in a school, religious institutions, government institutions, or otherwise). However, you are prohibited from selling or otherwise receiving any compensation from any Inspirational Materials or other Content, posting the PSAs to a website or otherwise distributing or making the PSAs available to the general public (other than sharing links to the PSAs, provided there are no pop-up windows or other interstitial content served to users before they arrive at the PSAs, and provided that the PSAs may not be framed with other content) . If you would like to request permission for uses not expressly permitted by this paragraph, please write to firstname.lastname@example.org.
User-Submitted Content and User Conduct
Any content, whether uploaded, posted, submitted, or otherwise made available to us or on our Sites, including without limitation postings through our “create your own billboard” feature, user submitted stories, comments to blog posts, user content from social media, or any other content which does not originate with WISHESDB, or our partners or affiliates (“User Content”), is the sole responsibility of the person who made such User Content available through our Sites or social media channels. Under no circumstances will WISHESDB, our partners or affiliates, be liable in any way for any User Content made available through any of our Sites. We may not moderate all comments to postings made on our Site or User Content on certain other areas of our Sites, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any publicly available User Content.
You agree that you will not use any of our Sites to transmit or make available any content that:
- violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
- infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
- contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual;
- you know or have reason to know is false, misleading, or fraudulent;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- employs any techniques to disguise the origin of the content submitted;
- contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “Ponzi schemes” or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
- incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
- contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
Ownership of User Content
If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and/or posted by individual visitors to our Sites. However, by uploading, posting, transmitting or otherwise making any User Content available on or through our Sites or social media, you are granting us, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute or perform publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.
You agree not to use the Sites to (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Sites; (d) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Sites or services or networks connected to the Sites or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites. You agree not to use the Sites to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by WISHESDB in its sole discretion.
Without our written consent, you may not (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any Inspirational Materials or other Content; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our web pages or the Content contained thereon; (iv) deep link to the Site for any purpose; or (v) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WISHESDB, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “WISHESDB”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, RESOURCES, EDUCATIONAL MATERIALS, AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WISHESDB PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SITE.
UNDER NO CIRCUMSTANCES, WILL ANY OF WISHESDB PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY WISHESDB PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE WISHESDB PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify and hold WISHESDB Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of the Site in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you or another user of our Site using your computer, mobile device or account.
All communications, feedback, questions, comments, suggestions, proposed features, and the like provided by visitors to our Sites (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of WISHESDB.
By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing Inspirational Materials and other products and services using such Feedback, without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code.
You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
Copyright and Trademark Information
All Content, copyrights and other intellectual property rights in the Content available on our Site, including without limitation the Pass It On and passiton.com trademarks, our Site design, the text, graphics, interfaces, and the selection and arrangements thereof, are owned by WISHESDB, with all rights reserved, or in some cases (such as User Content or certain music) may be licensed to WISHESDB by third parties. This Content is protected by the intellectual property rights of WISHESDB or those owners. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with WISHESDB.Notification of Claimed Copyright Infringement
In the event that you find Content posted on the Site which is believed to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact WISHESDB’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information:
- your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
- a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
- your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
- a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to:
In accordance with the DMCA, it is the policy of WISHESDB to terminate use of our Site by repeat infringers in appropriate circumstances.Other Content Complaints and Removal Requests
If you believe that any Content on our Site violates these Terms or is otherwise inappropriate, please report the Content at the address listed in the ‘Contact Us’ section below, or send an email to email@example.com. If you are a California resident who posted content to our Site when you were under the age of 18 and you are now requesting removal of that content, please send an email to firstname.lastname@example.org with your name, date of the posting, URL of the posting, and a description of the posting, so that we are able to locate and remove it for you in accordance with California law (however, please note that we cannot guarantee complete or comprehensive removal of the content).
Separate versions of our Content or our Sites may be available for use on mobile devices or in mobile applications. If you access our Site or Content on mobile devices or through mobile applications, you understand that your mobile carrier’s standard charges will apply.
Any dispute arising out of or relating in any way to your use of our Sites or any products, services, or information you receive through our Sites, shall be submitted to confidential, binding arbitration in Denver, Colorado, pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Denver, Colorado, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
The laws of the state of Colorado and the United States govern these Terms and any claims arising out of or relating to use of the Sites, without giving effect to any choice of law rules. We make no representation that our Sites are appropriate, legal or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Denver, Colorado will serve as the venue for any actions brought, or claims made, arising out of your use of our Sites.Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Changes to These Terms
We reserve the right, at any time, to modify, alter, or update these Terms at any time without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Site, without further notice to you. Your continued use of any of our Site after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.
If any provision of these Terms is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of WISHESDB. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms as supplemented by any “click-through agreements,” shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Site. You agree and understand that these Terms together with any other applicable click-through agreements you may have entered into regarding our Site, constitutes the entire agreement between you and WISHESDB regarding your use of the Sites, and that any other prior agreements between you and WISHESDB are superseded by these Terms. Any failure by WISHESDB to exercise its rights under these Terms or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Site or relating to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions about these Terms, please feel free to contact us as follows: