- Registration and Account Security
- Protecting Other People's Rights
- Mobile and Other Devices
- About Advertisements and Other Commercial Content Served or Enhanced by 90wish
- Special Provisions Applicable to Software
- Other aspects
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the 90wish Principles, and is our terms of service that governs our relationship with users and others who interact with 90wish, as well as 90wish brands, products and services, which we call the "90wish Services" or "Services". By using or accessing the 90wish Services, you agree to this Statement, as updated from time to time.
Your privacy is very important to us. You own all of the content and information you post on 90wish, and you can control how it is shared. In addition:
a) When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
b) When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
c) Your profile is available to others 90wish users even you are or not friends on 90wish in order to facilitate the recognition and relations between users.
d) When you publish content or information using the Public setting, it means that you are allowing all the users and your friends on 90wish, to access and use that information, and to associate it with you (i.e., your wishes and events).
e) The Preferences and the friends list is available to all your 90wishs friends.
f) Your 90wish friends list is available to all your 90wish friends.
g) We always appreciate your feedback or other suggestions about 90wish, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep 90wish safe, but we cannot guarantee it. We need your help to keep 90wish safe, which includes the following commitments by you:
a) You will not post unauthorized commercial communications (such as spam) on 90wish.
b) You will not collect users' content or information, or otherwise access 90wish, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
c) You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on 90wish.
d) You will not upload viruses or other malicious code.
e) You will not solicit login information or access an account belonging to someone else.
f) You will not bully, intimidate, or harass any user.
g) You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
h) You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
i) You will not use 90wish to do anything unlawful, misleading, malicious, or discriminatory.
j) You will not do anything that could disable, overburden, or impair the proper working or appearance of 90wish, such as a denial of service attack or interference with page rendering or other 90wish functionality.
k) You will not facilitate or encourage any violations of this Statement or our policies.
3. Registration and Account Security
90wish users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
a) You will not provide any false personal information on 90wish, or create an account for anyone other than yourself without permission.
b) You will not create more than one personal account.
c) If we disable your account, you will not create another one without our permission.
d) You will not use your personal timeline primarily for your own commercial gain, and will use a 90wish Page for such purposes.
e) You will not use 90wish if you are under 13.
f) You will not use 90wish if you are a convicted sex offender.
g) You will keep your contact information accurate and up-to-date.
h) You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
i) You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
j) If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
4. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
a) You will not post content or take any action on 90wish that infringes or violates someone else's rights or otherwise violates the law.
b) We can remove any content or information you post on 90wish if we believe that it violates this Statement or our policies.
d) You will not post anyone's identification documents or sensitive financial information on 90wish.
e) You will not tag users or send email invitations to non-users without their consent.
5. Mobile and Other Devices
a)We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
b)You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on 90wish.
6. About Advertisements and Other Commercial Content Served or Enhanced by 90wish
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
a) You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you.
b) We do not give your content or information to advertisers without your consent.
c) You understand that we may not always identify paid services and communications as such.
7. Special Provisions Applicable to Software
a) If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
b) You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
a) We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
b) If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
c) Your continued use of the 90wish Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of 90wish to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 1.a, 1.d, 2-4, 6.c and 9-12.
a) You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or 90wish exclusively in the Romanian country and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the Romanian country as well as any claim that might arise between you and us, without regard to conflict of law provisions.
b) If anyone brings a claim against us related to your actions, content or information on 90wish, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on 90wish and are not responsible for the content or information users transmit or share on 90wish. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on 90wish. We are not responsible for the conduct, whether online or offline, of any user of 90wish.
c) We try to keep 90wish up, bug-free, and safe, but you use it at your own risk. We are providing 90wish as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we do not guarantee that 90wish will always be safe, secure or error-free or that 90wish will always function without disruptions, delays or imperfections. 90wish is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or 90wish, even if we have been advised of the possibility of such damages.
a) By "90wish" or "90wish Services" we mean the features and services we make available. 90wish reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
b) By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from 90wish or provide data to us.
c) By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with 90wish.
d) By "content" we mean anything you or other users post, provide or share using 90wish Services.
e) By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from 90wish or provide to 90wish through Platform.
f) By "post" we mean post on 90wish or otherwise make available by using 90wish.
g) By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
h) By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
12. Other aspects
a) Tthis Statement is an agreement between you and 90wish.
b) This Statement makes up the entire agreement between the parties regarding 90wish, and supersedes any prior agreements.
c) If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
d) If we fail to enforce any of this Statement, it will not be considered a waiver.
e) Any amendment to or waiver of this Statement must be made in writing and signed by us.
f) You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
g) All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
i) This Statement does not confer any third party beneficiary rights.
j) We reserve all rights not expressly granted to you.
k) You will comply with all applicable laws when using or accessing 90wish.
By using or accessing 90wish Services, you agree that we can collect and use your content and information and also we can use and process personal data acording to Romanian laws.