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Terms of Use Agreement

This Terms of Use Agreement (the "Agreement") is entered into between you, the user ("User") and WishesBirds ("Company"), regarding the use of the Company's website and any related services (collectively, the "Services").

Please read this Agreement carefully before accessing or using the Services. By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree with any part of the Agreement, you may not access or use the Services.

1. Acceptance of Terms

By accessing or using the Services, the User agrees to comply with and be bound by this Agreement. The User represents and warrants that they have the legal authority to enter into this Agreement and to use the Services in accordance with all applicable laws and regulations.

2. Jurisdiction and Applicable Law

This Agreement shall be governed and construed in accordance with the laws of the jurisdiction or region selected by the User from the following customizable options:

  • United States (including California)

3. Language

This Agreement is provided in the English language, and the User agrees that any translations of this Agreement are for convenience only and do not have legal validity.

4. Intellectual Property Rights

All content available on the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of the Company or its licensors and is protected by applicable intellectual property laws.

The User agrees not to reproduce, modify, distribute, display, or create derivative works from any of the content on the Services without the express written permission of the Company.

5. User Content and Conduct

The User may have the opportunity to submit, post, or display content on or through the Services ("User Content"). The User retains any intellectual property rights they hold in their User Content, but grants the Company a non-exclusive, worldwide, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute the User Content for the purposes of providing and improving the Services.

The User agrees not to use the Services to:

  • Upload, post, or transmit any User Content that is unlawful, defamatory, obscene, harmful, abusive, or otherwise objectionable.
  • Engage in any activity that could disrupt, negatively affect, or inhibit other users from using the Services.
  • Violate any applicable laws or regulations.

The Company reserves the right to remove any User Content that violates this Agreement or is otherwise objectionable.

6. Limitations of Liability

To the maximum extent permitted by applicable laws, the Company, its officers, directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with the use or inability to use the Services.

7. Disclaimers

The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. The Company does not warrant that the Services will be uninterrupted or error-free, nor does it make any representations regarding the accuracy, reliability, or completeness of any content on the Services.

8. Modification and Termination

The Company reserves the right, at its sole discretion, to modify or terminate the Services or this Agreement at any time, without prior notice. The User agrees that the Company shall not be liable to the User or any third party for any modification or termination of the Services or this Agreement.

9. Privacy

The Company respects the User's privacy and will collect, use, and disclose personal information in accordance with its Privacy Policy. By using the Services, the User consents to the Company's collection, use, and disclosure of personal information as described in the Privacy Policy.

10. Entire Agreement

This Agreement constitutes the entire agreement between the User and the Company regarding the use of the Services, superseding any prior agreements or understandings, written or oral.

11. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. Waiver

The failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.