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Terms of Use

The following terms and conditions govern all use of SpicyWish.com, its content, services, and applications (the “Services”), including any other applications that link to this agreement.

By accessing and using services provided via the SpicyWish.com (the "Website") and/or various applications and tools that we operate on third-party websites and devices, such as Facebook, smartphones or tablets (such services offered through the Website, applications or tools collectively, the "Services"), you are agreeing to the following Terms of Service.

We may change these Terms of Service, in whole or in part, at any time. Changes will become effective upon notice. Your continued use of the Services following notification shall constitute your acceptance of all changes, and each use of the Services constitutes the reaffirmation of your acceptance of these Terms of Service. If you do not agree to the changes to these Terms of Service, your sole and exclusive remedy will be to terminate your account and use of the Services.

DESCRIPTION OF SERVICES

As a Member, you will be provided with a variety of Services, as described on the SpicyWish.com website. Members may also use specific additional services offered from time to time such as shopping and e-commerce offerings and various informational services. SpicyWish.com reserves the right to enhance, change, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at SpicyWish's sole discretion, with or without notice to Members, and with no obligation to Members.

SERVICE LIMITATIONS

We will do our best to make your experience with SpicyWish.com a pleasurable one, but we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings, or other service interruptions. For this reason, you agree that SpicyWish.com’s services, including the services of our third-party service providers, are provided “AS IS.” SpicyWish.com and our third party service providers cannot assume responsibility for the timeliness, deletion, misdelivery, or failure to store any user data, communications, or personalization settings. Also, you hereby acknowledge and agree that we obtain our data from third-party sources, which may or may not be completely thorough and accurate and as such, you cannot rely on its accuracy or completeness. 

REGISTRATION

Registration is optional; however, you will need to register with us and create a username to use certain Services and features. A username is a unique identifier selected or supplied by you or provided by us and is used to identify you on our Services. To register a username and create an account, you must be at least 13 years of age. You must give us true and accurate information about yourself and keep that information up to date. We may refuse or reject a username in our discretion.

While there are parts of the Services where access requires the payment of a fee ("Paid Services"), there is no cost to register to become a member of the Services. The specific Services available to you will vary depending upon:

  • Whether you register as a member
  • The community affiliation(s) to which you have self-identified
  • Whether or not you choose to purchase Paid Services

SECURITY

If you create a profile on the Services, you are responsible for maintaining the security of your account and profile, and you are entirely responsible for all consequences and activities that occur under your account. You must not describe or assign keywords to your profile misleadingly or unlawfully, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.

PASSWORD

During the registration process, we will provide you with a unique registration number. We will also either ask you to create a password or assign you a random password, which you can change at any time by logging onto the "Account" portion of the Services. Alternatively, you may have the option of using your Facebook login credentials or similar login processes or co-registration forms from or on other third-party websites to create an account and authenticate your access to the site. Because any activities that occur under your registration number or password are your responsibility, it is crucial for you to keep your registration number and password secure. Notify us immediately if you believe that someone has used your registration or password without your authorization.

MEMBER CONDUCT

Use of the Services by you, as a Member, is subject to all applicable local, state, national and international laws and regulations. The Services contain areas that enable members to communicate and share information, including without limitation sending email through the Services, providing information on your profile pages, and posting information on message boards, forums and other areas where you may interact with other members (collectively, the "Communication Tools").

You are required to use the Communication Tools responsibly, just as you would act responsibly when communicating or interacting with others in your offline communities. As a result, we expect and require that you take full responsibility for the Content that you post on or send through the Services. We have established some "Community Guidelines" that outline your obligations when using the Communication Tools.

  • Members shall not engage in any harassment, including, but not limited to, excessive repetition when listing a person as a referral, repeated unwanted contact, interfering with a Member's use of site or stalking
  • Members shall not list the email addresses of people unknown to them
  • Do not create a false identity, impersonate any person or entity, or otherwise misrepresent yourself, your age or your affiliation with any person or entity
  • Members shall not falsely represent that they are sponsored by, endorsed by, or affiliated with the SpicyWish.com website
  • Do not use the Services as a venue to air personal disputes with other individuals
  • Do not provide any Content that is illegal, obscene, pornographic or sexually explicit, depicts graphic or gratuitous violence or unlawful drug paraphernalia, or is derogatory, demeaning, malicious, defamatory, abusive, hateful, racially or ethnically offensive, or otherwise determined to be objectionable
  • Do not provide any Content that encourages a criminal offense or infringes, misappropriates, or otherwise violates the intellectual property rights or other rights of any third party
  • Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses
  • Do not give or post private communications from us or any other party without such party's permission
  • Members shall not publicly display information that poses or creates a privacy or security risk to another person

All decisions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of SpicyWish.com and its designees. We encourage you to use the tools available on the Services to report any Content that you think may violate the Community Standards. We may investigate the complaints that come to our attention but are not obligated to do so. If we choose to investigate, we will take any action that we believe is appropriate in our sole discretion, such as issuing warnings, removing the Content, or suspending or terminating accounts. SpicyWish.com is not obligated to provide a Member with a warning prior to content removal, or to suspend or terminating accounts.

DISCLAIMERS OF WARRANTIES

You expressly understand and agree to the following:

SpicyWish.com makes no warranty that:

  • the Service will meet your requirements
  • the Service will be uninterrupted, timely, secure, or error-free
  • the results that may be obtained from the use of the service will be accurate or reliable
  • the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations
  • that your email messages will not be lost, and any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the Service is done at your discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from SpicyWish.com, our third-party service providers, or through or from the Service will create any warranty not expressly stated in the terms. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent that any part of this section is not consistent with any other part of these terms, then this Disclaimer of Warranties will override it.

LIMITATION OF LIABILITY

Your use of the services is entirely at your sole risk. We, our parents, subsidiaries and other affiliates, and their respective owners, directors, officers, employees, licensors, and agents shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages or losses (including without limitation loss of profits, goodwill, use, data or other intangible losses), whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of, or inability to use, the services, even if we have been advised of the possibility of such damages or loss. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, and as a consequence, some of the above limitations may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold harmless us, our parent, affiliates, contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Profile, including but not limited to your violation of this Agreement.

CANCELLATION/TERMINATION

You may terminate your account, for any or no reason, at any time by contacting our Support Area. We may terminate your account, for any or no reason, at any time, with or without notice. If we determine, in our sole discretion, that you are not in compliance with these Terms of Service, we reserve the right to restrict, suspend or terminate your account. Upon any termination of your account, we may immediately deactivate or delete your account and all related information and bar any further access to your account, Content or information.

GOVERNING LAW

The Agreement and the relationship between Member and SpicyWish.com shall be governed by and interpreted following the laws of the State of Massachusetts, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and SpicyWish.com nevertheless agree that the court should strive to give effect to your and SpicyWish.com's intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to SpicyWish.com, the Services, and this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. SpicyWish.com makes no representation that any material and other content on this website is appropriate and available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access this website from other locations do so on their initiative and at their own risk and are solely responsible for compliance with all applicable laws.

AGREEMENT

This Agreement constitutes the entire agreement between the parties concerning the subject matter contained herein and supersedes any other agreements, proposals and communications, written or oral, between SpicyWish.com and you. To the extent that any other applicable and governing terms and conditions conflict with this Agreement, those other provisions shall control for the conflicting provision only.

MISCELLANEOUS TERMS

Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Services.

SpicyWish reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately. Please check the latest information posted herein to inform yourself of any changes.

The last modification was made on December 11th, 2023.