Effective Dec 1, 2016
In these Terms, we refer to those raising funds as “Wish Project Owners” and to their fundraising Wish Projects as “Wish Projects.” We refer to those contributing funds as “Contributors” and to the funds they contribute as “Contributions.” Wish Project Owners, Contributors and other visitors to the Services are referred to collectively as “Users.”
WishCrow is a Venue
WishCrow is an online crowdfunding venue for people and entities seeking to raise funds for their own Wish Projects and to contribute to the Wish Projects of others. Wish Project Owners can offer gifts or rewards in the form of tangible items or intangible services (collectively, “Perks”) to Contributors. Perks are not offered for sale. WishCrow makes no representations about the quality, safety, morality or legality of any Wish Project, Perk or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. WishCrow does not represent that Wish Project Owners will deliver Perks or that Contributions will be used as described in the Wish Project. Users use the Services at their own risk. The Services do not include the offer or sale of securities (as such term is defined in the Securities Act of 1933), and WishCrow is not a broker-dealer or a member of the Financial Industry Regulatory Authority.
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. WishCrow reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Wish Project, Contribution, or the Services at any time for any reason without liability.
Prohibited Wish Projects
Wish Project Owners are not permitted to create a Wish Project to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Wish Project is claiming to do the impossible or it’s just plain phony, don’t post it. Users must comply with all applicable laws and regulations in connection with their Wish Projects, including offering Perks and using Contributions. Wish Project Owners shall not make any false or misleading statements in connection with their Wish Projects.
Wish Project Owners are not permitted to offer or provide any of the following as a Perk:
- any form of “security” (as such term is defined in the Securities Act of 1933);
- any form of financial incentive or participation in any profit sharing;
- any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
- any controlled substance or drug paraphernalia;
- any weapons, ammunition and related accessories;
- any form of lottery or gambling;
- any human remains, such as bones or skulls;
- any form of air transportation; or
- any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.
WishCrow is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
- use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
- spam the comments sections or other Users with offers of goods and services or inappropriate messages;
- engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
- take any action that imposes, in WishCrow’s sole discretion, an unreasonable load on WishCrow’s infrastructure.
- represent products created by others as your own creation, or act as a reseller of other’s products.
- WishCrow reserves the right to remove Wish Projects and terminate User Accounts for such activities.
Prohibited Visual Elements in Wish Project Images
Wish Project Owners are not permitted to do any of the following with Wish Project images:
- incorporate WishCrow colors and branding elements, including but not limited to logos, colored frames, borders or badges;
- include any visual element that could be interpreted to have been produced by WishCrow, including but not limited to banners, progress bars or funding stats;
- include any visual element that communicates endorsement by WishCrow.
- Disputes between Wish Project Owners and Contributors
- Wish Project Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). WishCrow does not recognize any third party and/or agency affiliated with the Wish Project as a Wish Project Owner. If a Wish Project Owner is unable to perform on any promise and/or commitment to Contributors, the Wish Project Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Wish Project Owner. WishCrow is under no obligation to become involved in disputes between Wish Project Owners and Contributors, or Users and any third party. In addition, WishCrow is under no obligation to become involved in disputes regarding the determination of the rightful Wish Project Owner, and will not be obligated to make any changes to Wish Project Owner accounts or transfer of ownership. In the event of any dispute, such as a Wish Project Owner’s alleged failure to comply with the Terms or alleged failure in fulfillment of a Perk, we may provide the Wish Project Owner’s contact information to the Contributor so that the two parties may resolve their dispute.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify WishCrow immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information WishCrow may reasonably request and to answer truthfully and completely any questions WishCrow might ask you in order to verify such User’s identity.
License to Users
WishCrow grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
Wish Project Owners
Wish Project Owners are permitted to offer Perks to Contributors. Wish Project Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). This commitment includes shipping Perks to WishCrow Contributors before fulfilling any orders received after the Wish Project has ended. For Wish Project Owners participating in programs with our retail partners, failure to ship orders to WishCrow Contributors first may result in removal from such retail partnership programs. Wish Project Owners will respond promptly and truthfully to all questions posed to them by WishCrow or any Contributor. If any Wish Project Owner is unable to fulfill any of its commitments to Contributors (including delivering any Perks), the Wish Project Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions. Wish Project Owners will comply with all applicable laws and regulations in the use of Contributions and delivery of Perks. Wish Project Owners are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Perks. WishCrow may attempt to verify the identity and other information provided to us by Wish Project Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Wish Project Owner eligibility is subject to WishCrow’s review of the fulfillment status of prior crowdfunding obligations. WishCrow reserves the right to prohibit or remove a Wish Project if the Wish Project Owner is delayed by three months or more in fulfilling a prior crowdfunding Wish Project on WishCrow or another platform.
Contributors are solely responsible for asking questions and investigating Wish Project Owners and Wish Projects to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. WishCrow does not guarantee that Contributions will be used as promised, that Wish Project Owners will deliver Perks, or that the Wish Project will achieve its goals. WishCrow does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Wish Project, Perk or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. If a Contribution is returned to a Contributor, the associated Perks, if any, shall be canceled.
Setting up an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressly indicated on the Services, we do charge our Service fees to Wish Project Owners as a portion of the Contributions they raise (the “Service Fees”). By using the Services Users agree to our Service Fees listed here https://wishcrow.com/how-it-works. Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Wish Projects launched after the notice is posted.
Contributors may request a refund from WishCrow before the end of a Wish Project. For Wish Projects that have entered the Time Sensitive program, Contributors may request a refund from WishCrow within 24 hours of the contribution. To process your refund please follow these steps.
Taxing authorities may classify funds raised on the Services as taxable income to the Wish Project Owner and any beneficiary who will receive funds directly from the applicable Wish Project. WishCrow will ask for the tax identification number (TIN) of Wish Project Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities. WishCrow will provide Wish Project Owners with a tax document if required by the relevant taxing authorities.
A Wish Project Owner whose Wish Project meets its funding goal may elect to continue raising funds after the Wish Project ends by participating in the InProgress program (“InProgress”). More details about InProgress and how Wish Project Owners can opt in can be found in the InProgress FAQ. All WishCrow fees and payment options will remain the same; provided that, payment disbursements will be made on a four (4) week cycle. All terms and conditions that apply to Wish Projects shall continue to apply once a Wish Project enters InProgress. Wish Project Owners that have Perks in InProgress will not link to or promote an alternative service or website for contributions or pre-orders within their InProgress pages. WishCrow may remove a Wish Project from InProgress if Perks have not been fulfilled within three (3) months after the estimated delivery date, or if the fulfillment of Perks is delayed indefinitely.
Help.Life is WishCrow’s hub for Wish Projects related to personal life events, nonprofits and other cause-related fundraising. Users may establish Wish Projects on Help.Life as Wish Project Owners, provided that the intent of any such Wish Project must be to impact the life of an individual person or charitable organization, or another cause-related initiative. Each Help.Life Wish Project Owner acknowledges and understands that WishCrow may request additional information as reasonably necessary (as determined in the sole discretion of WishCrow) to verify or confirm that the Wish Project Owner is authorized on behalf of the applicable Help.Life Wish Project beneficiary to raise funds in connection with the applicable Help.Life Wish Project. If WishCrow determines in its sole discretion that a Wish Project does not belong on Help.Life, then it may relocate such Wish Project to WishCrow.com, or take other action as appropriate.
Users may create multiple Wish Projects on WishCrow website (wishcrow.com). They can request a dedicated page to link their brand with one or more Wish Projects. If Users create a Dedicated Page, Users also agree to the Dedicated Page Terms.
While using the Services, Users may post photos, videos, text, graphics, logo artworks and other audio or visual materials (collectively, “User Content”). Users grant WishCrow a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and WishCrow, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Wish Project Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a “Promotion”) on the Services without WishCrow’s prior written permission (which may be granted or withheld by WishCrow in its sole and absolute discretion). Wish Project Owners may request permission from WishCrow by sending an email to promotions@WishCrow.com. Subject to and upon any such permission, each Wish Project Owner offering any Promotion further acknowledges and agrees that: (a) such Wish Project Owner shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Contribution or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) WishCrow does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases WishCrow from any and all liability; and (iii) all questions concerning the Promotion must be directed to the Wish Project Owner and not to WishCrow.
Third-Party Websites, Advertisers or Services
Wish Project Owners that accept PayPal and Contributors that use PayPal in connection with a Wish Project acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies. Credit card payment processing services for Wish Project Owners on WishCrow are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By continuing to operate as a Wish Project Owner on WishCrow, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to WishCrow enabling credit card payment processing services through Stripe, you agree to provide WishCrow accurate and complete information about you and your business, and you authorize WishCrow to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
If a chargeback is filed for a contribution to a Wish Project on WishCrow, the cardholder’s financial institution will contact the payment processor for the transaction. The payment processor will then notify WishCrow of the chargeback. WishCrow may hold the contribution funds associated with the disputed charge until the financial institution concludes its review of the transaction.
Once the financial institution concludes its review of the disputed charge and notifies WishCrow through the payment processor, WishCrow will comply with the decision and will either refund the disputed charge from the Wish Project funds or disburse the disputed funds to the Wish Project Owner.
If the disputed transaction has already been disbursed to the Wish Project Owner and the Wish Project is in InProgress, WishCrow will hold funds from the Wish Project’s disbursement(s) to cover the cost of the chargeback. Once notified of the financial institution’s decision, WishCrow will take appropriate the action as specified above.
By using our Services, you acknowledge that WishCrow reserves the right to attempt to recover or hold funds from your Wish Project, or the connected Stripe or bank account associated with your Wish Project, for reasons including but not limited to: refunds, lost chargebacks, or other situations resulting in negative balances.
Each User agrees to defend, indemnify and hold harmless WishCrow, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. WishCrow may assume the exclusive defense and control of any matter for which Users have agreed to indemnify WishCrow and each User agrees to assist and cooperate with WishCrow in the defense or settlement of any such matters.
WishCrow has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER’S OWN RISK.
Waiver and Release
For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
WishCrow (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO WishCrow FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WishCrow HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow WishCrow to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then WishCrow’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, WishCrow does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by WishCrow without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but WishCrow may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in California (the principal place of business and corporate headquarters of WishCrow); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over WishCrow, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles.
WishCrow and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court, if the User’s claims otherwise qualify for adjudication in that court. WishCrow and User manifest their assent to arbitrate by providing and using the Services. Arbitrable claims are those that WishCrow asserts against User, and that User asserts against WishCrow, any related or affiliated entity, and the officers, directors, agents or employees of any of them. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If for any reason the FAA is inapplicable, the law of arbitrability of the state of User’s principal place of business shall apply. To the maximum extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action. The arbitrator shall apply the Terms and the same substantive law to the dispute as a court would, and the same law of remedies. To begin an arbitration proceeding against WishCrow or a related party, a User must send a letter requesting arbitration and describing the claim to WishCrow’s registered agent, Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833-3502. The arbitration will be conducted by the American Arbitration Association (AAA) under the rules applicable to the claim asserted, including but not limited to the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. WishCrow will supply a printed copy of the rules upon a User’s request. Payment and reimbursement of all filing, administration and arbitrator fees will be governed by the AAA’s rules. San Francisco, California is the sole proper venue for arbitration; provided, however, that the arbitrator once selected shall have the authority to order the parties to arbitrate in a different venue for good cause shown, applying federal law for transferring venue on grounds of forum non convenient. If, notwithstanding this arbitration agreement, a claim for any reason proceeds in court rather than in arbitration, the dispute shall be exclusively brought and heard in a court of competent jurisdiction located in the City and County of San Francisco, California. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the non-prevailing party all of its reasonable attorneys’ fees and costs.
Wish Project Owners and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. WishCrow merely provides a technology platform to allow Wish Project Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
WishCrow makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Wish Project whose purported recipient is a recognized 501(c)(3) or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.
Users agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws”), each User states that such User is: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Wish Project is deemed to be in violation of Export Laws.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree WishCrow may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
Unsolicited Idea Submissions
We are always pleased to hear from our Users, and welcome their comments or suggestions. However, products, services, and features developed by WishCrow or its Users might be similar or even identical to a submission received by WishCrow or its Users. When we refer to a “submission” in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services and suggested changes) made either on the WishCrow platform or to WishCrow about an existing product or service on, or a feature of, or a proposed addition to, the WishCrow platform.
With regard to User submissions:
(1) all such submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary;
(2) WishCrow and its Users will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions; and,
(3) WishCrow and its Users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.
These Terms are the entire agreement between each User and WishCrow regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. WishCrow’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
WishCrow may alter the Terms at any time, so please review them frequently. If a material change is made, WishCrow may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A “material change” will be determined at WishCrow’s sole discretion, in good faith, and using common sense and reasonable judgment.
If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the “DMCA”) or that any User Content infringes such User’s intellectual property rights and is accessible the Services, please notify WishCrow’s Legal Department at copyright@WishCrow.com. “Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the “Complainant”) must provide the following information in writing (the “Notice of Infringement”):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WishCrow to locate the material.
- information reasonably sufficient to permit WishCrow to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
- a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law.
- a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to the WishCrow DMCA agent (the “DMCA Agent”) by mail and email to the following addresses:
Attention: DMCA agent
501 Fifth Avenue, RM 607
New York, NY 10017
If any User (the “Respondent”) believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the “Counter Notice”) with the DMCA Agent, including the following information within five business days from receipt of the Notice of Infringement:
- a physical or electronic signature of the Respondent;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- the name, address, and telephone number of the Respondent, and a statement that the Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the Respondent will accept service of process from the Complainant or an agent of the Complainant.
- Upon receipt of the Counter-Notice by the DMCA Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that WishCrow, at its discretion, may replace the removed material or cease disabling it in not less than ten, nor more than 14, business days following receipt of the Counter-Notice, unless the DMCA Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.
WishCrow WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.
In accordance with the DMCA and other applicable laws, WishCrow has adopted a policy of terminating, in appropriate circumstances and at WishCrow’s sole discretion, repeat infringers.