1.Acceptance of Terms of Services

1.1.By using, utilizing and/or visiting the WishMash application, software, services, products and web sites, including all content and functionality available through the WishMash application or domain (collectively referred to herein as the "Application"), you approve your agreement to these terms and conditions and to the terms of the WishMash's Privacy Policy (the "Privacy Policy"; and together with these terms and conditions, the "Terms of Service").
1.2.If you do not agree to any of the Terms of Service, fail to comply with any of them or believe you cannot uphold any of them, do not (i) accept or agree to the Terms of Service, where this option is made available to you by WishMash; and (ii) use the WishMash Application.
1.3.The WishMash Application is not intended for individuals under 16. You affirm that you are more than 16 years of age, and are fully able and competent to consent and agree to, abide by and comply with, the Terms of Service. If you are less than 16 years of age, then do not use the WishMash Application.
1.4.You may not use the Application and may not accept the Terms of Service if (i) you are not of legal age or legal capacity to form a binding contract with WishMash (and to agree to, abide by and comply with the Terms of Service) under the laws of your country of residence or from which you use the Application, or (b) you are a person restricted from using the Application under the laws of any country in which you are resident or from which you use the Application.

2.WishMash Application

2.1.These Terms of Service apply to all users of the Application.
2.2.You may stop using the Application at any time, without any notice to WishMash.
2.3.You acknowledge and agree that WishMash may stop (permanently or temporarily) providing to you or to other users the Application or any features within the Application, or limit such in any way at WishMash's sole discretion, without any prior notice to you.
2.4.You acknowledge and agree that if Facebook or any other platform on which the Application operates or is provided, disables access to your user account, you may be prevented from accessing the Application, including, without limitation, access to your account details or other content which is contained or relates to your user account.
2.5.The WishMash Application may contain links to third party websites, advertisements, cookies and links that are not operated, owned or controlled by WishMash. WishMash has no control over, and assumes no responsibility for, the content or practices of any third party content.
2.6.The Application is currently provided free of charge. However, WishMash reserves the right to apply charges or fees for the use of certain features thereof, at its sole discretion. Such charges or fees shall not be imposed on a user without receiving his express prior consent and details of the method of payment. WishMash reserves the right to block, withhold and stop users from using the Application or any features thereof, until such charges or fees have been paid.

3.WishMash Accounts

3.1.In order to access the Application you may require creating a WishMash account.
3.2.You may never use another user's account. When creating your account, you must provide accurate and complete information and maintain same up-to-date.
3.3.You are solely responsible for the activity that occurs on your account, User Postings (as defined below) of your account and information you post on your account.
3.4.You agree and understand that you are responsible for maintaining the confidentiality of the passwords associated with your account. You must notify WishMash immediately of any breach of security or unauthorized use of your account.
3.5.WISHMASH WILL NOT BE LIABLE FOR ANY LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR ACCOUNT. YOU MAY BE LIABLE FOR THE LOSSES OF WISHMASH OR OTHER THIRD PARTIES DUE TO SUCH UNAUTHORIZED USE.

4.Use of the Application

4.1.Subject to the Terms of Service, you are hereby granted with a personal, conditional, royalty-free, non-assignable and non-exclusive license to use and access the Application, in its intended reasonable use only and subject to your compliance with the Terms of Service.
4.2.You agree to use the Application only for personal use and you will not sell, resell, trade in any medium the Application or any segments thereof. You agree not to decompile, reproduce, copy, change, modify or otherwise attempt to extract the source code of the Application or any part thereof.
4.3.You agree not to use the Application for any commercial use.
4.4.You agree that you will not engage in any activity that interferes with or disrupts the Application (or the servers and networks which are connected to the Application).
4.5.You agree not to use the Application for collection of any personal information of other users.
4.6.You agree not to use or launch any 'scripts', 'web crawlers', 'robots', 'offline readers' or any automated system that accesses the Application in a manner that a human cannot reasonably produce by conventional and reasonable use of the Application.

5.User Postings and Conduct

5.1.All postings by users, including, without limitation, items posting, personal information, feeds, 'blogs', requests, and all other user feeds, posts, publishes and whether textual, graphic, video, sound or any other electronically transferred materials, whether directly transmitted to the Application or received via a third party platform (such as Facebook), shall be collectively refereed to herein as "User Posting/s".
5.2.You are solely responsible for all User Postings you feed, post or publish via the Application. You will not feed, post or publish User Postings referencing, facilitating, containing or using, any of the following ("Restricted Activity"):
5.2.1.Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;
5.2.2.Obscene, defamatory, libelous, slanderous and/or unlawful content;
5.2.3.Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
5.2.4.Liquor, beer, wine or other alcoholic beverages, or sale of tobacco products, ammunition and/or firearms;
5.2.5.Gambling, including without limitation, any online casino, sports books, bingo or poker;
5.2.6.Inflammatory religious content;
5.2.7.Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities;
5.2.8.Content that exploits political agendas or uses 'hot button' issues for commercial use;
5.2.9.Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity or language of such individual or group;
5.2.10.Illegal activity and/or illegal contests, pyramid schemes, sweepstakes or chain letters;
5.2.11.'Spam' or other advertising or marketing content that violates applicable laws, regulations or industry standards.
5.3.You shall be solely responsible for your own User Postings and the consequences of feeding, posting or publishing them. You agree not to feed, post or publish any User Postings that are in violation of any laws applicable to you.
5.4.You will not feed, post or publish User Postings which breach, or may breach, any third party intellectual property rights, such as copyright, trademark, tradenames, trade secrets and rights relating to literary, musical and artistic works, or otherwise subject to third party proprietary rights (including privacy and publicity rights), unless you are the owner of such rights or have permission from their rightful owner to feed, post or publish the material and to grant WishMash all of the license rights granted herein.
5.5.WishMash may retain server copies of User Postings, for the protection of its users, for review of such User Postings compliance with law and the Terms of Service and commercial use as provided herein.
5.6.YOU UNDERSTAND THAT ALL USER POSTINGS WHICH YOU MAY HAVE ACCESS TO AS PART OF, OR THROUGH YOUR USE OF, THE APPLICATION, ARE THE SOLE RESPONSIBILITY OF THE USER FROM WHICH SUCH USER POSTING ORIGINATED. IT IS HEREBY CLARIFIED THAT WISHMASH DOES NOT ENDORSE ANY USER POSTINGS OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED THEREIN, AND WISHMASH EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER POSTINGS.
5.7.WishMash reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all User Postings, without prior notice and at its sole discretion.
5.8.You agree not to circumvent, disable or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any content or enforce controls and limitations on use of the Application or any content therein.
5.9.You agree not to frustrate the process of monitoring content that does not comply with the Terms of Service by, for example, threatening users from posting complaints or disabling any features allowing users to file such a complaint.

6.Content on the Application

6.1.User Postings are made available to you "as is" and at the responsibility of the users posting them. WishMash is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Posts.
6.2.User Postings may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded or otherwise exploited in any manner by you not intended by the normal functionality of the Application or otherwise as prohibited under this Agreement.
6.3.YOU ACKNOWLEDGE, AGREE AND CONFIRM THAT WHEN USING THE APPLICATION, YOU MAY BE EXPOSED TO USER POSTINGS FROM A VARIETY OF SOURCES, THAT MAY BE INACCURATE, OFFENSIVE, INDECENT OR OBJECTIONABLE AND YOU HEREBY AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST WISHMASH WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD WISHMASH, ITS OWNERS/OPERATORS, AFFILIATES, AND/OR LICENSORS, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE APPLICATION. IN THIS RESPECT, YOUR USE THE APPLICATION AT YOUR OWN RISK.

7.Termination of Services

7.1.You may, at any time, terminate your engagement with WishMash by stopping the use of the Application or by notifying us in writing of same.
7.2.WishMash may, at its sole discretion, terminate your access to the Application if (i) WishMash believes that you have infringed in any way the Terms of Service, (ii) you have acted in manner which shows that you do not intend to, or are unable to comply with, the Terms of Service, (iii) WishMash is required to do so by law, (iv) Facebook has terminated it engagement with you, or (v) WishMash at its sole discretion decided to cease providing the Application (due to the Application not being commercially viable or otherwise).
7.3.WishMash views violations of the provisions herein relating to Restricted Activity and infringement of third party rights in high severity, and will not hesitate to terminate your access to the Application upon the first occurrence of such violation.

8.Intellectual Property Rights

8.1.WishMash does not permit intellectual property rights infringing activities on its Application, and WishMash will remove all User Postings if notified that such User Postings infringe on another's intellectual property rights.
8.2.Except for User Postings, any content placed on, contained in, embedded with or relating to the Application, including without limitation, the graphics, photos, sounds, videos, text, software, scripts, interactive features and the like and the trademarks, tradenames and logos, are owned by or licensed to WishMash and it is subject to copyright and other intellectual property rights (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You are not allowed to make any use of such rights without WishMashs prior written consent.
8.3.Nothing in the Terms of Service gives you a right to use any of WishMashs trade names, trade marks, service marks, logos, domain names and other distinctive brand features. You will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Application.

9.Warranty Disclaimer

9.1.YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE APPLICATION IS PROVIDED "AS IS" AND AS AVAILABLE. WISHMASH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9.2.WISHMASH DOES NOT GUARANTEE OR WARRANTS THAT (I) THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE APPLICATION WILL BE CORRECTED.
9.3.ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
9.4.WISHMASH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WISHMASH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES
9.5.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND WISHMASH'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10.Limitation of Liability

10.1.IN NO EVENT SHALL WISHMASH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF WISHMASH'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE APPLICATION, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
10.2.YOU SPECIFICALLY ACKNOWLEDGE THAT WISHMASH SHALL NOT BE LIABLE FOR USER POSTINGS OR THE RESTRICTED ACTIVITY OF ANY THIRD PARTY.

11.Indemnity

You agree to defend, indemnify and hold harmless WishMash, its shareholders, officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Application; (ii) your violation of any term of the Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; and/or (iv) any claim that one of your User Postings caused damage to a third party.

12.Change of Terms of Service

12.1.WishMash may, in its sole discretion and at any time, change, modify or revise the Terms of Service or any part thereof. You understand and agree that if you use the Application after the date on which such changes, modifications or revisions have been made, WishMash will treat your use as acceptance of the changes, modifications or revisions to the Terms of Service.
12.2.You should periodically review the most up-to-date version of the Terms of Service.

13.Contact Us

Should you have any query or question relating to these Terms of Service, or any other issue related to WishMash, please feel free to contact us at support@WishMash.com.

14.General

14.1.You may not assign or transfer the Terms of Service or any of your rights and obligations thereto. WishMash may assigns or transfer the Terms of Service, or any of WishMash's rights and obligations thereto, without restriction.
14.2.Nothing in the Terms or Service shall be deemed as conferring any third-party rights or benefits.
14.3.These Terms of Service constitute the whole legal agreement between you and WishMash and govern your use of the Application, and completely replace any prior agreements between you and WishMash in relation to the Application.
14.4.WishMash's delay or failure to exercise or enforce any legal right or remedy contained in the Terms of Service, shall not be deemed as a waiver of any such legal right or remedy. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and WishMash's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
14.5.The Terms of Service shall be governed solely by the laws of the State of Israel without regard to any conflict of laws provisions. You and WishMash agree to submit any claim in connection with the Terms of Service to the exclusive jurisdiction of the courts of Tel-Aviv-Jafa. Notwithstanding anything to the contrary herein, WishMash shall be entitled to apply for any injunctive remedy in any jurisdiction.
14.6.If any court of law, having the jurisdiction to decide on this matter, rules that any provisions of the Terms of Service are, then these provisions will be removed from the Terms of Service. The remaining provisions of the Terms of Service will continue to be valid and enforceable.