Welcome to W.T.F.! Please note that your invitation is subject to your review and agreement with these Terms and Conditions. This document describes in detail your rights and our rights relating to the provision of the Service, so please review these Terms carefully.
What Are The Terms? The Terms and Conditions constitute a "binding" contract between us. The Terms include the provisions set forth in this document and nowhere else (other terms or conditions may be presented by us and accepted by you from time to time, all of which we collectively refer to as the "Terms and Conditions"). If you do not agree to these Terms, we can certainly understand. Like Groucho Marx, we feel that anyone who would agree to these terms is a member of a club that we would not choose to join. If you do register for or otherwise use our Service, you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this "binding" contract.
By using the Service, you acknowledge, accept and agree with all provisions of the Terms and Conditions, including, without limitation, the fact that once your wish is entered and accepted by the Wishful Thinking Fairy™, the fulfillment of that wish is basically a "crapshoot".
What Is The Service? The Service is not a joke or a hoax, but it does not promise anything either. If you believe in the Service (and in the Wishful Thinking Fairy™), you may do many wonderful things on multiple computer devices and systems. There is no charge for the Service, but you must agree to abide by these Terms. If your wishes come true, congratulations! If your wishes do not come true, we can't say we're surprised. Many of our own wishes actually do not come true. That does not, however, stop us from wishing (again and again).
If This Is A Contract, Who Are The Parties? You are one party to this contract. Arguably, if you reside in the United States or Canada, then the other party to this contract is Wishful Thinking Fairy™ Corporation, a corporation headquartered in the Gulf of Mexico. If you reside in Mexico, then the other party to this contract is Wishful Thinking Fairy™ Enchiladas, a company headquartered in the state of Aquascalientes. If you don't like to party, then the other party to this contract is 'the Tooth Fairy', which may be referred to in these Terms and Conditions as "we" and sometimes "us".
Is This The Only Contract I Have with W.T.F.? It depends upon what you mean by "Have". If you make a wish, a reasonable person might assume that you have assented to the Terms. What other kind of contract would you be talking about? That makes no sense. We only have this one contract, so if you have another one, please send us a copy.
Will These Terms Of Service Ever Change? Of course! Do you have a problem with that?
If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service (but it isn't clear to us what your status will be if you have already been granted a wish); your continued use of the Service after that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by "you" and "us". For clarity, email or other communications will not constitute an effective written agreement for this purpose. Verbal agreements are acceptable if accompanied by sufficient funds.
What Do I Have To Do To Use the Service? Just click the button. If you are reading this, you already know how to do that much. Frankly, it's hard to believe that you got this far if you didn't already know how to use the service. We encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service. You are responsible for maintaining the accuracy, completeness and confidentiality of your email address, your password and any wishes you might have or express (either here or anywhere else), and you will be responsible for all activities that occur on this site, including activities of others to whom you have provided your password (but feel free to share your email address with anyone you like). We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure. If you discover any unauthorized use of your password or suspect that anyone may be able to access your private thoughts without authorization, you should immediately change your password and hide somewhere.
Can I Share My Wish With Someone Else? Wishes can be shared. If you share your wishes with anyone, that other person may be able to take control of your wish, and the Wishful Thinking Fairy™ may not be able to determine who is wishing what. If you think about that, you can see how that could be very inconvenient (and perhaps downright dangerous). We will not have any liability to you (or anyone you share your wishes with) as a result of your or their actions under those circumstances.
Finally, you understand and agree that the Wishful Thinking Fairy™, in performing the Service, may need to rephrase your wish as necessary to conform with accepted best practices and technical requirements of connecting networks, devices, services or other magical components in an attempt to grant your wish.
We retain the right, in our sole discretion, to totally change our modus operandi, including changes that may affect previous wishes. We hope that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of wishes granted to you, the number of wishes, the timing of the provision of the service, the nature of, or your continued ability to access or distribute, your wish, and impose other limitations at any time, with or without notice. For example, if you wish for money the Wishful Thinking Fairy™ may totally ignore your wish. If you persist, the Wishful Thinking Fairy™ may totally ignore you forever.
Right to Engage Third Parties. Let's keep it simple. No Third Parties. This is just between us.
You agree to indemnify and hold "W.T.F.", its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any claims relating to your use of any of the Service, any violation of these Terms and Conditions or any other actions connected with your use of the Service (including all wishes made under your email address). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the wish, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
Limitation of Liability. To the maximum extent permitted by law, the Service Is Available "As Is." YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, W.T.F. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) W.T.F. DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY WISHES MADE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM W.T.F. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT W.T.F., ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF W.T.F. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ATTEMPTING TO USE THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE OR RELATED TO ANYTHING WHATSOEVER; (v) W.T.F.'S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY ATTEMPTING USE OR INTEGRATION WITH THE SERVICE OR OFFERING TO GRANT WISHES; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY BEHAVIOR; (ix) THE TERMINATION OF YOUR ASSOCIATION IN ACCORDANCE WITH THE TERMS OF THESE TERMS AND CONDITIONS; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations. NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. 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 WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
How Can I Send A Notice to W.T.F.? You can only make a wish here. No notices allowed.
What Do I Do If I Think I Have A Claim Against W.T.F.? Make a wish that we care.
Initiating a Formal Claim. If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved by the Wishful Thinking Fairy™. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these is basically a giant waste of your time.
Anything Else? Have a nice day!