Terms and Conditions

Terms and Condition of Use

 

Wish FM would like to inform you that our online and mobile properties (e.g., WishFM.com, mobile content, etc.) are under constant development, enhancement and upgrade. As new services are added frequently, we would like you to note that this agreement may be modified and updated on an ongoing basis. It is our advice to you to please check back to this page regularly.

 

 

General Rules

 

Wish FM operates several websites, including wishfm.com. It also makes the same or similar content available to mobile users, including apps available to users of Android-powered and iOS-based devices (which we will collectively refer to as “Sites” or “Sites and Mobile Content”).

 

Your use of the Sites and Mobile Content of Wish FM is subject to terms, conditions, and disclaimers set forth below, to our Privacy Policy, and to all applicable laws and regulations. Wish FM also reserves the right to terminate access to the Sites and Mobile Content for any reason. It also has the right to take any other actions in its sole discretion, believes to be in the interest of the company and some of all its users and customers. Furthermore, it has the right to modify these disclaimers, terms and conditions of access, without advance notice.

 

By accessing our Sites and Mobile Content, you hereby accept this agreement of terms and conditions of use. Part of the condition of such use is your warranty that you are over the age of eighteen (18) and that you have provided accurate and complete information in any communication with Wish FM.

 

Access

 

Access to the Wish FM Sites and to some Mobile Content is provided free of charge and does not bind visitors to create any professional or any other relationship with Wish FM.

 

The use of these Sites and Mobile Content is free anytime at your disposal, just note however you are permitted to use these for your personal use. The use of the content for commercial reasons is a violation of this Terms and Conditions of Use, including but not limited to developing or deriving such material content or any data in machine-readable or other forms, nor storing or transferring any data residing over the sites for commercial sale unless you obtain prior consent from Wish FM.

 

Specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any matter or medium any material from the Wish FM sites and properties in both web and mobile platforms.

 

For any images, text, data or other information you submit to Wish FM (including your profile information, and any e-mail) you affirm, represent and warrant that you own the right to utilize, to license and to sublicense the Content and you grant to Wish FM, and anyone authorized by Wish FM, a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, copy, assign, display, distribute, perform, reproduce in whole or in part, and modify the Content in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions to you, for the sole intended purpose of the Sites and/or services provided.

 

By visiting this website, you also grant each user of the sites a non-exclusive license to access the content through WishFM.com and to use, reproduce, distribute, display and perform such Content as permitted through the features and technical functions of the Sites and under this agreement. For any content (e.g., written, photographic, music and video content) you post that you do not own personally, you guarantee that you have the legal right and permission to do such posting and that it will not breach any law or the rights of any person or entity.

 

Intellectual Property

 

Wish FM and the Sites, and all other text, music and images contained on the Sites and in Wish FM products are protected by the trademark and copyright laws and other applicable laws of the Republic of the Philippines and are the property of Wish FM, except as otherwise identified. All copyrights and trademarks not the property of Wish FM that are used or referred to in the Sites and Wish FM products are the property of their respective owners.

 

Nothing contained in the site or other properties shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of Wish FM or any other party, whether by implication, laches, estoppel or explicit grant.  This is because the content is proprietary, any unauthorized use of materials on the site or other products may violate the law. If you are the copyright owner and believe infringing material is present on any of the Sites, please let us know by writing us at our email address legal@wishfm.com.

 

Wish FM’s products, including third party and licensed materials on the site, may not be modified reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from Wish FM.

 

 

 

Acceptable Use Policy

 

This Acceptable Use Policy (AUP) sets the parameters of constraints and practices that you must agree to for accessing Wish FM. Your use of the Sites expects you to be solely responsible for any and all acts and omissions that occur during or relating to your visit of the sites. These practices and acceptable use policy, spells out the following guidelines when you use the Sites:

 

  • To not harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
  • To not post or transmit any content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • To not disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
  • To not collect, use or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;
  • Impersonate any person or entity (including administrators and moderators of our sites), or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • To not pose any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation except in areas that are expressly designated by the Sites for such purpose;
  • To not disseminate or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information in violation of a duty of confidentiality, fiduciary duty, or similar duty;
  • To not violate any law (whether local, state, national or international), whether or not intentionally;
  • To not forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the sites, or servers, or networks connected to the sites; or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
  • To not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the sites;
  • To not obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device or any manual process, the sites or the contents (except as expressly permitted by Wish FM);
  • To not remove any copyright, trademark or other proprietary rights notices contained in the sites;
  • To not “frame” or “mirror” any part of the Sites; or
  • To not engage in any other activity deemed by Wish FM to be in conflict with the intent and spirit of this agreement or that might violate the rights of others or give rise to liability.

You also understand that by using this site, you may be exposed to content that may offend your or challenge your beliefs. We advice that should you feel you need to avoid such content, discontinuing your access may be a feasible remedy.

 

Content and Non-Endorsement

 

In your visit to the sites of Wish FM, you may encounter opinions and other statements that are expressed by users and third parties. Please bear in mind that such are their alone and not opinions of Wish FM. Content provided by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The sites and third parties may provide links to web pages, websites and other resources or locations on the web. Wish FM has no control over the information you access via such links, does not endorse that information, and shall not be responsible for its or for the consequences of your use of that information.

 

Employment Opportunities

 

Wish FM may post job opportunities on the sites and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Wish FM in response to the job listings, you are authorizing Wish FM and its service providers to use this information for all lawful and legitimate hiring and employment purposes. Wish FM also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries, affiliates, vendors and service providers for legitimate business purposes. Nothing in this agreement or contained in the sites shall constitute a promise by Wish FM to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the sites constitute a promise that Wish FM will review any or all of the information submitted to it by users.

 

Limitation of Liability and Use

 

Wish FM has worked to ensure the accuracy of the information it provides through its products and services, including through the sites. This information frequently relies on data obtained from many sources, however, and Wish FM cannot guarantee the accuracy of the information provided or any analysis based thereon.

 

YOU EXPRESSLY AGREE THAT THE USE OF WISH FM’S PRODUCTS AND SERVICES, INCLUDING THE SITES, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WISH FM MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WISH FM DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SITES OR FROM WISH FM, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM WISH FM NOT EXPRESSLY STATED IN THIS AGREEMENT.

EXCEPT AS OTHERWISE STATED, WISH FM MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITES OR ANY WEB SITE LINKED TO THE SITES. YOU AGREE THAT NEITHER WISH FM, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER WISH FM NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

 

WISH FM AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER WISH FM MONTHLY WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, WISH FM’S LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.

 

Wish FM assumes no responsibility or liability arising from the content of the Sites nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Sites or accessed through the Sites. Wish FM also does not warrant that the functions or informational materials contained in or accessed or downloaded through our Sites are free of computer viruses or other harmful components. In addition, although we make a good faith effort to update the content of our Sites periodically, we do not have a duty to update information contained in our Sites, and we will not be liable for any failure to update such information.

 

The sites make no representation that information content provided on sites is applicable or appropriate for use in locations outside the Republic of the Philippines. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
Indemnification

 

You agree to indemnify, defend and hold Wish FM, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms of Service; (b) any allegation that any content or other materials you submit to us or transmit to the sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the sites.

 

Special Agreement on Fee-Shifting and Choice of Law

If you attempt to bring any legal action against Wish FM based in any way on its products or services, including the Sites, you agree that, in the event you do not prevail or Wish FM does prevail, you will reimburse Wish FM for any costs and attorneys’ fees associated with their defense of the action.

 

The use of the sites and any claim or dispute relating to the sites shall be governed by the laws of the Republic of the Philippines, without regard to its conflicts of law principles.

 

Severability

 

If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

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