Wonderful Life - Terms of Service

Last Updated: January 5, 2018

Welcome to Wonderful Life brought to you by Wonderful Life Technologies, Inc. ("Wonderful Life"). Please read these Terms of Service (the "Terms") and our Privacy Policy ("Privacy Policy") carefully because they govern your use of our website located at wonderfullife.com ("Site") and our services accessible via our Site and App. To make these Terms easier to read, the Site and our services are collectively called the "Services."

  1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services.

  2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

  3. IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND WONDERFUL LIFE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 "DISPUTE RESOLUTION FOR CONSUMERS" BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

  4. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the updated Terms on the Site or through other communications. It's important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then, except as otherwise provided in Section 16(f) "Effect of Changes on Arbitration," you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

  5. Who May Use the Services?

    1. Eligibility. You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.

    2. Registration and Your Information. If you want to use certain features of the Services you'll have to create an account ("Account"). You can do this via the Site, App or through your account with certain third-party social networking services such as Facebook or Twitter (each, an "SNS Account"). If you choose the SNS Account option we'll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

    3. Accuracy of Account Information. It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.

  6. Feedback. We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at feedback@wonderfullife.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

  7. Content On Wonderful Life.

    1. Definitions. For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.

    2. Ownership By Wonderful Life. Wonderful Life does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Wonderful Life and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

    3. Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Wonderful Life a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify (for formatting purposes only), distribute copies of, publicly display, and publicly perform your User Content in connection with operating and providing the Services to you and to other Account holders.

    4. Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Wonderful Life on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

    5. Removal of User Content. You can remove your User Content by using the functionality of the Services. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. If you post User Content to the Services on a webpage created by someone else (such as a post you make on a memorial page created by another user), that User Content may be deleted if that other user chooses to delete the webpage they have created. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

    6. Rights in Content Granted by Wonderful Life. Subject to your compliance with these Terms, Wonderful Life grants to you a limited, non-exclusive, non-transferable license, with no right to access, view, download and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

  8. Third Party Services. Certain features of our Services may be provided directly to you by third party service providers in which case you may be required to enter into a separate agreement with the applicable third party service provider in order to use the applicable feature. You will, of course, be given an opportunity to review and agree to any additional agreement terms with third parties prior to using those features of the Services.

  9. Payments. We or our third party service providers may offer for purchase certain goods or services via the Services. In connection with any purchase you make (each, a "Transaction"), you expressly authorize us, (or our third-party service provider) to charge you for such Transaction. We may ask you to supply information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so that your Transaction can be processed (plus any applicable taxes and other charges). If you initiate a Transaction involving goods for delivery (such as flowers shipped to a person or event), shipping information and other terms necessary to complete the Transaction will be communicated to you before the Transaction is finalized.

  10. Problems with your Transaction? If you are dissatisfied with the services provided from your Transaction, you may email us at support@wonderfullife.com and we will take whatever action we deem appropriate including, but not limited to connecting you with our third party service providers. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction.

  11. General Prohibitions. You agree not to do any of the following:

    1. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

    2. Use, display, mirror or frame the Services or any individual element within the Services, Wonderful Life's name, any Wonderful Life trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Wonderful Life's express written consent;

    3. Access, tamper with, or use non-public areas of the Services, Wonderful Life's computer systems, or the technical delivery systems of Wonderful Life's providers;

    4. Attempt to probe, scan or test the vulnerability of any Wonderful Life system or network or breach any security or authentication measures;

    5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Wonderful Life or any of Wonderful Life's providers or any other third party (including another user) to protect the Services;

    6. Attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Wonderful Life or other generally available third-party web browsers;

    7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

    8. Use any meta tags or other hidden text or metadata utilizing a Wonderful Life trademark, logo URL or product name without Wonderful Life's express written consent;

    9. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

    10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

    11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

    12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

    13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

    14. Impersonate or misrepresent your affiliation with any person or entity;

    15. Violate any applicable law or regulation; or

    16. Encourage or enable any other individual to do any of the foregoing.

    Although we're not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  12. DMCA/Copyright Policy. Wonderful Life respects copyright law and expects its users to do the same. It is Wonderful Life's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Wonderful Life's Copyright Policy for further information.

  13. Links to Third Party Websites or Resources. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

  14. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@wonderfullife.com. Upon any termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

  15. Warranty Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

  16. Indemnity. You will indemnify and hold Wonderful Life and its officers, directors, employee and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content, or (iii) your violation of these Terms.

  17. Limitation of Liability.

    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW,NEITHER WONDERFUL LIFE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WONDERFUL LIFE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WONDERFUL LIFE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO WONDERFUL LIFE FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO WONDERFUL LIFE, AS APPLICABLE.

    3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WONDERFUL LIFE AND YOU.

  18. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 "Dispute Resolution for Consumers," the exclusive jurisdiction for all Disputes (defined below) that you and Wonderful Life are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Wonderful Life each waive any objection to jurisdiction and venue in such courts.

  19. Dispute Resolution for Consumers. The following terms of Section 16 "Dispute Resolution for Consumers" only apply if you are an individual who is using the Services for your own personal use and are not representing a legal entity.

    1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

    2. Exceptions and Opt-out. As limited exceptions to Section 16(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@wonderfullife.com within thirty (30) days following the date you first agree to these Terms.

    3. Starting Arbitration. If you want to begin arbitrating a Dispute, you must notify us by sending us an email at support@wonderfullife.com or via another communication method we make available to you requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we'll send such a letter to you at the email address or street address that you provided.

    4. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).

    5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We'll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.

    6. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 "Changes to Terms or Services" above, if Wonderful Life changes any of the terms of this Section 16 "Dispute Resolution" after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@wonderfullife.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Wonderful Life's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Wonderful Life in accordance with the terms of this Section 16 "Dispute Resolution" as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

  20. General Terms.

    1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Wonderful Life and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Wonderful Life and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Wonderful Life's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Wonderful Life may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

    2. Notices. Any notices or other communications provided by Wonderful Life under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

    3. Waiver of Right. Wonderful Life's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wonderful Life. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

  21. Contact Information. If you have any questions about these Terms or the Services, please contact Wonderful Life at support@wonderfullife.com or 415-322-0848.