WishKnish Terms of Service (ToS)

The following terms and conditions ("Terms") govern all use of the WishKnish.com storefront and all content, services, and products available at or through the storefront (our "Services"). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, WishKnish Privacy Policy) and procedures that may be published from time to time by WishKnish Corp. (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. "We" or "WishKnish" shall refer to our corporate entity, WishKnish Corp., a Delaware Corporation.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by WishKnish, acceptance is expressly limited to these Terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older. Use of our Services requires a WishKnish.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

If you create a Storefront on WishKnish.com, you are responsible for maintaining the security of your account and Storefront, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Storefront.

You must immediately notify WishKnish of any unauthorized uses of your Storefront, your account, or any other breaches of security. WishKnish will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

If you operate a Storefront, comment on a Storefront, post material to WishKnish.com, post links on WishKnish.com, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using WishKnish.com, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines.

By submitting Content to WishKnish for inclusion on your Storefront, you grant WishKnish a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your Storefront. This license allows WishKnish to make publicly-posted content available to third parties selected by WishKnish so that these third parties can analyze and distribute (but not publicly display) your content through their services.

You also give other WishKnish.com users permission to share your Content on other WishKnish.com Storefronts and add their own Content to it (for example, reposting a blog post), so long as they use only a portion of your post and they give you credit as the original author by linking back to your Storefront (the reposting function on WishKnish.com does this automatically!).

If you delete Content, WishKnish will use reasonable efforts to remove it from WishKnish.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, WishKnish has the right (though not the obligation) to, in WishKnish’s sole discretion, (i) reclaim your username or Storefront’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in WishKnish’s reasonable opinion, violates any WishKnish policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of WishKnish.com to any individual or entity for any reason. WishKnish will have no obligation to provide a refund of any amounts previously paid.

There are certain features on WishKnish.com, such as Plans and Packages, that enable you to sell items (goods, content, services, etc.) on your Storefront. You are solely responsible for all of your ecommerce activities, including your Storefront, your items, its operation, all applicable taxes and fees, and compliance with any applicable laws. Among other things, this means that:

  1. You should use your best judgment when setting up your Storefront, operating your Storefront, and selling items. For example, you may not want to accept check payments if you are not comfortable sharing your mailing address with a customer, or you may want to publish payment and return policies.
  2. We are not involved in your relationships or transactions with any customer or potential customer.
  3. You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
  4. You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale.
  5. You may choose to set up and/or use third party services in conjuction with your Storefront, such as Track.tax. If you do so, be aware that some of your — and your customers’ — data may be passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. We are not involved in these relationships.
  6. You are responsible for all taxes and fees associated with your ecommerce activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices. While your Storefront enables you to include sales tax in transactions, you should not rely solely on this feature.
  7. Your Storefront must not violate our User Guidelines or Storefront Guidelines.

The Knish Token ( Knish ) is a virtual encrypted currency issued by WishKnish for the following purposes:

  1. To facilitate ecommerce transactions between users and Storefronts;
  2. To incentivize users to perform specific actions (for example: staying active on WishKnish.com, sharing content with your social contacts, or inviting your friends to a Storefront you enjoy) in exchange for rewards;
  3. For use as proprietary currency for various upgrades, perks, and bonus features throughout the WishKnish Platform;
  4. For exchangeability on cryptocurrency exchanges (though WishKnish makes no warranties about availability on any particular exchange);

Here are a few things the Knish Token is NOT:

  1. It is NOT a representation of any right to acquire any equity or debt issued by WishKnish.
  2. It is NOT a method for distribution of present or future equity, interests or dividends.
  3. It is NOT intended as an investment instrument or security.
  4. It is NOT a representation of any voting power, influence, or participation in the governance of WishKnish or the continued development WishKnish Platform.

Here are a few technical details about the Knish Token

  1. Total Supply: 1,000,000,000 Knish (no more can ever be issued)
  2. Blockchain: Waves Platform (verified asset)
  3. Standard Price (non-discounted): 12,500 Knish / 1 BTC (or 1 Knish / 0.00008 BTC)

The current iteration of the Knish Token is an early development prototype, and will be upgraded in the future to a prominent next-generation blockchain technology (see Whitepaper) to ensure improvements in performance, cost, and reliability. Existing holders of Knish will automatically receive upgraded tokens when they become available.

In accordance with the WishKnish Whitepaper, WishKnish endeavors to run a token sale to distribute a large portion of available Knish Tokens to individuals and businesses. The purpose of the token sale is:

  1. To introduce a new, diverse group of token holders armed with Knish , ready to build, spend, incentivize, and engage with the WishKnish community and ecosystem;
  2. To raise awareness of the WishKnish Platform, its features, and development efforts, and get conversations started about how WishKnish could help individuals, business projects, charities, social causes, and political movements;
  3. To raise funds for continued development of the WishKnish Platform, new blockchain features, robust decentralization, and a better user experience for everyone;
  4. To raise funds for accelerated marketing efforts to bring more consumers and Storefront owners into the ecosystem;

The WishKnish Token Sale, the WishKnish Whitepaper, this document, or any other information distributed by WishKnish does not constitute an offer or solicitation to sell shares or securities in WishKnish, WishKnish.com, or products and services offered thereto. None of the information or analyses presented is intended to form the basis for any investment decision, and no specific recommendations are intended.

To participate in the WishKnish Token Sale, you accept and acknowledge the following:

  1. The WishKnish Token Sale Storefront is the sole and only authorized venue for the sale of Knish Tokens. It is your responsibility to ensure the authenticity of the website you are using, to ensure it is the authentic and true https://sale.wishknish.com.
  2. All sales of Knish Tokens are absolutely, positively final and nonrefundable for any reason whatsoever.
  3. WishKnish reserves the right to stop the Token Sale in case of emergency, including but not limited to: i) discovery of serious cyber-security issues, ii) serious network performance issues, depriving users of equal treatment, iii) any type of material attack on the Knish Tokens, the WishKnish Platform, WishKnish.com Website or the Waves Platform.

We offer free HTTPS on all WishKnish.com Storefronts by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on WishKnish.com, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your Storefront.

WishKnish reserves the right to display advertisements on your Storefront unless you have purchased an Ad-free Upgrade.

WishKnish reserves the right to display attribution text or links in your Storefront footer or toolbar, attributing WishKnish.com or the theme author, for example. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to a WishKnish.com Whitelabel Plan.

  • General Terms. Optional paid services such as extra storage or domain purchases are available (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay WishKnish the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. You can read about our refund policy here.
  • Automatic Renewal. Unless you notify WishKnish before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your Storefront`s dashboard.

WishKnish has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material`s content, use or effects. By operating our Services, WishKnish does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. WishKnish disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which WishKnish.com links, and that link to WishKnish.com. WishKnish does not have any control over those non-WishKnish.com websites, and is not responsible for their contents or their use. By linking to a non-WishKnish.com website, WishKnish does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. WishKnish disclaims any responsibility for any harm resulting from your use of non-WishKnish.com websites and webpages.

You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your Storefront.

If you use any Third Party Services, you understand that:

  • Third Party Services are not vetted, endorsed, or controlled by WishKnish.
  • Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
  • Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
  • Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
  • Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
  • If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or Storefront.

This Agreement does not transfer from WishKnish to you any WishKnish or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with WishKnish. WishKnish, WishKnish.com, the WishKnish.com logo, and all other trademarks, service marks, graphics and logos used in connection with WishKnish.com or our Services, are trademarks or registered trademarks of WishKnish or WishKnish`s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any WishKnish or third-party trademarks.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

WishKnish may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WishKnish.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Our Services are provided "as is." WishKnish and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither WishKnish nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sussex County, Delaware.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Lewes, Delaware, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys` fees.

In no event will WishKnish, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WishKnish under this Agreement during the twelve (12) month period prior to the cause of action. WishKnish shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

You represent and warrant that (i) your use of our Services will be in strict accordance with the WishKnish Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and WishKnish reserve the right to terminate accounts or access of those in the event of a breach of this condition.

You agree to indemnify and hold harmless WishKnish, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys` fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

This Agreement constitutes the entire agreement between WishKnish and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of WishKnish, or by the posting by WishKnish of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties` original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; WishKnish may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Last Edited on 2017-10-17