TERMS AND CONDITIONS OF USE

WISH HAUS™
wishhaus.com

Effective Date: February 23, 2026
Last Revised: February 23, 2026

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THIS WEBSITE.

1. ACCEPTANCE OF TERMS; BINDING EFFECT

1.1 Agreement to Be Bound

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you, whether acting in your individual capacity or on behalf of an entity (“you” or “User”), and Wish Haus™, a creative video production enterprise operated by Nolan Hieu Trifunovic (“Wish Haus,” “we,” “us,” or “our”). These Terms govern your access to and use of the website located at wishhaus.com (the “Site”), including all content, features, functionality, and communications available through or in connection with the Site.

1.2 Capacity and Authority

By accessing or using the Site, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) if you are accessing the Site on behalf of a business entity, organization, or other legal person, you have the legal authority to bind that entity to these Terms; (c) your use of the Site does not violate any applicable law, regulation, or contractual obligation to which you are subject; and (d) all information you provide through the Site is accurate, current, and complete.

1.3 Revisions

Wish Haus reserves the right, in its sole and absolute discretion, to modify, amend, or replace these Terms at any time without prior notice. All changes are effective immediately upon posting to the Site and apply to all access and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of and agreement to be bound by those revisions. It is your responsibility to review these Terms periodically. We will update the “Last Revised” date above upon each revision.

2. DESCRIPTION OF THE SITE

2.1 Nature and Purpose

The Site is an informational and portfolio website operated by Wish Haus for the purpose of presenting Wish Haus’s video production capabilities, showcasing completed work for prior and current clients, and enabling prospective clients and other interested parties to initiate contact. The Site does not constitute an offer to perform any particular service, does not guarantee the availability of Wish Haus for any specific project, and does not create any obligation on the part of Wish Haus to enter into a service relationship with any User.

2.2 No Commercial Transactions Through the Site

The Site does not facilitate e-commerce transactions, process payments, create user accounts, or support any form of online purchasing. No contract for services is formed by the submission of a contact form inquiry or by any other communication initiated through the Site. Any engagement for video production services shall be governed solely by a separate, written service agreement executed by authorized representatives of both parties.

2.3 No Guarantee of Availability or Continuity

Wish Haus reserves the right to modify, suspend, discontinue, or terminate the Site or any portion thereof, with or without notice, at any time and for any reason, without liability to you or any third party. Wish Haus does not guarantee that the Site will be available at any particular time or that access to the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Ownership of Site Content

All content on the Site, including without limitation all text, graphics, photographs, video content, motion pictures, short films, audio recordings, music, sound recordings, logos, trademarks, service marks, trade dress, compilation and arrangement of content, source code, and the Wish Haus™ name and mark (collectively, “Site Content”), is the exclusive property of Nolan Hieu Trifunovic and/or Wish Haus, or is licensed to Wish Haus by third parties, and is protected by applicable United States and international intellectual property laws, including the Copyright Act, 17 U.S.C. § 101 et seq., the Lanham Act, and related state law. All rights are expressly reserved. The copyright notice appearing on the Site — Content Copyright © 2022–2026 Nolan Hieu Trifunovic. All Rights Reserved — is incorporated herein by reference.

3.2 Limited License to Users

Subject to your compliance with these Terms in their entirety, Wish Haus grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Site solely for your personal, non-commercial informational purposes. This license does not include any right to: (a) download, copy, reproduce, republish, upload, post, transmit, or distribute any Site Content, in whole or in part, by any means; (b) modify, adapt, translate, create derivative works from, or reverse engineer any Site Content; (c) remove, obscure, or alter any copyright notice, trademark, or other proprietary rights notice affixed to or contained within the Site; (d) use any Site Content for commercial purposes, including for advertising, promotion, or resale; or (e) “frame” or “mirror” any portion of the Site on any other website or platform without Wish Haus’s express prior written consent. Any use of Site Content beyond the scope of this limited license is an infringement of Wish Haus’s intellectual property rights and is strictly prohibited.

3.3 Trademarks

“WISH HAUS,” “WISH HAUS™,” the Wish Haus logo, and all related marks, logos, and trade dress are the trademarks or registered trademarks of Nolan Hieu Trifunovic and/or Wish Haus. Nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Wish Haus trademark or trade dress without the prior express written consent of Wish Haus. All other trademarks appearing on the Site are the property of their respective owners.

3.4 Unsolicited Submissions

Wish Haus does not accept unsolicited creative pitches, story ideas, scripts, treatments, or similar materials. To the fullest extent permitted by applicable law, any unsolicited submission you make to Wish Haus through the Site or any other channel shall be deemed non-confidential and non-proprietary, and Wish Haus shall have no obligation of any kind with respect to such submission. You hereby grant to Wish Haus a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, adapt, publish, translate, distribute, and display any such submission for any purpose, without compensation or attribution to you.

3.5 Feedback

If you provide Wish Haus with any suggestions, ideas, comments, or other feedback regarding the Site or Wish Haus’s services (collectively, “Feedback”), you hereby assign to Wish Haus all right, title, and interest in and to such Feedback, including all intellectual property rights therein. Wish Haus may use Feedback for any purpose without restriction or compensation to you.

4. USER CONDUCT AND PROHIBITED ACTIVITIES

4.1 General Prohibitions

You agree that you will not, and will not permit any third party to, directly or indirectly:

  • Use the Site for any unlawful, fraudulent, misleading, or tortious purpose;

  • Use the Site to violate any applicable federal, state, local, or international law or regulation;

  • Transmit, post, or submit through the Site any material that is defamatory, obscene, harassing, abusive, threatening, hateful, invasive of another’s privacy, or otherwise objectionable;

  • Impersonate any person or entity, or falsely represent your affiliation with any person or entity, in connection with your use of the Site;

  • Introduce to the Site any virus, worm, Trojan horse, malware, spyware, or other malicious or harmful code;

  • Engage in any conduct that interferes with, disrupts, or imposes an unreasonable or disproportionately large load on the Site’s infrastructure or any server, network, or system connected to the Site;

  • Circumvent, disable, or otherwise interfere with any security feature of the Site, including any feature that prevents or restricts the use or copying of any Site Content;

  • Use the Site to collect or harvest any personally identifiable information about other users or third parties without their express written consent;

  • Use the Site to send unsolicited commercial communications (spam); or

  • Attempt to gain unauthorized access to any portion of the Site, Wish Haus’s servers, or any related system or network.

4.2 Automated Access

You may not use any robot, spider, scraper, data mining tool, data aggregation tool, or other automated device, program, or method to access, index, scrape, crawl, or otherwise collect information from the Site without the prior express written consent of Wish Haus. Wish Haus reserves the right to block or restrict access to the Site by any automated agent at its sole discretion.

5. THIRD-PARTY CONTENT, PLATFORMS, AND LINKS

5.1 Embedded Third-Party Media

The Site may feature video content embedded from third-party platforms, including without limitation YouTube (Google LLC) and Vimeo, Inc. Such embedded content is provided solely for illustrative and portfolio purposes. Wish Haus does not own, operate, or control those platforms, and the presence of embedded content from those platforms does not constitute an endorsement of, affiliation with, or recommendation of any such platform by Wish Haus. Your interaction with embedded content is subject to the terms of service and privacy policies of the applicable third-party platform. Wish Haus expressly disclaims all responsibility and liability for any content, data practices, or actions of any third-party platform.

5.2 Third-Party Links

The Site may contain links to third-party websites or resources. Such links are provided for informational convenience only. Wish Haus has no control over the content, availability, accuracy, or practices of any linked website and makes no representation or warranty with respect thereto. The inclusion of any link does not imply endorsement by Wish Haus of the linked website or any association with its operators. You access linked third-party websites at your own risk, and Wish Haus expressly disclaims all liability arising from your use of or reliance on any third-party website or resource.

6. DISCLAIMER OF WARRANTIES

6.1 “AS IS” / “AS AVAILABLE” Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SITE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WISH HAUS, NOLAN HIEU TRIFUNOVIC, AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, AND LICENSORS (COLLECTIVELY, THE “WISH HAUS PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

  • ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT;

  • ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;

  • ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

  • ANY WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

  • ANY WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, RELIABLE, OR COMPLETE; AND

  • ANY WARRANTY THAT ANY ERRORS IN THE SITE WILL BE CORRECTED.

6.2 No Professional Advice

Nothing on the Site constitutes legal, financial, business, creative, or any other form of professional advice. Wish Haus is a video production enterprise. No information on the Site creates any professional relationship between you and Wish Haus or Nolan Hieu Trifunovic.

6.3 Acknowledgement of Disclaimer

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS DISCLAIMER OF WARRANTIES, UNDERSTAND IT, AND AGREE TO ITS TERMS. AS A MATERIAL PART OF THE CONSIDERATION FOR THE LIMITED LICENSE GRANTED HEREIN, YOU ACCEPT THE SITE WITH ITS KNOWN AND UNKNOWN FAULTS, DEFECTS, AND LIMITATIONS.

7. LIMITATION OF LIABILITY

7.1 Exclusion of Consequential and Related Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE WISH HAUS PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;

  • DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS;

  • DAMAGES FOR LOSS OF USE, LOSS OF CONTENT, OR SERVICE INTERRUPTION;

  • COST OF SUBSTITUTE GOODS OR SERVICES; OR

  • ANY OTHER DAMAGES OF ANY KIND,

ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE; (C) ANY CONTENT OBTAINED FROM OR THROUGH THE SITE; OR (D) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND REGARDLESS OF WHETHER WISH HAUS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 Aggregate Liability Cap

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE WISH HAUS PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO WISH HAUS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS (USD $100.00).

7.3 Essential Basis of Bargain

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 7 REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WISH HAUS. WISH HAUS WOULD NOT PROVIDE ACCESS TO THE SITE OR THE SERVICES DESCRIBED HEREON ABSENT THESE LIMITATIONS.

7.4 California Civil Code § 1668 Notice

Nothing in these Terms shall be construed to limit Wish Haus’s liability for: (a) death or personal injury caused by Wish Haus’s gross negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under California Civil Code § 1668 or other mandatory applicable law. These Terms do not limit Wish Haus’s liability for willful injury to the person or property of another, or for violation of law, as prohibited by California Civil Code § 1668. All other limitations and exclusions of liability expressly set forth herein remain in full force and effect.

8. INDEMNIFICATION

8.1 User Indemnification Obligation

You agree to defend, indemnify, and hold harmless the Wish Haus Parties from and against any and all claims, demands, actions, causes of action, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with: (a) your use of or access to the Site; (b) your violation of any provision of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any right of any third party, including any intellectual property right, right of publicity, or privacy right; (e) any content or information you submit, post, or transmit through the Site; or (f) any willful misconduct or negligence on your part.

8.2 Control of Defense

Wish Haus reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Wish Haus in asserting any available defenses. You shall not settle any claim subject to indemnification hereunder without the prior written consent of Wish Haus.

9. VIDEO PRODUCTION SERVICES — SUPPLEMENTAL TERMS

The following provisions supplement these Terms and shall govern any engagement by Wish Haus to provide video production, filmmaking, cinematography, directing, or related creative services (collectively, “Production Services”) to a client. These provisions apply in addition to, and not in lieu of, any separate written service agreement executed by the parties. In the event of a conflict between these Terms and a separate written service agreement, the terms of the written service agreement shall control with respect to the subject matter of that agreement only.

9.1 No Guarantee of Creative Outcome

Wish Haus does not guarantee any specific creative, commercial, or business result from the performance of Production Services. Video production is an inherently subjective creative endeavor. Wish Haus’s obligation is to perform Production Services with reasonable professional skill and care. Wish Haus makes no representation that any deliverable will achieve any particular audience reach, engagement metric, award recognition, commercial return, or other outcome. Any estimates, timelines, or projections provided by Wish Haus are good-faith approximations only and do not constitute representations or warranties.

9.2 Client Representations and Warranties

Any client engaging Wish Haus for Production Services represents, warrants, and covenants that: (a) the client has full legal right, power, and authority to engage Wish Haus and to grant all rights necessary for Wish Haus to perform the Production Services; (b) all materials, content, assets, locations, talent, likenesses, music, logos, trademarks, and other elements furnished or approved by the client for use in connection with the Production Services (“Client Materials”) do not and will not: (i) infringe, misappropriate, or violate any intellectual property right, right of publicity, right of privacy, or other right of any third party; (ii) violate any applicable law or regulation; or (iii) be defamatory, obscene, or otherwise actionable; (c) the client has obtained, or will obtain prior to production, all necessary permits, licenses, location releases, talent releases, music synchronization licenses, and other consents and clearances required for lawful production and use of the deliverables; and (d) the client will not use any deliverable for any unlawful purpose.

9.3 Intellectual Property in Deliverables

Unless expressly agreed otherwise in a separate written agreement signed by an authorized representative of Wish Haus: (a) all raw footage, outtakes, behind-the-scenes materials, and production files (“Raw Materials”) shall remain the sole and exclusive property of Wish Haus and Nolan Hieu Trifunovic; (b) Wish Haus retains ownership of all pre-existing creative tools, techniques, templates, workflows, processes, and know-how used in connection with the Production Services; and (c) upon full and final payment of all amounts due under the applicable service agreement, Wish Haus grants to the client a limited, non-exclusive, non-transferable license to use the final edited deliverable(s) solely for the purposes and in the channels expressly specified in writing by the parties. Any use beyond the scope of such license requires Wish Haus’s prior written consent and may be subject to additional fees.

9.4 Portfolio and Promotional License

You hereby grant to Wish Haus and Nolan Hieu Trifunovic a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to display, reproduce, exhibit, publicly perform, and otherwise use your name, business name, logo, and the final deliverable(s) produced for you in Wish Haus’s portfolio, website, social media channels, film festival submissions, award entries, press materials, and other promotional and self-promotional materials and activities, in any medium now known or hereafter developed. Wish Haus shall credit the client as reasonably appropriate in connection with any such use. This license survives the termination or expiration of any service agreement.

9.5 On-Set and Production Safety

Wish Haus takes reasonable precautions with respect to on-set and production safety, but the client acknowledges that video and film production involves inherent risks. The client agrees to cooperate with all reasonable safety protocols established by Wish Haus. To the fullest extent permitted by law, the client assumes all risk of loss, damage, or injury arising from or related to client-supplied locations, talent, equipment, or materials, and shall indemnify the Wish Haus Parties from any claim arising therefrom.

9.6 Force Majeure

Wish Haus shall not be liable for any delay, non-performance, or failure to deliver arising from causes beyond its reasonable control, including without limitation acts of God, acts of government, natural disasters, pandemic, epidemic, public health emergency, labor disputes, equipment failure, power outage, extreme weather, civil unrest, war, terrorism, or acts or omissions of third parties (“Force Majeure Event”). In the event of a Force Majeure Event, Wish Haus shall notify the client as soon as reasonably practicable and the parties shall cooperate in good faith to reschedule affected services. Wish Haus shall have no liability to the client for any damages, costs, or losses resulting from a Force Majeure Event.

9.7 Freelance Worker Protection Act

To the extent applicable, any engagement of Wish Haus as a freelance worker (as defined under California Business and Professions Code § 18100 et seq., the “Freelance Worker Protection Act” or “FWPA”) shall be evidenced by a written contract that satisfies the requirements of the FWPA. Nothing in these Terms shall be construed to supersede or waive any right expressly and non-waivably conferred upon Wish Haus under the FWPA.

10. DIGITAL MILLENNIUM COPYRIGHT ACT

10.1 DMCA Notice and Takedown

Wish Haus respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). If you believe that any content appearing on the Site infringes a copyright you own or control, you may submit a written notice of claimed infringement to Wish Haus’s designated agent containing the following information required by 17 U.S.C. § 512(c)(3): (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing, with sufficient information for Wish Haus to locate the material; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner. DMCA notices should be submitted to: Nenad Trifunovic, P.O. Box 260226, Encino, California 91426-0226.

10.2 Repeat Infringer Policy

In accordance with the DMCA and applicable copyright law, Wish Haus maintains a policy of terminating, in appropriate circumstances, access to the Site by users who are deemed to be repeat infringers of others’ intellectual property rights.

11. DISPUTE RESOLUTION; BINDING ARBITRATION

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to contact Wish Haus in writing at the address set forth in Section 14.7 of these Terms and provide a detailed written description of the nature and basis of your claim and the relief sought. The parties agree to negotiate in good faith for a period of thirty (30) calendar days following receipt of such written notice (the “Informal Resolution Period”) in an attempt to resolve the dispute. This informal notice and negotiation requirement is a prerequisite to initiating any arbitration or court proceeding and shall toll any applicable statute of limitations for the duration of the Informal Resolution Period.

11.2 Binding Arbitration

If the parties are unable to resolve the dispute through informal negotiation within the Informal Resolution Period, any dispute, claim, or controversy arising out of or relating to these Terms or the use, payment for, or provision of services through the Site (subject to the scope limitation in Section 11.3 and the exceptions in Section 11.5) shall be resolved by final and binding individual arbitration administered by JAMS pursuant to its applicable rules then in effect. The arbitration shall be conducted by a single, neutral arbitrator. The arbitration shall be held in Los Angeles County, California. The arbitrator shall have authority to award any remedy available at law or in equity, subject to the limitations on liability set forth in Section 7 of these Terms. The arbitrator’s decision shall be final, binding, and non-appealable (except on the limited grounds set forth in California Code of Civil Procedure § 1286.2), and may be entered as a judgment in any court of competent jurisdiction. The costs of arbitration (excluding attorneys’ fees) shall be allocated by the arbitrator in accordance with JAMS rules.

11.3 Arbitration Scope (California Civil Code § 1670.15)

In accordance with California Civil Code § 1670.15, effective January 1, 2026, the arbitration agreement set forth in Section 11.2 is limited in scope to disputes arising from the use, payment for, or provision of goods or services through this Site. Nothing in these Terms shall be construed to require arbitration of claims that are outside the scope of this provision as defined by California Civil Code § 1670.15.

11.4 Class Action and Jury Trial Waiver

YOU AND WISH HAUS EACH WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AND WISH HAUS EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING, WHETHER AS A PLAINTIFF, CLASS MEMBER, OR OTHERWISE. YOU AND WISH HAUS AGREE THAT ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS. The arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated, and shall have no authority to hear any claim as a class, collective, or representative action. If any portion of this class action waiver is found to be unenforceable, the entirety of this Section 11 shall be null and void and the parties shall litigate the dispute in a court of competent jurisdiction in Los Angeles County, California.

11.5 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction in Los Angeles County, California, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights or confidential information. Such court proceedings shall not be deemed a waiver of the right to arbitrate under Section 11.2.

12. GOVERNING LAW AND VENUE

These Terms and all matters arising out of or relating to these Terms (whether in contract, tort, statute, or otherwise) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice-of-law or conflict-of-law provision. For any dispute not subject to mandatory arbitration under Section 11, or for any enforcement of an arbitral award, the parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, and waive any objection based on improper venue, inconvenient forum, or lack of personal jurisdiction.

13. WAIVER OF UNKNOWN CLAIMS — CALIFORNIA CIVIL CODE § 1542

To the fullest extent permitted by law, you expressly waive and relinquish all rights and benefits afforded by California Civil Code § 1542, which provides:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING PROVISION OF CALIFORNIA CIVIL CODE § 1542, AND THAT YOU NONETHELESS VOLUNTARILY AND EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS CONFERRED BY THAT STATUTE WITH RESPECT TO ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE WISH HAUS PARTIES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, WHETHER KNOWN OR UNKNOWN TO YOU AT THE TIME YOU ACCESS THE SITE OR ACCEPT THESE TERMS. YOU UNDERSTAND THAT THIS WAIVER INCLUDES ALL KNOWN AND UNKNOWN CLAIMS.

14. GENERAL PROVISIONS

14.1 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or contrary to public policy, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

14.2 Entire Agreement

These Terms, together with the Privacy Policy and any separate written service agreement executed by the parties, constitute the entire agreement between you and Wish Haus with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, representations, understandings, negotiations, and communications, whether oral or written, between the parties with respect to that subject matter.

14.3 No Waiver

Wish Haus’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Wish Haus.

14.4 No Agency; Independent Contractor

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, franchise, or agency relationship between you and Wish Haus. You have no authority to bind Wish Haus in any respect.

14.5 Assignment

You may not assign, delegate, or otherwise transfer any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior express written consent of Wish Haus. Wish Haus may freely assign these Terms and any of its rights or obligations hereunder, in whole or in part, without notice to you or your consent. Any purported assignment in violation of this Section shall be null and void.

14.6 Modifications to the Site

Wish Haus reserves the right to modify, update, discontinue, or remove any aspect of the Site, or to restrict access to all or any portion of the Site, at any time without notice, without liability to you.

14.7 Notices

All notices required or permitted under these Terms shall be in writing and delivered to Wish Haus via email at legal@trifunovic.com or by U.S. mail to:

Wish Haus™
Attn: Nenad Trifunovic
P.O. Box 260226
Encino, California 91426-0226

14.8 Headings

Section headings are included for convenience of reference only and shall not affect the interpretation or construction of these Terms.