We may modify these Terms at any time, at our sole discretion. The modified Terms will be posted on the Site or through other communications if we choose to modify the Terms. You should regularly review the Terms as we modify them. If you continue to use the Services after we have posted modified Terms, you thereby agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services any more. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. By using the Services, you agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services, or any portions of them. Certain features of our Services may be subject to additional guidelines, terms, or rules, which will accompany particular products or be posted on the Site. For example, our Games may be subject to a separate end user license agreement (“EULA”), which shall be considered a part of these Terms. If the EULA and these Terms contain contradicting or inconsistent terms, such terms shall be resolved by Wildcard in our sole and absolute discretion.
In order to use certain features of the Services you will have to create an account (“Account”). You may create an Account if you are of legal age to agree to form a binding contract with Wildcard and are not barred from using the Services under applicable law or regulation or these Terms.
When you create an Account, you will be asked to choose a username and password and create a user profile. We ask that you provide accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. Failure to update your information may result in suspension or termination of your Account. You are responsible for maintaining the confidentiality of your password and for any and all use of your Account. You should notify us immediately if you suspect any unauthorized use of your Account or access to your password. You may not (a) use the Account or username of any other user; (b) allow someone else to use your Account or username; or (c) sell, lend, transfer, or otherwise share your Account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right to issue a warning, suspend, or even terminate your Account (along with your ability to access and use the Services).
You may not use the Services if you reside in any embargoed countries, e.g., Iran, Cuba, Syria, North Korea, or Iraq.
You may view and use our Services for your personal, non-commercial entertainment purposes in compliance with these Terms as they may be modified from time to time. No other use of our Services is authorized.
No registration or subscription fees are required to create an Account. However, you will be required to purchase the Games from the applicable App Provider or Software Provider (as defined below) in order to download our Games and access the Services. You may also have the option to purchase in-game items, described below. In addition, we may charge fees for the use of certain products or services. These fees can change at any time in our sole discretion. We (or the App Provider or Software Provider) will charge your account or credit card for such purchases. By selecting these items, products, services, or features, you agree to pay the applicable charges assessed to your Account. These fees do not include any charges from your mobile carrier (e.g. data or messaging plan charges) or your Internet service provider (e.g. Internet connectivity charges), which you are responsible for paying. If we offer a subscription-based service, we will charge your account at the beginning of the subscription and on an ongoing monthly basis until you cancel. You must cancel your subscription before it renews to avoid the billing of the next month’s fees. You will not receive a refund for any partial month cancellation.
In our Games, you may be able to purchase virtual goods. For example, “Coins” are in-game cash that you may purchase through the Apps or Software. Coins are not subject to refund, nor do they have any “real cash” value. However, you can use Coins for virtual purchases in the Games. You may only use Coins and such items in accordance with applicable law and these Terms. Wildcard reserves the right to manage, regulate, control, modify, and/or eliminate its Services and all aspects of the Games (collectively, the “virtual goods”). All virtual goods remain property of Wildcard. Wildcard may modify any features or functionality of the virtual goods and any elements thereof in our sole discretion, which may make virtual goods more or less valuable, common, effective, or functional or eliminate the virtual goods altogether. You agree and acknowledge that all virtual goods are only licensed (and not sold) under a limited license governed by these Terms and are not redeemable for any sum of money or monetary value from Wildcard.
YOU AGREE THAT YOU WILL NOT ASSERT OR BRING ANY CLAIM AGAINST WILDCARD, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS RELATING TO (A) A CLAIM THAT YOU OWN ANY VIRTUAL GOODS; (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF VIRTUAL GOODS LOST UPON DELETION OR SUSPENSION OF YOUR ACCOUNT; (C) A CLAIM FOR AN ALLEGED MONETARY VALUE OF VIRTUAL GOODS LOST IF WILDCARD EXERCISES ITS RIGHTS UNDER THESE TERMS OR THE APPLICABLE END USER LICENSE AGREEMENT, OR FOR ANY MALFUNCTIONS AND/OR ERRORS IN THE GAMES; OR (D) A CLAIM THAT THE ALLEGED MONETARY VALUE OF THE VIRTUAL GOOD HAS INCREASED OR DECREASED DUE TO A MODIFICATION MADE OR PLANNED BY WILDCARD OR OTHERWISE.
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, information or other materials that are posted, generated, provided or otherwise made available through the Services, along with any Content that you and any other Account holders provide to be made available through the Services (“User Content”). Content includes without limitation User Content.
Wildcard does not claim any ownership rights in any User Content. These Terms will not be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Wildcard 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, patent, 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.
Except as otherwise expressly permitted by applicable law, any reproduction, distribution, modification, retransmission, publication, or other use or exploitation of our Games, Sites, and/or Content (or any portion or derivative thereof), directly or indirectly, is strictly prohibited unless written consent is first obtained. For policies on fan websites and game postings, please see our Fan Website section below.
You are solely responsible for all of your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant us 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 Wildcard 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.
You hereby grant to Wildcard a non-exclusive, transferable, sublicenseable, perpetual, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content solely by making such User Content available through the Services, in connection with operating and providing the Services and Content to you and to other Account holders.
You can remove some of your User Content by specifically deleting it. 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.
By using the Services, you may be exposed to User Content in various forms, such as messages, images, text, information, or other materials that you may find objectionable. Wildcard does not control such User Content and does not guarantee its accuracy, integrity or quality. User Content is the sole responsibility of the person transmitting the User Content. You are solely responsible for the User Content you transmit, and Wildcard shall not be liable for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of such User Content. If you make User Content available on the Services, you agree and acknowledge that such Services are public and not private communications.
Special terms may apply if you submit User Content in connection with a contest or competition that we sponsor. If we specially request certain types of Content in connection with a contest or competition, you agree that, upon submission, you hereby assign all right, title, and interest to such submitted User Content (including any intellectual property rights therein) to Wildcard. In the event you retain any moral rights in such submitted User Content, you hereby waive the right to assert any such rights in future.
Subject to your compliance with these Terms, Wildcard grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the Apps on a mobile device or computer that you own or control and to run such copy of the Apps solely for your own personal non-commercial purposes. You may not copy the Apps, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Apps; (ii) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party; (iii) reverse engineer, decompile or disassemble the Apps; or (iv) make the functionality of the Apps available to multiple users through any means. Wildcard reserves all rights in and to the Apps not expressly granted under these Terms.
If you accessed or downloaded the Apps from any app store or distribution platform (like the Apple Store or Google Play) (each, an “App Provider”), then you acknowledge and agree that:
You are responsible for your conduct while using our Services. You agree to use our Services in accordance with our Acceptable Use Policy and all applicable law and regulations.
We are not obligated to monitor access to or use of the Services or Content or to review or edit any Content. However, 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, at any time and without notice. This may include instances where we, at our sole discretion, consider any 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.
Wildcard respects copyright law and expects all users to comply with applicable copyright law. It is Wildcard’s policy to terminate in appropriate circumstances the Account(s) of holders who infringe or are believed to be infringing the rights of copyright holders.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by delivering a Notice providing the information requested below regarding the alleged infringement to Wildcard’s Designated Copyright Agent. Upon receipt of the Notice as described below, Wildcard will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
Deliver this Notice, with all items completed, to “Wildcard’s Designated Copyright Agent”:
c/o The Wildcard Alliance
110 E Davis St
McKinney, Texas 75069
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license 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.
Please do not send us creative ideas, suggestions or materials such as game ideas or original artwork. We do not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. This policy is in place to avoid any misunderstandings if Wildcard develops projects that may seem similar to your creative work. In the event you submit any creative ideas, suggestions, or materials, you hereby irrevocably grant all right, title, and interest in such ideas, suggestions, or materials, including any intellectual property rights, to Wildcard. To the extent you retain any moral rights in such ideas, suggestions, or materials, you hereby waive and agree never to assert such rights.
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.
As mentioned above, all rights, title, and interest to the Services and Content (including all intellectual property rights therein) are the sole and exclusive property of Wildcard and its licensors. If you wish to include any such Content (for example, Wildcard’s logos) on your fan website, you must first obtain Wildcard’s permission.
Wildcard values its fans and wants its fans to share their game experiences. As such, Wildcard may grant an Account holder a limited, revocable, non-exclusive, non-transferable and non-sublicensable permission to reproduce and display Wildcard game-related images, graphics or artwork (“Select Game Content”), provided that such use is solely in connection with an Account holder’s fansite or fansite pages dedicated to the Games and only for non-commercial purposes. This license, if granted in Wildcard’s sole discretion, is subject to your compliance with the Terms, including the Acceptable Use Policy. You acknowledge and agree that Wildcard shall have the right to amend, delete, and otherwise modify such Select Game Content used or accessed by you, without prior notice. Wildcard retains all right, title, and interest in and to the Select Game Content and reserves all rights not expressly granted herein. You agree that you will include (and will not modify or delete) any Wildcard proprietary rights notices included in the Select Game Content. If you use any trademarks, logos, services marks, or other marks of Wildcard included in the Select Game Content, you may only use them in accordance with Wildcard’s usage guidelines as updated from time to time. You represent and warrant that the fansite will not post material that is illegal, infringes on the rights of third parties or harms the reputation of the Games or Wildcard, its affiliates, directors, officers, employees or agents, or otherwise violates the Acceptable Use Policy of Wildcard described herein. You understand and agree that Wildcard may expressly refuse this permission or revoke its permission at any time and in Wildcard’s sole discretion. For clarity, nothing herein grants a user or Account holder the right to redistribute the Games or use Game Content for a commercial purpose.
You can terminate your Account at any time by deactivating your Account or by providing notice of termination. We reserve the right to terminate or suspend your Account or access to any or all portions of the Services at any time, for any reason, and without notice to you. Upon termination, all rights and licenses granted to you in these Terms immediately cease. If your account or access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to a refund of any kind, nor will any such amounts be credited or reimbursed to you in any form and you will have no further right to access any of the foregoing or your Account. Upon any termination, discontinuation or cancellation of 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.
You agree to indemnify and hold harmless Wildcard, its affiliates, officers, directors, employee and agents, 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 or Content, (ii) your User Content or your use of Select Game Content on your fansite, or (iii) your violation of these Terms. The foregoing indemnity will not be impaired or rendered inapplicable by the negligence of the indemnified party.
Your access and use of our Services is at your own risk. You agree that any Content you submit to us through our Services is done at your own discretion and risk. You will be solely responsible for any loss or damage to your User Content. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR 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. If applicable law requires any warranties with respect to our Services, all such warranties are limited in duration to thirty (30) days from the date of your first use of the Services.
TO THE EXTENT PERMITTED BY LAW, NEITHER WILDCARD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WILDCARD 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.
IN NO EVENT WILL WILDCARD’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO WILDCARD FOR USE OF THE SERVICES OR CONTENT FOR THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WILDCARD.
These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of law provisions.
You and Wildcard 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 settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in MCKINNEY, COLLIN COUNTY, TEXAS, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Wildcard are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Wildcard otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Wildcard otherwise agree, the arbitration will be conducted in COLLIN County, Texas. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Wildcard submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Wildcard will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Wildcard changes this “Dispute Resolution” section 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 email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Wildcard’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 Wildcard in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms, and the additional terms referred to within these Terms, constitute the entire and exclusive understanding and agreement between Wildcard and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Wildcard and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, 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 your rights and obligations under these Terms, by operation of law or otherwise, without Wildcard’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Wildcard 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.
Any notices or other communications provided by Wildcard under these Terms, including those regarding modifications to these Terms, will be given by Wildcard: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Wildcard’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 Wildcard. 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.
If you have any questions about these Terms or the Services, please contact Wildcard at firstname.lastname@example.org.