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Effective date: 01.09.2022
Last updated: 13.09.2022
This Terms of Service (as amended from time to time, “Terms of Service” or “Agreement”) sets out the terms of use in respect of the mobile game application (the “Game”) and websites (https://wildchain.io) (the “Site“) and (https://wildchain.nft) (the "Marketplace") provided by Wildchain Limited and its affiliates (individually and collectively, “Wildchain”, “we“, “us” or “our“). We refer to the Game, Site and other services that we provide collectively as our “Services“
The Services includes all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including without limitation any mobile application services) or other materials made available by or through us. Any updates, upgrades and new features added to or augmenting the Services are also subject to these Terms of Service.
We reserve the right to revise this Terms of Service from time to time without any prior notice, effective upon posting on the Wildchain platform. By using the Services, registering for an account with us or visiting our Site, you agree to be bound by this Terms of Service, whether or not you register as a member of Wildchain (“Member”). If you wish to become a Member and/or make use of the Services, please read this Agreement carefully. In the event of any revision of this Terms of Service, your continued use of the Services shall constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION PROVISION THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IF YOU DO NOT CONSENT TO THIS TERMS OF SERVICE, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR GAME OR SITE.
This Agreement is an electronic contract that sets out the legally binding terms of your use of our Services. You agree that Wildchain reserves the right to refuse to provide you access to our Services or to allow you to register as a Member for any reason. Further, Wildchain reserves all rights not expressly granted herein.
1. COMMERCIAL USE OF SERVICE
If you are using the Services and/or accessing the Services on behalf of a company, entity, or organisation (collectively, a “Subscribing Entity”), you represent and warrant that:
you are an authorised representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
you have read and understand this Terms of Service; and
you agree to this Terms of Service on behalf of the Subscribing Entity. Illegal and/or unauthorised uses of the Services include, but are not limited to, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorised framing of or linking to the Services, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Services in any fraudulent or misleading manner, any automated use of the system, such as scraping the Services, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services, and using the Services in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorised use of the Services may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Services is with the permission of Wildchain, which may be revoked at any time, for any reason, in Wildchain's sole discretion.
2. ACCOUNT AND SECURITY
Some functions of our Services require registration for an account by selecting a unique user identification for your account (“User ID“) and password, and by providing certain personal information. If you select a User ID that Wildchain, in its sole discretion, finds offensive or inappropriate, Wildchain has the right to suspend or terminate your account. You agree to (a) keep your password confidential and to use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session, (c) immediately notify Wildchain of any unauthorised use of your account, User ID and/or password, and (d) ensure that your account information is accurate and up-to-date. You are fully responsible for all activities that occur under your account. For security purposes, Wildchain recommends that you change your password often, that you do not reuse passwords, and that you use unique passwords for this Site. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. You agree that Wildchain may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your account and your User ID, and remove or discard from the Services any Content associated with your account and User ID. Grounds for such termination may include, but are not limited to, (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms of Service, (iii) violation of any applicable law, (iv) fraudulent, harassing, defamatory, threatening or abusive behaviour or (v) behaviour that is harmful to other users, third parties, or the business interests of Wildchain. Use of an account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim (under any cause of action whatsoever) either against Wildchain, or which in any way involves Wildchain, then Wildchain may terminate your account.
3. YOUR USE OF THE SERVICES
You must not copy or capture, or attempt to copy or capture, any content from the Services (the “Content”), unless given express permission by Wildchain.
You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Wildchain platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service.
You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of offering of the Services.
You must not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services.
You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Services.
You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Services or any Content appearing on the Services (other than Your Content).
You must not, and must not permit any third party to, copy or adapt the object code of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
You must not use the Services to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Wildchain’s sole and reasonable discretion;
any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;
any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Wildchain’s sole and reasonable opinion;
any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Services or servers or networks forming part of, or connected to, the Services, or which does or might restrict or inhibit any other user’s use and enjoyment of the Services; or
any unsolicited or unauthorised advertising, promotional messages, spam or any other form of solicitation.
You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
You must not rent, sell or lease access to the Services, or any Content on the Services, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
You must not stalk, exploit, threaten, abuse or otherwise harass another. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused in-game currency or goods.
You must not sell or transfer, or offer to sell or transfer, any Wildchain account to any third party without the prior written approval of Wildchain.
You must not sell or transfer, or offer to sell or transfer, any Wildchain account to any third party without the prior written approval of Wildchain.
You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Wildchain; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorised to access; attempt to scan or test the vulnerability of Wildchain's servers, system or network or attempt to breach Wildchain's data security or authentication procedures; or attempt to interfere with the Services by any means including, without limitation, hacking Wildchain's servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Wildchain under these Terms of Service, Wildchain reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions, and acknowledge and agree that Wildchain has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.
4. YOUR RESPONSIBILITY FOR THE SERVICES
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Wildchain, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Services. Wildchain does not control the Content posted or otherwise transmitted by users (“User Content”) through the Services and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Services, you may be exposed to User Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Wildchain be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any User Content posted, emailed, transmitted or otherwise made available through the Services. You acknowledge that Wildchain may or may not pre-screen User Content, but that Wildchain and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or remove any User Content available through the Services for any reason. Without limiting the foregoing, Wildchain and its designees shall have the right to remove any User Content that violates these Terms of Service, if we receive a complaint from another user, if we receive a notice of intellectual property infringement or other legal instruction for removal, or if such User Content is otherwise objectionable in our sole discretion. We may also block delivery of a communication (including without limitation status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any Content not created by Wildchain, including without limitation information in Wildchain forums, instant messaging channels and in all other parts of the Services. Wildchain may collect, use and/or process your account information and Your Content to comply with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority.
5. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to Wildchain as follows:
you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms;
you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations;
you will only use the Services on a machine or device on which such use is authorised by the machine's or device's owner;
Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licences, consents and permissions necessary in relation thereto;
Your Content and the availability thereof on the Wildchain platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information;
you have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Services and via any third party services; and
Your Content, including any comments that you may post on the Services, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
Your Content does not and will not create any liability on the part of Wildchain, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. Wildchain reserves the right to remove Your Content, suspend or terminate your access to the Wildchain platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
6. TERM
This Agreement will remain in full force and effect while you use the Services. You may terminate your membership by contacting us at pigeons@wildchain.io. If you resign or cancel your membership to Wildchain, to help Wildchain analyse and improve the Services, you may be asked to provide a reason for your resignation/cancellation. Wildchain may terminate your membership for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Wildchain. If Wildchain terminates your membership in the Services because you have breached this Agreement, any right you may have had to any pre-purchased in-game currency or goods shall be forfeited, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement. All decisions regarding the termination of accounts shall be made in the sole discretion of Wildchain. Wildchain is not required to provide you notice prior to terminating your membership. Wildchain is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
7. MODIFICATIONS TO SERVICE
Wildchain reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Wildchain may also impose limits on certain features or restrict your access to parts of, or the entire, Services in its sole discretion and without notice or liability. You agree that Wildchain shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
8. BLOCKING OF INTERNET PROTOCOL (“IP”) ADDRESSES
In order to protect the integrity of the Services, Wildchain reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Services.
9. CONTENT
Proprietary Rights. You acknowledge and agree that all title, ownership rights and intellectual property rights connected with the Services (including but not limited to any derivative works, titles, computer code, objects, themes, characters, character names, stories, dialogues, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated in the Services, and any related documentation) are the property of Wildchain and where applicable, third party proprietors identified in the Services. No ownership of any of the foregoing is transferred to you by virtue of this Agreement or by permitting you to use the Services. Except where we have given you express written permission, you may not copy, distribute, publish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services or its Content. Except where otherwise specified in this Agreement, all Content is copyrighted material of Wildchain and for Wildchain’s Members’ use only. Distribution of Content to others is strictly prohibited. You agree that Wildchain would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Wildchain shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have. We may provide links to a third party site, and some of the content appearing on Wildchain may be supplied by third parties. Wildchain has no responsibility for these third party sites nor for their content, which is subject to and governed by the terms of service and/or privacy policies, if any, of the applicable third party content providers. You understand and agree that we have no control over third-party networks you may access in the course of your use of the Site and Content, and therefore, delays and disruption of other network transmissions are completely beyond our control.
Limited Licence. Wildchain grants you a non-exclusive, non-transferable limited right and licence to access and use the Services, subject to the terms and conditions of these Terms of Service and for personal use only. This licence does not allow you to make any commercial use or any derivative use of the Services (including without limitation any of its individual elements, including but not limited to the Games or the Content). All rights not specifically granted by Wildchain under these Terms of Service are hereby reserved by Wildchain. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Wildchain.
Ownership of Your Content. You agree that Your Content shall become the property of Wildchain. With respect to Your Content, Wildchain grants you a worldwide, royalty-free and non-exclusive licence(s) to use, distribute, reproduce, and publicly display such Content, except with regard to commercial or for-profit use account. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Services from time to time. Where you repost another user's Content, or include another user's Content in a set, you acquire no ownership rights whatsoever in that Content.
10. RESTRICTIONS ON USE OF MATERIALS
You acknowledge that the Services contain images, text, and other content (collectively, “Intellectual Property”) that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the copyright laws of the Kingdom of Thailand (and, if applicable, similar foreign laws), and Wildchain owns a copyright in the selection, coordination, arrangement, and enhancement of such Intellectual Property. All trademarks appearing on this Site are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
11. MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Wildchain prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. You hereby agree that notifications of claimed copyright infringement be sent by certified mail to: pigeons@wildchain.io.
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Services, please write to Wildchain at the address shown above, giving a written statement that contains:
identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
identification of the allegedly infringing material on the Services that is requested to be removed;
your name, address, and daytime telephone number, and an e-mail address if available;
a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorised by the owner, its agent, or the law;
a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorised to act on behalf of the owner of the right that is allegedly infringed; and
the signature of the intellectual property right owner or someone authorised on the owner's behalf to assert infringement of the right.
Wildchain will process any notice of alleged infringement which it receives and will take appropriate action. Law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
12. LIABILITY FOR CONTENT
You hereby acknowledge and agree that Wildchain (a) stores User Content and other information at the direction, request and with the authorisation of its users, (b) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such User Content, and (c) plays no active role and gives no assistance in the presentation or use of the User Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Services, and to the extent permissible by law, Wildchain excludes all liability with respect to all User Content (including Your Content) and the activities of its users with respect thereto. You hereby acknowledge and agree that Wildchain cannot and does not review the User Content created or uploaded by its users, and neither Wildchain nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Services for User Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law. Wildchain and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any User Content uploaded to the Services by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Services. By using the Services, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Wildchain or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
13. REPEAT INFRINGERS
Wildchain will suspend or terminate your access to the Services if Wildchain determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service. If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Services terminated forthwith. We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Wildchain at its sole discretion. Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Service.
14. LIMITATION OF LIABILITY
In no event shall Wildchain be liable for any damages whatsoever, whether in contract, warranty, tort, product liability, strict liability or other theory, to you or any other person or entity for any damages (including, without limitation, any indirect, incidental, special or consequential damages), arising out of or relating to the Services, or use thereof. Nothing contained in this Site or in any written or oral communications from Wildchain or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph. The content and functionality on the Services provided by employees of the Services are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Wildchain makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Services’ content or that the functionality of the Services will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Services is at your sole risk. UNDER NO CIRCUMSTANCES SHALL WILDCHAIN, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SITE OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF WILDCHAIN HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL WILDCHAIN HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; FUNCTIONALITY, RELIABILITY, SEQUENCING; COMPATIBILITY OF THE SITE WITH THE HARDWARE OR SOFTWARE YOU USE; SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF WILDCHAIN HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICES. In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Wildchain and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Site or the Services shall be limited to monetary damages that in the aggregate may not exceed the lower of $500.00 or the sum of any amount paid by the Member or user to Wildchain during the six months prior to notice to Wildchain of the dispute for which the remedy is sought. Nothing in these terms of service shall limit or exclude any liability caused by Wildchain's fraud or for any other liability that cannot be lawfully limited and/or excluded.
15. INDEMNITY BY YOU
You agree to indemnify and hold Wildchain, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
your use of the Services and/or Site in violation of this Agreement and/or arising from a breach of this Agreement (including without limitation your representations and warranties set forth above) or any breach of law by you;
any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Services, and/or your making available thereof to other users of the Services, and/or the actual use of Your Content by other users of the Services or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content; and
any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of Wildchain.
16. ATTORNEY FEES
In the event that Wildchain is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Wildchain's attorneys' fees and costs.
17. PARENTAL OR GUARDIAN PERMISSION
Some of the Content on the Services may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE SERVICES WITHOUT THE CONSENT OF A SUPERVISING PARENT OR GUARDIAN.
18. PRIVACY
Your privacy is very important to Wildchain. To better protect your rights, we have provided a Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Wildchain collects and uses the information associated with your account and/or your use of the Services.
19. JURISDICTION AND CHOICE OF LAW; DISPUTE RESOLUTION
ARBITRATION PROVISION/NO CLASS ACTION
20. ARBITRATION PROVISION/NO CLASS ACTION
Except where prohibited by law, as a condition of using the Services, you agree that any and all disputes, claims and causes of action arising out of or connected with the Services, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration administered by [the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this section. The seat of the arbitration shall be Singapore. The tribunal shall consist of one (1) arbitrator]. The language of the arbitration shall be English.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
22. COMPLIANCE WITH APPLICABLE LAWS
You access Wildchain at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the Singapore Prevention of Corruption Act. Where applicable, you confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
23. ENTIRE AGREEMENT
This Agreement contains the entire agreement between you and Wildchain regarding the use of the Services.
24. SEVERABILITY; WAIVER
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not the validity and enforceability of the remaining provisions. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Wildchain’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Wildchain’s ability to enforce such term at any point in the future.
25. EQUITABLE REMEDIES
You agree that Wildchain would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Wildchain shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach this Agreement; and that the awarding of equitable relief to Wildchain will not limit its ability to receive remedies that are otherwise available to Wildchain under applicable laws.
26. FORCE MAJEURE
Wildchain will not be liable for failing to perform under this Agreement by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider to Wildchain to perform, fire, terrorism, natural disaster, or war.
27. GENERAL PROVISIONS
You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations. We reserve the right to assign this Terms of Service in whole or in part at any time without your consent. In the event that Wildchain is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control, in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws, or equitably principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used. Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Wildchain, nor does it authorise you to incur any costs or liabilities on Wildchain’s behalf. These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Wildchain’s affiliates and subsidiaries (and each of Wildchain’s and its affiliates’ and subsidiaries’ respective successors and assigns). The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. If you have any questions or comments about Wildchain’s Terms of Service or if you believe a user of our Services is violating these Terms of Service, please contact us at pigeons@wildchain.io. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
