Wyld Notes Terms of Service
Please read these Website Terms of Service (collectively with Wyld Notes’s Privacy Policy, the “Website Terms of Service or Terms of Service”) fully and carefully before using wyldnotes.com (the “Site”) and the services, features, promotions, credits, content, applications, or products offered by Wyld Notes, LLC and its affiliates (“we”, “us”, “our” or “Wyld Notes”) (together with the Site and the Application (as defined below), the ”Services”) in the United States. If you are using the Services outside of the United States, a location-specific set of terms may apply to you instead, so please check the applicable country-specific website.
These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services and your purchase of the products.
ACCEPTANCE OF TERMS OF SERVICE
- By registering with and/or using the Services on the Site in any manner, including, but not limited to, visiting, browsing or making purchases through the Site or our mobile application (the “Application”), you agree to these Terms of Service and all other operating rules, that may be published from time to time on the Site or through the Services by us, each of which is incorporated by reference and each of which may be updated by us from time to time. If you do not accept these Terms of Service, you are not permitted to, and you must not, access or use the Services or purchase products or services from us.
- Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
- These Terms of Service apply to all users of the Services, including, without limitation, registered and unregistered users. We have a Privacy Policy that you should refer to in order to fully understand how we collect and use your information, which Privacy Policy is hereby incorporated by reference into these Terms of Service.
- ARBITRATION NOTICE AND CLASS ACTION WAIVER, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS DETAILED IN THE “DISPUTE” SECTION BELOW.
ELIGIBILITY
You represent and warrant that you are at least 18 years of age, or if you are under 18 years of age you may only use the Website with the consent of a parent or guardian. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that your use of these Services complies with all laws, rules and regulations applicable to you, and your right to access the Services is revoked where these Terms of Service, your use of the Services, or the offer, sale or provision of the Services is prohibited by or conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
REGISTRATION
To make purchases or access certain services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update your information as necessary. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.
You should never publish, distribute, or post login information for your Account. You may delete your Account, either directly or through the Deletion Request Process made to one of our employees or affiliates.
CONTENTDEFINITION
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, illustrations, videos, audio clips, artwork, interfaces, products, written posts and comments, software, scripts, graphics, interactive features and other content generated, provided or otherwise made accessible on or through the Services. While we try to make sure that all Content contained in the Services (other than any user-generated content, if applicable) is correct, it is not intended to be legal authority or advice on which reliance should be placed. Information made available through the Services is not a substitute for information from experts or professionals in the applicable area. You acknowledge that all Content accessed by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
NOTICES AND RESTRICTIONS
The Services may contain Content specifically provided by us or any contractual partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the Services. You shall not sell, license, rent or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services as contemplated by us and these Terms of Service is expressly prohibited without prior written permission from us.
Wyld Notes® and other Wyld Notes trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of Wyld Notes (collectively “Wyld Notes Marks”). Other trademarks, service marks, graphics and logos used in connection with the Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The Wyld Notes Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Wyld Notes or the applicable trademark holder.
USE LICENSE
The Content, as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Services, are owned, controlled, and licensed by Wyld Notes or its licensors, unless otherwise indicated. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services in accord with this Site and Services and any other applicable agreement entered into with Wyld Notes.
AVAILABILITY OF CONTENT
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right, but do not have any obligation, to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) remove or block any Content from the Services.
CONSENT TO BE CONTACTED,
You agree that we (and others on its behalf) may contact you at the e-mail address and/or telephone number that you provided when registering, if applicable, (and any other e-mail and/or telephone number that you provide) via Internet and/or text message (whether manually or automatically dialed) and telephone call (whether manually or automatically dialed, and whether using live, artificial, or prerecorded voices). You also agree that such communication may include, without limitation, communications about your account and order notifications, communications regarding consumer inquiries and attempts to collect debts owed to Wyld Notes. You acknowledge that message and data rates may apply to such communications. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR CONSENT TO SUCH COMMUNICATIONS IS A MATERIAL TERM OF THIS AGREEMENT, IS GIVEN AS BARGAINED-FOR CONSIDERATION, AND CANNOT BE UNILATERALLY REVOKED OR MODIFIED.
Some of our services may allow you to receive SMS, MMS, or other text message notifications from us (each, a “Text Message”). To the extent you voluntarily opt to have Text Messages from us sent directly to your mobile phone, the following terms apply:
In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us. You can opt out of receiving any further Text Messages from us by replying “STOP” to any Text Message you receive from us. We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time, and content of your messages. We may use this information to contact you and to provide the Services you request from us.
By providing us with your wireless phone number, you confirm that you want us to send you information that we think may be of interest to you to such phone number, which may include using automated dialing technology to send you Text Messages at the wireless number you provided in accord with our Privacy Policy.
USER CONTENT
Any Content that is submitted to us or to the Services by users, or otherwise added, uploaded, distributed, or posted to the Services, whether publicly or privately transmitted, including, without limitation, product reviews, survey responses and comments (“User Content”), is the sole responsibility of the person who originated such User Content. User Content also includes Content provided by users through third party services such as a user’s social media account (e.g., Facebook, Instagram, etc.) if such Content mentions, tags or otherwise interacts with Wyld Notes, the Site, the Services or any of our products or services. You represent that all User Content submitted by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations. User Content that you submit must not: (i) contain any content that infringes intellectual property rights, data protection or privacy rights of an individual; (ii) be defamatory or threatening; (iii) impersonate any person or entity; (iv) contain unauthorized advertising; or transmit or distribute any virus and/or other code that has contaminating or destructive elements. We make no representations, warranties, or guarantees with respect to any User Content that you access on or through the Services.
By submitting User Content through the Services, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), fully paid, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), edit, modify, and make derivative works from your User Content (including, without limitation, your name and likeness, photographs, and testimonials) for any purpose whatsoever, commercial, or otherwise, without compensation to you. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. For clarity, the foregoing license granted to us and our users, does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights or any other intellectual property or proprietary rights.
Any feedback, reviews, comments, suggestions or recommendations for modifications, improvements, or changes to the Services that you provide to us (“Feedback”) shall be solely owned by us (including all intellectual property rights therein and thereto). You hereby irrevocably assign to us and agree to irrevocably assign to us all your right, title and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback.
RULES OF CONDUCT
- As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all your activity in connection with the Services.
- You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate; (viii) upload any software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies.
- You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including, without limitation, any application); (ii) modify, translate or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
- We also reserve the right to access, read, preserve and disclose any information or content as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including, without limitation, the investigation of potential violations hereof; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.