TERMS
OF USE
Effective date
The Terms were last updated on: 15 May 2019.
1. Wild RULES
Before you can use Wild, you will need to register for an
account ("Account"). In order to create an Account
you must:
1.
be at least 18 years old; and
2.
be legally permitted to use the App by the laws of your home
country.
We cannot allow you to use another person's phone number without
permission.
If you feel the need to leave Wild, you can delete your Account by
deleting the App from your device. Your Account will be deleted immediately but
it may take a little while for Your Content to be completely removed from the
App. Wild reserve the right at our sole discretion to terminate or suspend any
Account, or make use of any operational, technological, legal or other means
available to enforce the Terms (including without limitation blocking specific
IP addresses), at any time without liability and without the need to give you
prior notice.
You may not access, tamper with, or use non-public areas of the
App or our systems. Certain portions of the App may not be accessible if you
have not registered for an Account.
2. TYPES OF CONTENT
There are three types of content that you will be able to access
on the App:
1.
content that you upload and provide ("Your Content");
2.
content that members provide ("Member Content"); and
3.
content that Wild provide ("Our Content").
There
is certain content we can't allow on Wild:
We want our users to be able express themselves as much as
possible and post all sorts of things on Wild, but we have to impose
restrictions on certain content which:
·
contains language or imagery which could be deemed offensive or
is likely to harass, upset, embarrass, alarm or annoy any other person;
·
is obscene, violent or otherwise may offend human dignity;
·
is abusive, insulting or threatening, discriminatory or which
promotes or encourages racism, sexism, hatred or bigotry;
·
encourages any illegal activity including, without limitation,
terrorism, inciting racial hatred or the submission of which in itself
constitutes committing a criminal offence;
·
is defamatory or libellous;
·
relates to commercial activities (including, without limitation,
sales, competitions and advertising, links to other websites or premium line
telephone numbers);
·
involves the transmission of "junk" mail or
"spam";
·
contains any spy ware, adware, viruses, corrupt files, worm
programmes or other malicious code designed to interrupt, damage or limit the
functionality of or disrupt any software, hardware, telecommunications,
networks, servers or other equipment, Trojan horse or any other material
designed to damage, interfere with, wrongly intercept or expropriate any data
or personal information whether from Wild or otherwise;
·
itself, or the posting of which, infringes any third party's
rights (including, without limitation, intellectual property rights and privacy
rights);
·
shows another person which was created or distributed without
that person’s consent.
Wild operates a zero-tolerance policy for this kind of content.
Your Content
As Your Content is unique, you are responsible and liable for
Your Content and will indemnify, defend, release, and hold us harmless from any
claims made in connection with Your Content.
You may not display any personal contact or banking information
on your individual profile page whether in relation to you or any other person
(for example, names, home addresses or postcodes, telephone numbers, email
addresses, URLs, credit/debit card or other banking details). If you do choose
to reveal any personal information about yourself to other users, whether via
email or otherwise, it is at your own risk. We encourage you to use the same
caution in disclosing details about yourself to third parties online as you
would under any other circumstances.
As Wild is a public community, Your Content will be visible to
other users of the App all around the world instantly - so make sure you are
comfortable sharing Your Content before you post. As such, you agree that Your
Content may be viewed by other users and any person visiting, participating in
or who is sent a link to the App (e.g. individuals who receive a link to a
user’s profile or shared content from other Wild Users). By uploading Your
Content on Wild, you represent and warrant to us that you have all necessary
rights and licences to do so, and automatically grant us a non-exclusive,
royalty free, perpetual, worldwide licence to use Your Content in any way
(including, without limitation, editing, copying, modifying, adapting,
translating, reformatting, creative derivative works from, incorporating into
other works, advertising, distributing and otherwise making available to the
general publish such Content, whether in whole or in part and in any format or
medium currently known or developed in the future).
We may assign and/or sub-licence the above licence to our
affiliates and successors without any further approval by you.
We have the right to remove, edit, limit or block access to any
of Your Content at any time, and we have no obligation to display or review
Your Content.
Member Content
Other members of Wild will also share content via the App.
Member Content belongs to the user who posted the content and is stored on our
servers and displayed via the App at the direction of the user providing the
Member Content.
You do not have any rights in relation to other users' Member
Content, and you may only use other Wild users' personal information to the
extent that your use of it matches Wild’s purpose of allowing people to meet
one another. You may not use other users' information for commercial purposes,
to spam, to harass, or to make unlawful threats. We reserve the right to
terminate your Account if you misuse other users'
information.
Member Content is subject to the terms and conditions of
Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If
you have a complaint about Member Content, please see the Digital Millennium
Copyright Act section below for more information.
Our Content
Any other text, content, graphics, user interfaces, trademarks,
logos, sounds, artwork, and other intellectual property appearing on Wild are
owned, controlled or licensed by us and are protected by copyright, trademark
and other intellectual property law rights. All right, title and interest in
and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal,
non-transferable, revocable, license to access and use Our Content, without the
right to sublicense, under the following conditions:
1.
you shall not use, sell, modify, or distribute Our Content
except as permitted by the functionality of the App;
2.
you shall not use our name in metatags, keywords and/or hidden
text;
3.
you shall not create derivative works from Our Content or
commercially exploit Our Content, in whole or in part, in any way; and
4.
you shall use Our Content for lawful purposes only.
We reserve all other rights.
3. RESTRICTIONS ON THE APP
You agree to:
·
comply with all applicable laws, including without limitation,
privacy laws, intellectual property laws, anti-spam laws, equal opportunity
laws and regulatory requirements;
·
use the services in a professional manner.
You agree that you will not:
·
act in an unlawful manner including being dishonest, abusive or
discriminatory;
·
disclose information that you do not have the consent to
disclose;
·
create or operate a pyramid scheme, fraud or other similar
practice.
You can report any abuse or complain about Member Content by
contacting us, outlining the abuse and/or complaint. You can also report a user
directly from a profile or in chat by clicking the ‘X’ icon beside the member
profiles image or within chats.
Scraping or replicating any part of the App without our prior
consent is expressly prohibited. This includes by any means (automated or
otherwise) other than through our currently available, published interfaces -
unless you have been specifically allowed to do so in a separate agreement with
us.
4. THIRD PARTY STORES; PREMIUM SERVICES;
IN-APP PURCHASES
The App may be dependent on and/or interoperate with third-party
owned and/or operated platforms and services, e.g., Apple (iTunes, etc.),
Google, etc. (each, a “Third Party Platform”) and may require that you be a
registered member of such Third Party Platforms and
provide certain account credentials and other information in order to access
the App. By using the App, you agree to comply with any applicable terms,
conditions or requirements promulgated by any provider of a Third
Party Platform (e.g., iTunes Store Terms of Use, etc.).
We may make certain products and/or services available to users
of the App in consideration of a subscription fee or other fees (“Premium
Services”), including the ability to purchase products, services and
enhancements, such as the ability to extend your matches (“In-App Products”).
If you choose to use Premium Services or make In-App Products, you acknowledge
and agree that additional terms may apply to your use of, access to and
purchase of such Premium Services and In-App Products, and such additional
terms are incorporated herein by reference. You may purchase Premium Services
and In-App Products through the following payment methods (each, a “Premium
Payment Method”): (a) making a purchase through the Apple App Store ®, Google
Play or other mobile or web application platforms or storefronts authorized by
us (each, a “Third Party Store”), (b) paying with your credit card, debit card,
or PayPal account, which will be processed by a third party processor, or (c)
adding charges to your mobile carrier bill and remitting payment directly to
your carrier. Once you have requested a Premium Service or In-App Product, you
authorize us to charge your chosen Premium Payment Method and your payment is
non-refundable. If payment is not received by us from your chosen Premium
Payment Method, you agree to promptly pay all amounts due upon demand by us. If
you want to cancel or change your Premium Payment Method at any time, you can
do so either via the payment settings option under your profile or by
contacting your mobile service provider. If your chosen Premium Payment Method
is via your mobile service provider, then please check with them about their
payment terms, as their payment terms will govern how payments to Wild are made
as well as how such payments may be changed or cancelled. Your subscription to Wild’s
Premium Services will automatically renew until you decide to cancel in accordance
with such terms. In the event of a conflict between a Third
Party Store’s terms and conditions and these Terms, the terms and
conditions of the Third Party Store or service provider shall govern and
control. We are not responsible and have no liability whatsoever for goods or
services you obtain through the Third Party Store, our
third party service providers or other web sites or web pages. We encourage you
to make whatever investigation you feel necessary or appropriate before
proceeding with any online transaction with any of these third parties.
If you choose to make an In-App Purchase, you will be prompted
to enter details for your account with the Third Party Store you are using
(e.g., Android, Apple, etc.) (“your Mobile Platform Account”), and your Mobile
Platform Account will be charged for the Premium Service and/or In-App Product
in accordance with the terms disclosed to you at the time of purchase, as well
as the general terms applicable to all other in-app purchases made through your
Mobile Platform Account (e.g., Android, Apple, etc.). Premium Services and
In-App Products may include one-time purchases as well as monthly subscriptions
(e.g., a one-month subscription, three-month subscription, six-month
subscription, etc.) to additional account features. At the end of the free
trial period (if any), you will be charged the price of the subscription and
will continue to be charged until you cancel your subscription. Please note
that for Premium Services and In-App Products made on a subscription basis,
your subscription will automatically renew for the same subscription period as
you initially purchased (e.g., if you made an In-App Product for a six-month
subscription, your subscription will be automatically renewed for an additional
six-months). To avoid any charges for additional periods, you must cancel
before the end of the free trial period, subscription period or renewal, as
applicable, in accordance with the terms and conditions of your Mobile Platform
Account and the terms and conditions of any applicable Third
Party Store. The pricing may vary due to a number of factors, such as
(but not limited to) promotional offers, loyalty bonuses and other discounts
that might apply to your age group.
Please note that for Premium Services and In-App Products you
will be billed continuously for the subscription or service until you cancel in
accordance with your Mobile Platform Account’s or your Premium Payment Method’s
terms. In all cases, we are not responsible and have no liability whatsoever
for any payment processing errors (including card processing, identity
verification, analysis and regulatory compliance) or fees or other
service-related issues, including those issues that may arise from inaccurate
account information, or products or goods you obtain through your Mobile
Platform Account or Third Party Stores. Further, Wild
does not guarantee that product descriptions or other content and products will
be available, accurate, complete, reliable, current or error-free. Descriptions
and images of, and references to, products or services (including Premium
Services or In-App Products) do not imply our or any of our affiliates'
endorsement of such products or services. Moreover, Wild and its third party
operational service providers reserve the right, with or without prior notice,
for any or no reason, to change product descriptions, images, and references;
to limit the available quantity of any product; to honour, or impose conditions
on the honouring of, any coupon, coupon code, promotional code or other similar
promotions; to bar any user from conducting any or all transaction(s); and/or
to refuse to provide any user with any product. Further, if we terminate your
use of or registration to the App because you have breached these Terms, you
shall not be entitled to a refund of any unused portion of any fees, payments or
other consideration. We encourage you to review the terms and conditions of the
applicable third party payment processors, Third Party
Store or Mobile Platform Account before you make any In-App Products or Premium
Service purchases.
5. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
We may
provide you with emails, text messages, push notifications, alerts and other
messages related to the App and/or the Wild services, such as enhancements,
offers, products, events, and other promotions. After downloading the App, you
will be asked to accept or deny push notifications/alerts. If you deny, you
will not receive any push notifications/alerts. If you accept, push
notifications/alerts will be automatically sent to you. If you no longer wish
to receive push notifications/alerts from the App, you may opt out by changing
your notification settings on your mobile device. With respect to other types
of messaging or communications, such as emails, text messages, etc., you can
unsubscribe or opt out by either following the specific instructions included
in such communications, or by emailing us with your request at Wild-dating@gmail.com
.
The App
may allow access to or make available opportunities for you to view certain content
and receive other products, services and/or other materials based on your
location. To make these opportunities available to you, the App will determine
your location using one or more reference points, such as GPS, Bluetooth and/or
software within your mobile device. If you have set your mobile device to
disable GPS, Bluetooth or other location determining software or do not
authorize the App to access your location data, you will not be able to access
such location-specific content, products, services and materials.
6. DISCLAIMER
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED
TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF
EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED
WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE
WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE
WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER
CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF
THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR
INTERACTIONS WITH OTHER MEMBERS. Wild IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY
USER. Wild DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT
LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO
PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF
THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER
BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS
INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP
OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND
SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF
THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE
PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY
IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE
LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF
THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND
SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE
LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES
SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL
PURPOSE.
7. INDEMNITY
All the actions you make and information you post on Wild remain
your responsibility. Therefore, you agree to indemnify, defend, release, and
hold us, and our partners, licensors, affiliates, contractors, officers,
directors, employees, representatives and agents, harmless, from and against
any third party claims, damages (actual and/or
consequential), actions, proceedings, demands, losses, liabilities, costs and
expenses (including reasonable legal fees) suffered or reasonably incurred by
us arising as a result of, or in connection with:
1.
any negligent acts, omissions or wilful misconduct by you;
2.
your access to and use of the App;
3.
the uploading or submission of Content to the App by you;
4.
any breach of these Terms by you; and/or
5.
your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any
and all claims or causes of action which are brought against us without your
prior consent. If we ask, you will co-operate fully and reasonably as required
by us in the defence of any relevant claim.
8. DIGITAL MILLENNIUM COPYRIGHT ACT
Wild has adopted the following policy towards copyright
infringement in accordance with the Digital Millennium Copyright Act (the
"DMCA"). If you believe any Member Content or Our Content infringes
upon your intellectual property rights, please submit a notification alleging
such infringement ("DMCA Takedown Notice") including the following:
1.
A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
2.
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works;
3.
Identification of the material claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access disabled
and information reasonably sufficient to permit the service provider to locate
the material;
4.
Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and, if available, an
electronic mail;
5.
A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
6.
A statement that, under penalty of perjury, the information in
the notification is accurate and you are authorized to act on behalf of the
owner of the exclusive right that is allegedly infringed.
Any DMCA
Takedown Notices should be sent to: Wild-dating@gmail.com
9. MISCELLANEOUS
These Terms, which we may amend from time to time, constitute
the entire agreement between you and Wild. The Terms supersede all previous agreements,
representations and arrangements between us (written or oral). Nothing in this
clause shall limit or exclude any liability for fraudulent misrepresentation.
Wild has taken reasonable steps to ensure the currency,
availability, correctness and completeness of the information contained on Wild
and provides that information on an "as is", "as available"
basis. Wild does not give or make any warranty or representation of any kind
about the information contained on Wild, whether express or implied. Use of Wild
and the materials available on it is at your sole risk. Wild can not be held responsible for any loss arising from the
transmission, use of data, or inaccurate User Content.
You are responsible for taking all necessary precautions to
ensure that any material you may obtain from Wild is free of viruses or other
harmful components. You accept that Wild will not be provided uninterrupted or
error free, that defects may not be corrected or that Wild, or the server that
makes it available, are free of viruses or bugs, spyware, Trojan horse or any
similar malicious software. Wild is not responsible for any damage to your
computer hardware, computer software, or other equipment or technology
including, but without limitation damage from any security breach or from any
virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in
operation or transmission, computer line or network failure or any other
technical or other malfunction.
As Wild grows, we might have to make changes to these Terms so
we reserve the right to modify, amend or change the Terms at any time (a
"Change"). If we do this then the Changes will be posted on this page
and we will indicate the Effective Date of the updates at the bottom of the
Terms. In certain circumstances, we may send an email to you notifying you of a
Change. You should regularly check this page for notice of any Changes – we
want our users to be as informed as possible.
Your continued use of Wild following any Change constitutes your
acceptance of the Change and you will be legally bound by the new updated
Terms. If you do not accept any Changes to the Terms, you should stop using Wild
immediately.
If, for any reason, any of the Terms are declared illegal,
invalid or otherwise unenforceable by a court of a competent jurisdiction, then
to the extent that term is illegal, invalid or unenforceable, it shall be
severed and deleted from the Terms and the remainder of the Terms shall
survive, remain in full force and effect and continue to be binding and
enforceable.
No failure or delay in exercising any right, power or privilege
under the Terms shall operate as a waiver of such right or acceptance of any
variation of the Terms and nor shall any single or partial exercise by either
party of any right, power or privilege preclude any further exercise of the
right or the exercise of any other right, power or privilege.
You represent and warrant that:
1.
you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a
"terrorist supporting" country; and
2.
you are not listed on any U.S. Government list of prohibited or
restricted parties.
By using the App, you agree and acknowledge that Wild is a
global app operating through servers located in a number of countries around
the world, including the United States. If you live in a country with data
protection laws, the storage of your personal data may not provide you with the
same protections as you enjoy in your country of residence. By submitting your
personal information, or by choosing to upgrade the services you use, or by
making use of the applications available on Wild, you agree to the transfer of
your personal information to, and storage and processing of your personal
information in, any such countries and destinations.
The App may contain links to third-party websites or resources.
In such cases, you acknowledge and agree that we are not responsible or liable
for:
1.
the availability or accuracy of such websites or resources; or
2.
the content, products, or services on or available from such
websites or resources.
Links to such websites or resources do not imply any
endorsement. You acknowledge sole responsibility for and assume all risk
arising from your use of any such websites or resources. Framing, in-line
linking or other methods of association with the App are expressly prohibited
without first obtaining our prior written approval.
These Terms, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by us without
restriction.