Wildxyz Terms of Service
Date of Last Revision: November 17, 2022
Acceptance of These Terms of Service
Wildxyz, Inc. (“Wildxyz,” “we,” “us,” or “our”) provides our platform and related content to you through our website(s) located at https://www.wild.xyz/ (the “Site”) and through our mobile applications and related technologies (“Mobile Apps”, and collectively, such Mobile Apps and the Site and such technologies, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service and any non-fungible tokens made available by Wildxyz (“Wildxyz NFTs”) or any Artists (“Artist NFTs,” and together with the Wildxyz NFTs, the “NFTs”) is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile Apps, Wildxyz NFTs or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site and under the “Legal — Terms of Service” section of our Mobile App. We will also notify you of any material changes, either through the Service user interface, a pop-up notice or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WILDXYZ ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
Service Description: The Service is designed to allow artists to create and exhibit artwork associated with Artist NFTs (“Artists”), and to allow users to discover and collect Artist NFTs and Wildxyz NFTs (such users, “Collectors”). Users will be given the opportunity to purchase NFTs on the Service and may receive other benefits, experiences, opportunities or perks as a result of their ownership of such NFTs (collectively, “Perks”).
NFTs: Each NFT is a non-fungible token that uses smart contracts on one or more blockchains (“Smart Contracts”). A blockchain provides an immutable ledger of all transactions that occur on that blockchain. This means that all NFTs are outside of the control of any one party, including Wildxyz, and are subject to many risks and uncertainties. Any blockchain network, your browser, or any other third party site, product, or service (including third party wallets or marketplaces) that you might access, visit, or use for the purpose of enabling you to use the Service or to purchase, list or sell NFTs (each, a “Transaction”), and that, except with respect to transferring control of a NFT to the initial purchaser through the Service (“Initial Purchaser”), Wildxyz has no responsibility with respect to any Transaction. Wildxyz will not be liable for the acts or omissions of any third parties, nor will Wildxyz be liable for any damage that you may suffer as a result of your transactions or any other interaction with any third parties. You understand that certain information (including public addresses) will be made publicly visible whenever you engage in a Transaction. Aside from transferring control of a NFT to the Initial Purchaser, Wildxyz has no control over the transfer, storage, ownership or maintenance of such NFT.
Perks: A Collector that owns a NFT may receive access to Perks as determined by Wildxyz or the Artist, as applicable, in their sole discretion. Wildxyz and the Artists do not make any representation or guarantee that any Collector will receive any Perks or achieve any particular outcome as a result of owning any NFT. Wildxyz reserves the right, at its sole discretion, to restrict, limit, or deny any Perks to any Collector, including to limit the period of time when a Perk is available, for any reason, at any time. Perks are not intended to be an endorsement of any project, artist, NFT, individual or any other thing, and Wildxyz makes no recommendation and provides no professional advice in connection with any Perks or otherwise as a result of holding or owning any NFT.
Your Wallet: In order to access and use the Service, including engaging in a Transaction, you must connect your account to your digital wallet extensions or gateways as allowed on the Service. Such digital wallets allow you to purchase, store, and engage in transactions using the supported cryptocurrency. When you link your cryptocurrency wallet, you understand and agree that you are solely responsible for maintaining the security of your wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized access to your cryptocurrency wallet by third parties could result in the loss or theft of NFTs and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). Wildxyz is not responsible for managing and maintaining the security of your cryptocurrency wallet. Wildxyz has no responsibility or liability to you for any unauthorized access to or use of your cryptocurrency wallet or if you are unable to locate your credentials. If you notice any unauthorized or suspicious activity in your cryptocurrency wallet that seems to be related to the Service, please notify us immediately.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify Wildxyz of any unauthorized use of your password or account or any other breach of security. Wildxyz will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Modifications to Service: Wildxyz reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Wildxyz will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, including in relation to any NFT.
General Practices Regarding Use and Storage: You acknowledge that Wildxyz may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Wildxyz’s or its third-party service providers’ servers on your behalf. You agree that Wildxyz has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Wildxyz reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Wildxyz reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Sales of NFTs; License Rights to Art
Initial Sales: When each NFT is sold for the first time, the agreement for sale is between Wildxyz and the Initial Purchaser. If the Initial Purchaser decides to sell a NFT (“Secondary Sale”), then Wildxyz is not a party to any agreement between the applicable buyer, seller, or facilitator of the Secondary Sale. If you or any owner of a NFT sells or transfers a NFT to another user, (a) then you, as a Collector, represent and warrant that you will notify the subsequent owner of these Terms of Service and require the subsequent owner to comply with these Terms of Service, (b) the Applicable License (as defined below) will automatically transfer to such subsequent owner, and such other owner will be deemed the “Collector” (for purposes of such NFT and the Applicable License to the underlying Art (as defined below)) and will be subject to these Terms of Service, and (c) you, as the seller or transferor of such NFT, will cease to have any further rights to such NFT or underlying Art.
By placing an order on the Site or through the Services (including by bidding in an auction), you agree that you are submitting a binding offer to purchase a NFT, you agree to pay all applicable fees associated with the Transaction, and you authorize Wildxyz to automatically charge and collect such fees from your payment instrument or wallet. If you are an Initial Purchaser, then all amounts due are to be paid to Wildxyz. If you are not the Initial Purchaser of a NFT, then amounts may be paid to the seller of such NFT.
Secondary Sales: Wildxyz reserves the right to collect a percentage of any Secondary Sale of a NFT (“Royalty”), whether on the Services, through any third-party marketplaces or otherwise, in perpetuity. The applicable Royalty will be displayed at the time of minting or sale, or through other reasonable means. If a Royalty for Secondary Sales applies, you agree to notify actual and potential buyers of the applicable NFT of such Royalty and not attempt to circumvent such Royalty. No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
Taxes: You are responsible for any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Services, Perks or NFTs (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, or sale of a NFT).
Rights to Art Underlying NFTs: Unless otherwise indicated at the time of sale on the Site, subject to your continued compliance with these Terms of Service, Wildxyz grants you, as a Collector, a worldwide, royalty-free license to use, copy, and display the digital art represented by your NFT (“Art”), solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your NFT, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their NFT to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFT, provided that the website or application cryptographically verifies each NFT owner’s rights to display the Art for their NFT to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the NFT leaves the website or application. For purposes hereof, for each NFT, “Applicable License” means the foregoing license or such other license that is indicated at the time of sale on the Site for such NFT. Upon any sale or transfer of a NFT, (a) the Applicable License will automatically transfer to the subsequent owner of such NFT, and such other owner will be deemed the “Collector” and licensee (for purposes of such NFT and the Applicable License to the underlying Art) and will be subject to these Terms of Service and (b) the seller or transferor of such NFT will cease to have any further rights to such Art with respect to such NFT.
Certain Restrictions; Release: As a Collector, you agree that you will not, and will not permit any third party to, do or attempt to do any of the foregoing without Wildxyz’s express prior written consent in each case or except as expressly permitted by the Applicable License: (i) modify, distort, mutilate, or perform any other modification to the Art which would be prejudicial to Wildxyz’s or the Artist’s honor or reputation; (ii) use the Art to advertise, market, or sell any third party product or service; (iii) use the Art in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Art in movies, videos, video games, or any other forms of media for a commercial purpose; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Art; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing your NFT or underlying Art, whether on or off of the Service; (viii) falsify, misrepresent, or conceal the authorship of the Art; or (ix) otherwise utilize any Art for your or any third party’s commercial benefit. You irrevocably release, acquit and forever discharge the Wildxyz Parties of any liability for direct or indirect copyright or trademark infringement for their use of any NFTs or underlying Art.
Conditions of Access and Use
User Conduct: You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Wildxyz, including by uploading, transmitting, posting, publishing, or displaying (hereinafter, “transmit”) via the Service or by otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Wildxyz. Wildxyz reserves the right to investigate and take appropriate legal action against anyone who, in Wildxyz’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service or any NFT or Art to:
- transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Wildxyz, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Wildxyz or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- violate any applicable local, state, national, or international law, or any regulations having the force of law, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- carry out financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism;
- obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
- circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
- engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
If you are blocked by Wildxyz from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
Competitors: No employee, independent contractor, agent, or affiliate of any company that provides a platform to permit the sale of NFTs is permitted to view, access, or use any portion of the Service without express written permission from Wildxyz. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Wildxyz or any of its affiliates, or acting on behalf of a competitor of Wildxyz in using or accessing the Service.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any portion of the Service for any commercial purposes. The Service is for your personal use.
Unclaimed Property: If Wildxyz, Inc. is holding funds or NFTs in your account and has no record of your use of the Service for several years, we may be required, upon passage of applicable time periods, to report these funds as unclaimed property in accordance with the abandoned property and escheat laws. If this occurs, we will use reasonable efforts to give you written notice. If you fail to respond within seven business days or as required by law, we may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. We reserve the right to deduct a dormancy fee or administrative fee from such unclaimed funds, as permitted by applicable law.
General; Payment Instruments: You agree and understand that certain Transactions or components of the Service may require you to pay fees, commissions, royalties or other amounts to Wildxyz (“Fees”).
Smart Contracts. You agree and understand that certain Fees charged by Wildxyz for Transactions may be transferred, processed or initiated directly through one or more of the Smart Contracts on the blockchain network at the rate provided in the applicable Smart Contract. If you are paying such Fees in such manner, unless the Fees are separately mutually agreed upon in writing between you and Wildxyz, you will be notified of the applicable Fees via the user interface of the Service at the time of your minting of the applicable NFTs.
With respect to any Fees which are to be transferred to an Artist with respect to any Artist NFTs via Smart Contract, Wildxyz is not responsible for collecting any Fees for transactions occurring outside of the Service. As an Artist, you irrevocably release, acquit, and forever discharge Wildxyz and the other Wildxyz Parties (as defined below) and its and their officers and successors of any liability for Fees or fines related to transactions outside of the Service.
To the extent any Transactions on the Service are facilitated by Smart Contracts, the applicable blockchain network will require the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the blockchain network, and thus every Transaction occurring on the Service. The value of the Gas Fee could change, often unpredictably, and is entirely outside of the control of Wildxyz. You acknowledge that under no circumstances will a contract, agreement, offer, sale, or other Transaction on the Service be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable.
Taxes: You are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority and associated with your use of the Service (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, minting, purchase, sale, or creation of any NFTs).
Refunds and Cancellations: Payments made by you hereunder are final and non-refundable, unless otherwise determined by Wildxyz in its discretion.
No Professional Advice; Transaction Risks
The information on this Site and any information provided in connection with the Services or Perks are provided for information only and do not constitute, and should not be construed as, professional advice or a recommendation to purchase, sell, trade, or otherwise transact in any digital asset including any products or services or an invitation, offer or solicitation to engage in any purchase, sale, trade, or other transaction with respect to any digital asset.
The information on this Site and any information provided in connection with the Service or Perks are provided solely on the basis that you will make your own transaction decisions, and Wildxyz does not take account of any person’s financial or other objectives, particular needs, or financial situation. In addition, nothing on this Site or any information provided in connection with the Service or Perks shall, or is intended to, constitute financial, legal, accounting or tax advice. It is strongly recommended that you seek professional advice before making any transaction decision. Any decision that you make should be based on an assessment of your risks in consultation with your professional adviser(s).
The digital assets about which information is provided on the Site and any information provided in connection with the Service or Perks are not viewed by the issuer or sponsor of any such digital assets, or those buying or selling the digital asset, as securities under U.S. laws or relevant applicable laws. As a result it is unlikely that fulsome disclosures from the issuer or sponsor, or any executive officer associated with the digital asset or related protocol have been provided, and others may have better or more information than the information made available to you via the Site, or any information provided in connection with the Service or Perks or to which you may independently have access.
There are risks associated with purchasing and holding digital assets. Loss of the full amount of the purchase price is possible. Volatility is highly likely, and some of the protocols and platforms may fail entirely due to forking, flaws in the code, hacking or other malicious attacks.
THESE TERMS DO NOT REPRESENT A COMPLETE STATEMENT OF RISK FACTORS ASSOCIATED WITH THE DIGITAL ASSETS OR PRODUCTS OR SERVICES THAT MAY BE VIEWED OR TRACKED ON THIS SITE OR THAT MAY BE FEATURED OR DISCUSSED IN CONNECTION WITH THE SERVICE OR PERKS. YOU SHOULD CONSIDER THESE RISK WARNINGS CAREFULLY AND TAKE APPROPRIATE ADVICE BEFORE TAKING ANY DECISION TO PURCHASE, SELL, TRADE OR OTHERWISE TRANSACT IN A NFT OR OTHER DIGITAL ASSET.
Please note the following risks in accessing, purchasing, selling or using NFTs: The price and liquidity of blockchain assets, including NFTs, are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect NFTs, which may also be subject to significant price volatility. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of NFTs. NFTs are not legal tender and are not backed by any government. Transactions of NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some Transactions of NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the Transaction. The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, which may result in the potential for permanent and total loss of value of a particular NFT.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding NFTs, including the suitability and appropriateness of, and investment strategies for, NFTs. You agree and understand that you access and use the Services, NFTs, Art and Perks at your own risk; however, this brief statement does not disclose all of the risks associated with NFTs and other digital assets. You agree and understand that Wildxyz will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using NFTs, however caused.
Mobile Services and Software
Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Wildxyz and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Mobile App License: Subject to these Terms of Service, Wildxyz hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.
Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Wildxyz, its affiliates, and its licensors (including the Mobile Apps, the “Software”). Except as expressly permitted by Wildxyz, you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein or pursuant to a separate express license from Wildxyz are reserved by Wildxyz.
Special Notice for International Use; Export Controls: Wildxyz is headquartered in the United States. If you access or use the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Third-Party Distribution Channels: Wildxyz offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.
Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- Wildxyz and you acknowledge that these Terms of Service are concluded between Wildxyz and you only, and not with Apple Inc. (“Apple”), and that as between Wildxyz and Apple, Wildxyz, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Wildxyz’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Wildxyz and you acknowledge that Wildxyz, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Wildxyz and Apple, Wildxyz, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Wildxyz as follows:
35764 Atlantic Avenue #847
Ocean View, Delaware 19970
- You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
- Wildxyz and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Wildxyz only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Wildxyz, and not Google, is solely responsible for Wildxyz’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Wildxyz’s Google-Sourced Software.
Intellectual Property Rights
Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Wildxyz, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you transmit to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Trademarks: The Wildxyz name and logos are trademarks and service marks of Wildxyz (collectively the “Wildxyz Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Wildxyz. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Wildxyz Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Wildxyz Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will Wildxyz be liable in any way for any content or materials of any third parties (including Artists or other users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Wildxyz does not pre-screen content, but that Wildxyz and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Wildxyz and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Wildxyz, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant Wildxyz and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Wildxyz are non-confidential and Wildxyz will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that Wildxyz may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Wildxyz, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Wildxyz respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Wildxyz of your infringement claim in accordance with the procedure set forth below.
Wildxyz will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Wildxyz’s Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail at:
35764 Atlantic Avenue #847
Ocean View, Delaware 19970
To be effective, the notification must be in writing and contain the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
- identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to transmit and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the federal District of Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Wildxyz will send a copy of the counter-notice to the original complaining party informing them that Wildxyz may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Wildxyz or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Wildxyz has adopted a policy of terminating, in appropriate circumstances and at Wildxyz’s sole discretion, the accounts of users who are deemed to be repeat infringers. Wildxyz may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-Party Services and Websites
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Wildxyz, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Wildxyz Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, your use of any NFTs, your involvement in any Perks, or your violation of any rights of another. Wildxyz will provide notice to you of any such claim, suit, or proceeding. Wildxyz reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Wildxyz’s defense of such matter. You may not settle or compromise any claim against the Wildxyz Parties without Wildxyz’s written consent.
Disclaimer of Warranties
YOUR USE OF THE SERVICE, NFTS, ART, INTERACTIONS AND PERKS IS AT YOUR SOLE RISK. THE SERVICE, NFTS, ART, INTERACTIONS AND PERKS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WILDXYZ PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE WILDXYZ PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE, NFTS, ART, INTERACTIONS OR PERKS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE, NFTS, ART, INTERACTIONS OR PERKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, NFTS, ART, INTERACTIONS OR PERKS WILL BE ACCURATE, SATISFACTORY OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
THE WILDXYZ PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICES, NFTs, ART, INTERACTIONS OR PERKS. WILDXYZ DOES NOT REPRESENT OR WARRANT THAT SERVICES CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE APPLICABLE BLOCKCHAIN NETWORK. WE DO NOT GUARANTEE THAT WILDXYZ CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT THE WILDXYZ PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE WILDXYZ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE, NFTS, ART, INTERACTIONS OR PERKS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE, NFTS, ART, INTERACTIONS OR PERKS. IN NO EVENT WILL THE WILDXYZ PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Wildxyz, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, NFTs, Art, Perks, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Wildxyz are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WILDXYZ AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WILDXYZ AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
- Pre-Arbitration Dispute Resolution
Wildxyz is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Wildxyz should be sent to 35764 Atlantic Avenue #847; Ocean View, Delaware 19970 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Wildxyz and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Wildxyz may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Wildxyz or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Wildxyz is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Wildxyz and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Wildxyz agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Wildxyz or you under the AAA Rules, Wildxyz and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Wildxyz will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Wildxyz will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
- Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Wildxyz agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Wildxyz written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Wildxyz, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Wildxyz believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Wildxyz may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Wildxyz may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Wildxyz will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user (including any Artist or Collector) in connection with the Service, and Wildxyz will have no liability or responsibility with respect thereto. Wildxyz reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Wildxyz governing your access and use of the Service, NFTs, Art and Perks, and supersede any prior agreements between you and Wildxyz with respect to the Service, except to the extent you enter into a separate written agreement with Wildxyz with respect thereto. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Wildxyz submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Delaware. The failure of Wildxyz to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, any NFT any Perks or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Wildxyz, but Wildxyz may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Wildxyz will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Wildxyz’s reasonable control.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at email@example.com; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Wildxyz, Inc., 35764 Atlantic Ave #847 Ocean View, DE 19970 or 866-767-6774.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
* * *
Last Updated: November 17, 2022
We provide additional information for residents of California below.
Personal Information we collect
Information you provide to us:
- Contact and account information, such as your first and last name, email address, phone number, social media handle(s), and biographical and profile information.
- Artist information. From Artists, we may collect information regarding their biography, qualifications, details about their art, and any other information they choose to provide, which will be made public on the Services.
- Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.
- Usage information, such as information about how you use the Services and interact with us, including information associated with any content you upload to the Services or otherwise submit to us, and information you provide when you use any interactive features of the Services.
- Marketing information, such as your preferences for receiving communications about our activities and publications, and details about how you engage with our communications.
Information we obtain from third parties:
- Social media information. We may maintain pages on social media platforms such as Twitter, Discord, Instagram, TikTok, and others. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Private Policy.
- Third-party login information. If you link, connect, or login to the Services with a third party service, such as Google or a cryptocurrency wallet, you direct these services to send us information associated with your account, as controlled by them or as authorized by you via your privacy settings on their services.
- Other Sources. We may obtain your Personal Information from other third parties, such as marketing partners, publicly-available sources, lead generators and data providers.
Automatic data collection. We and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Services, our communications and other online services, such as:
- Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 4G), and general location information such as city, state or geographic area.
- Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, browsing history, navigation paths between pages or screens, information about your activity on a page or screen, access times, duration of access, and whether you have opened our marketing emails or clicked links within them.
We use the following tools for automatic data collection:
- Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
- Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
- Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
How we use your Personal Information
To operate our Services:
- Provide, operate, maintain, secure and improve our Services.
- Enable Artists and Collectors to connect and interact, and browse and purchase art and NFTs.
- Enable Artists to know which Collectors have bought their art and have otherwise engaged with an Artists’ works and/or profile on our Services.
- Process transactions send notices about transactions and activity.
- Provide information about our Services.
- Communicate with you about our Services, including by sending you announcements, updates, security alerts, and support and administrative messages.
- Resolve disputes, collect fees, and troubleshoot problems.
- Understand your needs and interests, and personalize your experience with our Services and our communications.
- Respond to your requests, questions and feedback.
For research and development.
We may use your Personal Information for research and development purposes, including to analyze and improve our Services and our business. As part of these activities, we may create aggregated, de-identified, or other anonymous data from Personal Information we collect. We make Personal Information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve our Services and promote our business.
Marketing and advertising. We and our advertising partners may collect and use your Personal Information for marketing and advertising purposes, including:
- Direct marketing. We or our advertising partners may from time-to-time send you direct marketing communications as permitted by law, including, but not limited to, notifying you of special promotions, offers and events via email and in-app notifications. You may opt out of our marketing communications as described in the Opt out of marketing communications section below.
To comply with law. As we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
For compliance, fraud prevention, and safety. To: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern our Services; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
To create anonymous data. To create anonymous data from your Personal Information and other individuals whose Personal Information we collect. We make Personal Information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve our Services and to promote the Services.
Lawful Basis of Processing
Under the laws of certain countries, including the United Kingdom (“UK”) and countries in the European Economic Area (“EEA”), we are required to have a lawful reason or justification to be able to process your Personal Information (this is also called a “lawful basis”). We generally rely on the following lawful basis to process your Personal Information
- Performance of Contract. Processing your Personal Information is necessary for the purposes of our contract with you where (i) you are an artist and we process your Personal Information to allow you display your art on our platform and to allow your Collectors purchase your art and engage with you on our platform; (ii) you are a Collector of an artist or user of our Services and we process your Personal Information in connection with you purchasing and paying for items on our platform.
- Legal Obligation. We are subject to laws which apply to us generally (including by virtue of your country of location) and we will process your Personal Information as necessary to comply with our legal obligations as set out in the sections above (e.g. consumer protection laws in your territory).
- Legitimate Interests. In other cases, the processing of your Personal Information is necessary to further our legitimate business and commercial interests, provided these interests do not infringe on your fundamental rights.
How we share your Personal Information
- Service providers. We may share your Personal Information with third party companies and individuals that provide services on our behalf or help us operate our Services (such as customer support, hosting, analytics, email delivery, marketing, payment processing, and database management) and with our and professional advisors (including lawyers and accountants).
- For compliance, fraud prevention and safety. We may share your Personal Information for the compliance, fraud prevention and safety purposes described above.
How users share their Personal Information
Our goal is to allow Artists and Collectors to find each other and interact. In these interactions, users will share information with each other. We facilitate that data sharing, so when individuals use our Services, they direct us to share information about themselves. Depending on how users use the Services, they may share personal data with:
- Other users, such as between Artists and Collectors. We will share information about Collectors who have bought Artists’ work(s) with those Artists, so that Artists can know who has shown interest in buying their art and in engaging with them on the Services.
- The public, through profiles and other details that are visible to others on the platform; this information may become publicly available and can be collected, viewed and used by anyone.
International transfers of Personal Information
Wildxyz is based in the United States and so any of your Personal Information will be processed in the United States and may be collected, transferred to, stored and otherwise processed in any country where we have facilities or in which we engage service providers, in particular the United States. Please note that the US may have data protection laws less stringent than or otherwise different from the laws in effect in your country. If you are located in the United Kingdom (UK), European Economic Area (EEA) or Switzerland, and we share your Personal Information to parties in the US and any other countries not recognized as adequate for the transfer of your Personal Information, to the extent a safeguard is required under law for such transfers of your Personal Information, we have put in place Standard Contractual Clauses approved by the EU Commission (for EEA and Switzerland transfers) and the UK government approved international data transfer agreement/addendum (for UK transfers). Please contact us for further details on the safeguards in place and how to obtain a copy using the contact details below.
Retention of Personal Information
Access or update your information. Users may themselves update their personal information in their accounts, such as their name, biography, and social handles, by logging in and editing their information.
Opt out of marketing communications. You may opt out of marketing-related communications by following the opt out or unsubscribe instructions contained in the marketing communications we send you. You may continue to receive service-related and other non-marketing emails.
Online tracking opt-out. There are a number of ways to limit online tracking, which we have summarized below:
- Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
- Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
- Using privacy plug-ins or browsers. You can block our Services from setting cookies by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, DuckDuckGo, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers.
- Google analytics. We use Google Analytics to collect and summarize information about how individuals engage with the Services. For more information on Google Analytics, click here. For more information about Google’s privacy practices, click here. You can opt out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.
Platform opt outs. The following advertising partners offer opt out features that let you opt out of use of your information for interest-based advertising:
- Advertising industry opt out tools. You can also use these opt out options to limit use of your information for interest-based advertising by participating companies:
- Digital Advertising Alliance for Websites: https://optout.aboutads.info/?c=2&lang=EN
- Digital Advertising Alliance for Mobile Apps: https://youradchoices.com/appchoices
Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.
Do Not Track.
Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com
Rights of UK and EEA Residents
If you are a UK or EEA resident, under data protection laws (and in certain circumstances), you have specific rights concerning your Personal Information and can exercise any of these rights by contacting us.
You have the right to object to us processing your Personal Information where we rely on “legitimate interest” (see the “Lawful Basis of Processing” section above) as a lawful basis for processing your Personal Information or where we are processing your Personal Information for any direct marketing purposes (e.g. to send you newsletters or marketing updates).
You also have the right to:
- Request access to your Personal Information (commonly known as a “data subject access request”) and receive a copy of it, along with supplemental transparency information similar to what is provided in this notice.
- Request correction of the Personal Information that we hold about you if it is incomplete or inaccurate.
- Request erasure of your Personal Information where there is no good reason for us continuing to process it or where you have successfully exercised your right to object to our processing of your Personal Information.
- Request the restriction of processing of your Personal Information, for example, if you want us to establish its accuracy or the reason for processing it.
- Request portability of your Personal Information. If required to do so, we will provide you or another party with any Personal Information we have obtained from you, in a structured, machine readable and reusable format.
- Withdraw consent to the processing of your Personal Information at any time, where we rely on your consent as a lawful basis for processing your Personal Information. This won’t affect anything we have used your Personal Information for before you withdraw your consent.
- Not be subject to decisions based solely on automated processing (including profiling) which have a legal effect on you or a similarly significant effect on you. This is relevant where we decide to use automated systems to process your Personal Information with no real human involvement.
- Lodge a complaint about the way we handle or process your Person
Other sites, mobile applications and services
Our Services may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your Personal Information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.
We use reasonable organizational, technical and administrative measures designed to protect against unauthorized access, misuse, loss, disclosure, alteration and destruction of Personal Information we maintain. Unfortunately, data transmission over the Internet cannot be guaranteed as completely secure. Therefore, while we strive to protect your Personal Information, we cannot guarantee the security of Personal Information.
Our Services are not intended for use by children under 16 years of age. If we learn that we have collected Personal Information through the Services from a child under 13 without the consent of the child’s parent or guardian as required by law, we will delete it.
How to contact us
Please direct any questions or comments about this Policy or privacy practices to email@example.com
. You may also write to us via postal mail at:
35764 Atlantic Ave #847
Ocean View, DE 19970
Additional information for California residents
This section applies only to California residents. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA.
Your California privacy rights. The CCPA grants individuals whose information is governed by the CCPA the following rights:
- Information. You can request information about how we have collected and used your Personal Information during the past 12 months. We have made this information available to California residents without having to request it by including it in this Private Policy.
- Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
- Deletion. You can ask us to delete the Personal Information that we have collected from you.
- Opt out of sale of your Personal Information. Like many businesses, we use services that display interest-based ads to users around the web. We offer instructions on how to limit online tracking in the “Online tracking opt out” section above.
You are entitled to exercise the rights described above free from discrimination.
Please note that the CCPA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request. If we deny your request, we will communicate our decision to you.
How users in California can exercise their rights
You may exercise your California privacy rights described above as follows:
- Right to information, access and deletion. You can request to exercise your information, access and deletion rights by:
- Emailing us at firstname.lastname@example.org
- Calling us at 866-767-6774
- Opt out of sale of Personal Information: We provide instructions on how to limit sharing of online tracking information with advertising platforms in the “Online tracking opt-out” section above.
- Identity verification. We will need to confirm your identity and California residency to process your requests to exercise your information, access or deletion rights. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
- Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming that authority.