© Wildfire FZ-LLC 2019. 
All rights reserved.

Terms of Use

 

Effective: 01 June 2019

 

Welcome to Wyld!

These are the terms and conditions (Terms of Use) governing your access to and use of the Wyld application (Application) and its related sub-domains, sites, services and tools (Platform).

 

Wildfire FZ-LLC. is your contracting partner, a free zone’s corporation established in Dubai Internet City, Dubai, U.A.E. with PO BOX 73030 (our, we, or us).

 

1. Description. Wyld is a social story spreading challenge. Share photos and videos that disappear when people stop forwarding them to others. Get creative and share stories worth spreading; the community may either Push/forward  stories to others, or Drop/discard them. How will your stories spread? (the Service). The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, Mobile Services). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services.

 

2. Acceptance of Terms. By accessing or using our Service, the Platform, or any related content, however accessed, you agree to be bound by these Terms of Use. Therefore, before you may become or continue as a member of Wyld, the Application, you must read, agree with and accept these Terms of Use and the Wyld Privacy Policy (the Privacy Policy). You should read these Terms of Use and the Privacy Policy and access and read all further linked information referred to, as such information contains further terms and conditions that apply to you as a user of the Application. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. 

 

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control in the case there is a conflict with these Terms of Use.

 

3. License Grant and Use of the Service. The Service is licensed, not sold, to you, and you may use the Service only as set forth in these Terms of Use. Wildfire FZ-LLC grants you a limited, non-exclusive, non-transferrable, revocable license to install and use Wyld, the Application on a mobile phone, tablet, or other wireless device that you own and control, and to access and use the Application strictly in accordance with these Terms of Use and any service agreement associated with your mobile device. While accessing our Platform, you use the Service at your sole risk. The use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility. You consent to the collection, use, and disclosure of your personally identifiable information in accordance with Wyld’s Privacy Policy available at (Privacy Policy). We reserve the right to refuse access to the Service to anyone for any reason at any time.

 

4. Interactions with other users. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Wildfire FZ-LLC is not responsible or liable for the conduct of any user. Wildfire FZ-LLC reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Practice your best judgment when interacting with others, including when you submit or publish Content or any personal or other information.

 

5. User Account. While you may always browse the public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Service, you must download our application and register an account with us (an Account). You are solely responsible for keeping your User Account password secret and secure.

 

6. User Content. User Content means any content that users upload, post or transmit (collectively, User Content) to or through the Service including, without limitation, any text, comments and other works subject to protection under the laws of the United Arab Emirates or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all Wildfire FZ-LLC content.

 

7. Screening User Content. Wildfire FZ-LLC offers end users the ability to submit User Content to or transmit User Content through Wyld, the Service. You agree that Wildfire FZ-LLC is not responsible for, and does not endorse, any User Content submitted published, or spread within the Service. Wildfire FZ-LLC does not pre-screen any User Content, but reserves the right to remove, disallow, block, or delete any User Content in its sole discretion. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate this Agreement or applicable law or otherwise constitute Objectionable Content (as defined below); or (ii) in response to complaints from other users or licensors of any Wildfire FZ-LLC content, with or without notice and without any liability to you. Without limiting the preceding provisions of this section, Wildfire FZ-LLC also has the right – but not the obligation – to take remedial action in connection with any Objectionable Content posted on the Service as described more fully in Section 13 below. Wildfire FZ-LLC does not guarantee the accuracy, integrity, appropriateness, availability, or quality of any User Content, and under no circumstances will Wildfire FZ-LLC be liable in any way for any User Content on Wyld, the Service.

 

8. Our right to remove any User Content. Wildfire FZ-LLC reserves the right to remove any User Content from Wyld, the Service for any reason, without prior notice. User Content removed from the Service may continue to be stored by Wildfire FZ-LLC, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Wildfire FZ-LLC will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content. You also acknowledge that the Internet may be subject to breaches of security and that, despite our best efforts, the submission of any User Content or other information may not be secure.

 

9. Expiration of User Content. You agree that when your User Content is no longer being spread by users, it expires on the Service and Platform (Expired Content). You also acknowledge that Expired Content, may no longer appear to you and other users of the Service, and may be removed from the Service.

 

10. Intellectual Property Rights. SUBJECT TO ANY THIRD-PARTY RIGHTS IN ANY PREEXISTING CONTENT INCLUDED WITHIN YOUR USER CONTENT, YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT AND SUBMITTING YOUR USER CONTENT TO THE SERVICE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS. You hereby grant Wildfire FZ-LLC an unrestricted, assignable, sub licensable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from external sites, and otherwise exploit and use (collectively, Use) all or any part of all User Content you post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting Wildfire FZ-LLC and the Service; (ii) displaying and sharing your User Content to other users of the Service; and (iii) providing the Service as authorized by these Terms of Use. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such. You further grant Wildfire FZ-LLC a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to Wildfire FZ-LLC any User Content that you consider to be confidential or proprietary. Any User Content posted by you to or through the Service or transmitted to Wildfire FZ-LLC will be considered non-confidential and non-proprietary, and treated as such by Wildfire FZ-LLC, and may be used by Wildfire FZ-LLC in accordance with this Agreement without notice to you and without any liability to Wildfire FZ-LLC.

 

11. You Must Have Rights to the Content You Post. You must not post any User Content to the Service if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to post to the Service. You represent and warrant that: (i) you own the User Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this Agreement; (ii) the posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and (iv) the posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of your posting your User Content on the Service.

 

12. Waiver of Rights to User Content. By posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Service. You agree that by submitting or publishing Content on the Service, you are in fact allowing other users of the Service to spread your Content publicly on the Service and Platform.

 

13. Objectionable Content. You are not permitted to, and agree not to, post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, or in violation of any applicable laws; or (ii) promoting any product, good, or service, or bigotry, discrimination, hatred, intolerance, racism, or inciting violence (including suicide) (collectively, the Objectionable Content). The posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in these Terms of Use may be raised as a defense against any third party claims arising from your posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes. If you encounter any Objectionable Content on the Service, then please immediately email us at contact@getwyld.app or inform us through the functionality offered on the Service. You acknowledge and agree that we provide you with the ability to report Objectionable Content as a courtesy, and we have no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, Wildfire FZ-LLC in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service, within 24 hours of being reported, including, but not limited to, warning the User, suspending or terminating the user’s account, removing any or all of the user’s User Content Posted on the Service, and/or reporting the user to law enforcement or other authorities, either directly or indirectly. 

 

14. Restrictions of use of the Service. In addition to any other restrictions set forth in these Terms of Use, and without limiting those restrictions, when using the Service, you agree not to (and not to attempt to): (i) make unauthorized copies or derivative works of any content made available on or through the Service, including, but not limited to, the Wildfire FZ-LLC Content (further defined in these Terms of Use; (ii) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service; (iii) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service; (iv) delete or alter any material we or any other person or entity posts on the Service; (v) frame or link to any of the materials or information available on the Service; (vi) alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; (vii) use any trademarks, service marks, design marks, logos, photographs, or other content or Trademark belonging to Wildfire FZ-LLC or obtained from the Service; (viii) access, tamper with, or use non-public areas of the Service, Wyld, (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Wildfire FZ-LLC’s providers; (ix) provide any false personal information to Wildfire FZ-LLC; (x) create a false identity or impersonate another person or entity in any way; (xi) create a new account with Wyld, without Wildfire FZ-LLC’s express written consent, if Wildfire FZ-LLC has previously disabled an account of yours; (xii) solicit, or attempt to solicit, personal information from other users of the Service; (xiii) restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about Users of the Service; (xiv) use the Service to send emails or other communications to persons who have requested that you not send them communications; (xv) use the Service, without Wildfire FZ-LLC’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; (xvi) gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service; (xvii) post any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service; (xviii) interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies, or procedures of those networks or servers; or (xix) violate any applicable laws or regulations or these Terms of Use. You must also not change, modify, adapt or alter the Service or change, modify or alter another application or website so as to falsely imply that it is associated with the Service Wyld, or Wildfire FZ-LLC, (xx) access Wyld’s private API by means other than those permitted by Wildfire FZ-LLC, or (xxi) use domain names or web URLs in your username without prior written consent from Wildfire FZ-LLC. You may not inject content or code or otherwise alter or interfere with the way any Wyld page is rendered or displayed in a user's browser or device, (xxii) create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper, or (xxiii) crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Wildfire FZ-LLC’s expressed consent).

 

15. Marks. Wildfire FZ-LLC trademarks, service marks, and logos (Wildfire FZ-LLC Trademarks) used and displayed on the Service are Wildfire FZ-LLC’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the Third-Party Trademarks, and, collectively with Wildfire FZ-LLC Trademarks, the Trademarks). Except as otherwise permitted by law, you may not use the Trademarks to disparage Wildfire FZ-LLC or the applicable third-party, Wildfire FZ-LLC’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from the Service without Wildfire FZ-LLC’s prior express written consent. You may not remove any Trademarks identifying the ownership or origin of any Wildfire FZ-LLC content. All goodwill generated from the use of any Wildfire FZ-LLC Trademark will inure solely to Wildfire FZ-LLC’s benefit. The Wyld name and logo are part of the Trademark of Wildfire FZ-LLC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wildfire FZ-LLC, except in accordance with our brand guidelines, available in these Terms of Use. In addition, all page headers, custom graphics, button icons and scripts are part of the Trademark of Wildfire FZ-LLC, and may not be copied, imitated or used, in whole or in part, without prior written permission from Wildfire FZ-LLC.

 

16. Eligibility. The Service, Wyld, is not for persons under the age of 13 or for any users previously suspended or removed from the Service by Wildfire FZ-LLC.

 

17. Third-Party Websites and Features. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images, or captions within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Wildfire FZ-LLC does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Wildfire FZ-LLC is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an Application) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Wildfire FZ-LLC has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Wildfire FZ-LLC parties (defined below) harmless for activity related to the Application.

 

18. Third-Party Copyrights and Intellectual Property. We respect other people's rights and expect you to do the same. If you repeatedly infringe other people's intellectual property rights, we will disable your User Account when appropriate.

 

19. Changes to these Terms of Use: You understand and agree that we may change these Terms of Use at any time without prior notice; provided that we will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of revised Terms of Use that you may be required to accept in order to continue using the Service. You may read a current, effective copy of these Terms of Use at any time by selecting the appropriate link on the Service. The revised Terms of Use will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised Terms of Use. If you find any change to our Terms of Use or the Service unacceptable, then your sole remedy is to stop accessing, browsing, and otherwise using the Service. These Terms of Use will govern any updates Wildfire FZ-LLC provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised terms of use, in which case the terms of that license or revised terms of use will govern. Notwithstanding the above, no revisions to these Terms of Use will apply to any dispute between you and Wildfire FZ-LLC that arose prior to the effective date of such revision.

 

20. Term. As between you and Wildfire FZ-LLC, these Terms of Use commence as of your first use of the Service, Wyld, and continues until the termination of these Terms of Use by either you or Wildfire FZ-LLC.

 

21. Termination. You may terminate these Terms of Use by sending written notification to Wildfire FZ-LLC at contact@getwyld.app, deleting the Application, Wyld from your mobile device, and terminating all other uses of the Service. If you wish to delete any of your User Content from the Service, then you may be able to do so using the permitted functionalities of the Platform, but the removal or deletion of such User Content will not terminate these Terms of Use. Wildfire FZ-LLC reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of these Terms of Use. Wildfire FZ-LLC may further terminate these Terms of Use for any other reason upon ten (10) days’ notice to you using the email address associated with your account credentials. Wildfire FZ-LLC reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

 

22. Jurisdictional Issues. The Service, Wyld is controlled and operated by Wildfire FZ-LLC from its offices in Dubai Internet City, Dubai, UAE. Wildfire FZ-LLC makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than the United Arab Emirates. Those who choose to access or use the Service from locations outside the United Arab Emirates do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.

 

23. No Class Actions. YOU AND WILDFIRE FZ-LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Wildfire FZ-LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

 

24. Third-Party Disputes. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE WILDFIRE FZ-LLC PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

 

25. Limitation of liability and disclaimer of warranties. under no circumstances will Wildfire FZ-LLC be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (i) the Service; (ii) the Wildfire FZ-LLC Content; (iii) User Content; (iv) your use of, inability to use, or the performance of the Service; (v) any action taken in connection with an investigation by Wildfire FZ-LLC or law enforcement authorities regarding your or any other party’s use of the Service; (vi) any connection taken in connection with copyright or other intellectual property owners; (vii) any errors or omissions in Service’s operation; or (viii) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, any 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, including, without limitation, damages for lost profits, loss of goodwill, loss if data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Wildfire FZ-LLC parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Service). In no event will Wildfire FZ-LLC be liable to you or anyone else for loss, damage or injury, including without limitation, death or personal injury.

 

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF WILDFIRE FZ-LLC’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY WILDFIRE FZ-LLC, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE WILDFIRE FZ-LLC PARTIES.

 

WILDFIRE FZ-LLC IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH

 

26. Indemnification. You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Wildfire FZ-LLC’s request), indemnify and hold Wildfire FZ-LLC harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your User Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Wildfire FZ-LLC in the defense of any claim. Wildfire FZ-LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Wildfire FZ-LLC.

 

27. Interruption of Service. Although it is Wildfire FZ-LLC’s intention for the Service to be consistently available, there will be occasions when the Service may be interrupted, including, without limitation, for maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

 

28. You may not use our Service in an unlawful manner. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content.

 

29. Dispute Resolution. In the interest of resolving disputes between you and Wildfire FZ-LLC in the most expedient and cost-effective manner, you and Wildfire FZ-LLC agree that any dispute arising out of or in any way related to this Agreement or your use of the Application will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms of Use or your use of the Platform.

 

30. Arbitration. Except for disputes relating to: (1) your or Wildfire FZ-LLC’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms, you agree that all disputes between you and Wildfire FZ-LLC (whether or not such dispute involves a third-party) with regard to your relationship with Wildfire FZ-LLC, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the DIFC-LCIA Arbitration Centre  rules for arbitration of consumer-related disputes and you and Wildfire FZ-LLC hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor Wildfire FZ-LLC will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Wildfire FZ-LLC is a party to the proceeding. This dispute resolution provision will be governed by the DIFC-LCIA laws and regulations. In the event DIFC-LCIA Arbitration Centre is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Wildfire FZ-LLC or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. This dispute resolution provision will survive the termination of any or all of your transactions with Wildfire FZ-LLC.

 

31. Governing Law & Venue. These Terms of Use are governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Wildfire FZ-LLC the courts of England and Wales will have exclusive jurisdiction.

 

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Wildfire FZ-LLC’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Wildfire FZ-LLC reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment.

 

32. Contact Us. If you would like to contact us in connection with your use of the Service, then please refer to the contact information below: by mail to Wildfire FZ-LLC at Exclusive Desk No.37, 1st Floor, Building 12, Dubai Internet City, Dubai, UAE. PO Box 73030 or by email at contact@getwyld.app.