Effective: 01 June 2019
Welcome to Wyld!
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.
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.
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.
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.
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
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.
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 email@example.com.