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WildTangent Web Site Terms and Conditions of Use, and WildTangent wild Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT CAREFULLY BEFORE USING THIS Web Site.

By using this web site ("Web Site"), you signify your agreement to these Terms and Conditions of Use and Privacy Statement ("Terms and Conditions"). If you do not agree to all of these Terms and Conditions, do not use this site! WildTangent, Inc. ("WildTangent") may revise and update these Terms and Conditions at anytime. Your continued usage of the Web Site will mean you accept those changes.

WildCoins Use Agreement is located here

Related Info

1. Use of Material or Technology on the Web Site

The information, artwork, text, video, audio, media files or pictures displayed or contained on the Web Site (collectively, the "Materials") and the software, technology and products, including the WildTangent File Format and any relevant documentation downloadable or accessible from the Web Site (the "Technology") are protected by copyright, patent, trademark and other laws under both United States and foreign laws.

Unless otherwise stated, you may only access, view and use the Materials or Technology for personal or educational, non-commercial purposes. You may not use the Materials or Technology for any other purpose or reproduce or modify the Materials or Technology without WildTangent's authorization. Except as authorized by WildTangent, you may not print, copy, download, reproduce, republish, post, transmit or distribute any of the Materials or Technology. You may print only one copy of the Materials for personal or educational, non-commercial purposes, and on the copy you must include the following copyright notice: "Copyright © 1998-2006 WildTangent, Inc. All rights reserved" and any other copyright notice originally included with the Materials.

The Technology available on this Web Site may be licensed pursuant to separate license agreements, which will be presented to you prior to download or access of the Technology. All title and copyrights in and to the Technology, and any copies thereof, are owned by WildTangent and/or its suppliers. You may only access or download and use the Technology if you have agreed to, and comply with, the license agreement that is applicable to such Technology and your use of the Technology. Any unauthorized reproduction or redistribution of the Technology or Materials is expressly prohibited by law, and may result in severe civil and criminal penalties. You may not reverse engineer, disassemble, modify or decompile any Technology or Materials. Violators will be prosecuted to the maximum extent possible. COPYING OR REPRODUCTION OF THE TECHNOLOGY OR MATERIALS TO ANY OTHER Web Site OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF WILDTANGENT. You may not attempt to "pass-off" any of WildTangent's Materials or Technology as your own work. Title to the Materials and Technology remains with WildTangent or its licensors. Any use of the Materials and Technology not expressly permitted by these Terms and Conditions or a separate agreement with WildTangent is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to WildTangent and its licensors. If you violate any of these Terms and Conditions or the applicable license, your permission to use the Materials and Technology automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials or the Technology.

2. Sites Linked from the Web Site

WildTangent does not control sites linked from the Web Site. WildTangent does not endorse or assume any responsibility or liability for any communications or materials available at such linked sites, sites framed within the Web Site or third party advertisements. Additionally, WildTangent does not make any representations regarding the content or accuracy of such web sites. WildTangent does not intend links on the Web Site to be referrals or endorsements of the linked entities, and are provided for convenience only. Your use of third-party Web Sites is at your own risk and subject to the terms and conditions of use for such sites.

3. Disclaimer of Warranty and Limitation of Liability

(a) WildTangent Defined
For purposes of this section, "WildTangent" shall include WildTangent, Inc, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, its licensors and suppliers, and any third-party providers or sources of information or data.

(b) Disclaimer of Warranty
You expressly acknowledge and agree that your use of the Materials and any Technology is at your own risk. Materials and Technology are provided "AS IS", without warranties of any kind. WILDTANGENT, TO THE FULLEST EXTENT ALLOWED BY THE LAW, EXPRESSLY DISCLAIMS ANY / ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WILDTANGENT SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE MATERIALS OR TECHNOLOGY INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, DATA, BUSINESS OR ANY OTHER MATTER RESULTING FROM THE MATERIALS OR THE TECHNOLOGY, OR THE LACK OF INFORMATION IN ANY WAY RELATING TO SAME ON THE Web Site.

(c) Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WILDTANGENT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST, PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM THE ACCESS TO, USE OF, OR RELIANCE ON, THE Web Site, THE MATERIALS OR THE TECHNOLOGY WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WILDTANGENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Indemnity

You agree to defend, indemnify and hold WildTangent, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

5. General

WildTangent is based in Redmond, Washington, in the United States of America. WildTangent makes no claims that the Materials or Technology is appropriate or may be downloaded outside of the United States. Access to the Materials or Technology may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

6. Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with WildTangent, or in any way relating to your use of the Web Site, resides in the courts of the State of Washington and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Washington in connection with any such dispute including any claim involving WildTangent or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

7. U.S. Government End Users

Any Technology which is downloaded or accessed from the Web Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided to the U.S. Government as "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995) (or an equivalent provision, e.g., in supplements of various U.S. government agencies, as applicable), and all U.S. Government End Users acquire the Technology with only those rights set forth in the applicable license agreement.

8. Feedback

Any comments or materials sent to WildTangent including feedback data, such as questions, comments, suggestions, or the like regarding the Materials or the Technology, the Web Site or any other products or programs of WildTangent (collectively "Feedback"), shall be deemed to be non-confidential. WildTangent shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, WildTangent shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

WildTangent wild Terms of Use

Welcome to the terms of use for WildTangent wild. These terms are between you and WildTangent, Inc. (“WildTangent”), the entity providing the WildTangent wild service to you. Please read these terms, along with the Privacy Policy and WildCoins Use Agreement applicable to you, and all other rules and policies related to the WildTangent wild service (including, but not limited to, any rules or usage provisions specified on any product detail page or on any help or other informational page for the WildTangent wild service) (collectively, this "Agreement"). We reserve the right, in our sole discretion, to change, modify, add or remove portions of this Agreement from time to time (with or without notice). By accessing, browsing or using the Service (defined below), Web Site or App, you acknowledge that you have read, understood and agreed to be bound by this Agreement.

1. THE SERVICE

WildTangent wild (the "Service") offers digital games (collectively, "Digital Content") and other services as provided in this Agreement. There are several ways to access the Service and Digital Content, including through WildTangent.com (the “Web Site”) and the WildTangent Games App (the “App”). If you are under 18 years of age, or the age of majority in your location, you may use the Service only with the supervision and consent of a parent or legal guardian. By using the Service you represent that you either (i) are 18 years of age, or the age of majority in your location, or older, or (ii) have received consent from your parent or legal guardian to access his or her subscription to the Service.

2. COMPATIBLE DEVICES

In order to play Digital Content, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time (a "Compatible Device"). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

3. GEOGRAPHIC VARIABILITY

Due to technical and other restrictions imposed by content providers, the Service is available only in certain locations. The Digital Content (including the languages supported on a game by game basis) and how we offer Digital Content to you will vary over time and by location. WildTangent will use technologies to verify your geographic location. You may not use any technology or technique to obscure or disguise your location.

4. DIGITAL CONTENT

a. General. The Service may allow you to: (i) access Digital Content on a subscription basis for consuming during a limited period of time during a subscription period (for example, through WildTangent wild or other subscription or standalone game subscription offering) ("Subscription Digital Content"), (ii) rent Digital Content for consuming over a limited period of time ("Rental Digital Content"), (iii) purchase Digital Content for consumer over an indefinite period of time ("Purchased Digital Content"), and/or (iv) access Digital Content on a free, ad-supported or promotional basis for consuming over a limited period of time ("Free Digital Content"). Digital Content may be available as Subscription Digital Content, Rental Digital Content, Purchased Digital Content, Free Digital Content, or any combination of those, and in each case is subject to the limited license grant below.

b. Usage Rules. Your use of Digital Content is subject to the WildTangent Usage Rules (the "Usage Rules"). The Usage Rules provide important information, including the time period during which you are authorized to consume different types of Digital Content (the “Playing Period”) and limitations on the number and type of Compatible Devices on which each type of Digital Content may be downloaded, streamed, and consumed.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute Digital Content or other content available through the Services, Web Site or App. Further, you may not use any such automated means to manipulate the Services, Web Site or App, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Services, Web Site or App or any other user’s use of the Services, Web Site or App, including, without limitation, via means of overloading, “flooding,” “mailbombing” or “crashing” the Services, Web Site or App, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this Agreement. You may not frame portions of the Services, Web Site or App within another website.

c. Subscription and Subscription Digital Content; Free Trial and Free Digital Content

i. Ongoing Subscription. Your WildTangent subscription, which may start with a free trial, will continue month-to-month and automatically renew unless and until you cancel your subscription or we terminate it. You must have internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Service. We will bill the monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to your Payment Method.

ii. Differing Subscriptions. We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in this Agreement will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription with us by visiting View Account. Some promotional subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.

iii. Free Trials. We may offer free trials of the Service to allow customers to become familiar with the many benefits of the subscription plans we offer, which are all subject to this Agreement except as otherwise stated in such offer. These free trials last for 2 (two) weeks, or as otherwise specified during sign-up, and are available to new (first-time) customers only, and cannot be combined with any other offer. We reserve the right, in our sole discretion, to determine your eligibility. Free trials of the Service are non-transferable and may not be resold. We do not condone or permit the re-selling of free trials of the Service privately or on auction/marketplace websites, and we are under no obligation to honor re-sold free trials. WildTangent also does not offer and is not required to provide customer support for issues that may arise from transactions involving the resale of free trials.

iv. Billing

a. Recurring Billing for Subscription. By starting your WildTangent subscription and providing or designating a Payment Method, you authorize us to charge you a monthly subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the Service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. We are not responsible for any bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges made by us. If all Payment Methods we have on file for you are declined for payment of your subscription fee, your subscription will be cancelled unless you provide us with a new Payment Method. If you provide us with a new Payment Method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original billing date and not the date of the successful charge. You can use “View Account” settings to update your designated Payment Method(s).

b. Billing for Free Trial. We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period and your subscription will automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including monthly subscription fee and end date of your free trial period, visit View Account. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of Service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

c. Price Changes. We reserve the right to adjust pricing for the Service in any manner and at any time as we may determine in our sole and absolute discretion. Unless otherwise indicated, any price changes are effective as of the beginning of the next subscription period. If you do not agree to a subscription change, you may cancel your subscription per Section 4(g) below.

d. Billing Cycle. The subscription fee for the Service will be billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if your initial day of enrollment is on the 29th, 30th, or 31st of a month, your monthly charge may be made to your Payment Method on the 28th or 30th of the month instead, to account for months such as February (28 or 29 days) and April (30 days). Your renewal date may change due to changes in your subscription. Visit our Web Site and click on "View Account" to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of subscription or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

e. No Refunds. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We make no guarantee as to the availability of specific Subscription Digital Content or the minimum amount of Subscription Digital Content available in any subscription. Additional terms applicable to a subscription (such as the applicable cancellation and refund policy) will be indicated on the informational pages for that subscription on the primary Service website for your location, noted here.

d. Rent and Rental Digital Content

i. Rental To the extent available, you may rent Digital Content for the Playing Period. We reserve the right to limit, cancel or prohibit any rentals of Digital Content for any reason in our sole discretion, including, but not limited to, availability and geographic concerns. We make no guarantee as to the availability of specific Rental Digital Content or the minimum amount of Rental Digital Content available.

ii. Price If available for rent, the rental fee for Digital Content will be listed on the Web Site or App, and is subject to change. WildTangent reserves the right to alter any rental fee, discount or availability of any particular title at its discretion and without notice. When you place your rental order for Digital Content, you hereby authorize WildTangent to charge your Payment Method for the rental fee immediately upon your rental order.

e. Purchase and Purchased Digital Content

i. Purchase You acknowledge and agree that only the Digital Content designated by us on the Web Site or App as available for purchase will be eligible for purchase by you. All Purchased Digital Content is sold on an “as is” basis, without any warranty whatsoever. We make no guarantee as to the availability of specific Purchased Digital Content or the minimum amount of Purchased Digital Content available.

ii. Price If available for purchase, the purchase price for Digital Content will be listed on the Web Site or App, and is subject to change. WildTangent reserves the right to alter any purchase price, discount or availability of any particular title at its discretion and without notice. When you place your purchase order for Digital Content, you hereby authorize WildTangent to charge your Payment Method for the purchase price immediately upon your purchase order.

f. Payment Methods. You may edit your Payment Method information by visiting our Web Site and clicking on the "Your Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the subscription fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

g. Cancellation.

i. Cancellation of Subscription or Free Trial. You may cancel your WildTangent subscription or free trial at any time. If you are a paying subscriber, you will continue to have access to the Service through the end of your monthly billing period. If you cancel during your free trial period, you will not continue to have access to the Service once you cancel your subscription. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS OR UNACCESSED DIGITAL CONTENT. To cancel, you may (x) go to "Your Account" on our Web Site and follow the instructions for cancellation, (y) contact WildTangent customer service, or (z) use any other cancellation form we may make available to you.
For customers in the European Union, if you cancel your subscription within 14 days of receiving confirmation of your subscription or service, we will refund your full subscription fee; except that we may charge you (or withhold from your refund) the value of the Service used through your account during such period. If you cancel at any other time, we will refund your full subscription fee only if Digital Content available as part of your subscription has not been accessed through your account since your latest subscription charge.]

ii. Cancellation of Purchased Digital Content or Rental Digital Content. Subject to this Section 4(g)(ii) and Section 4(g)(iii), all purchase and rental transactions for Purchased Digital Content and Rental Digital Content are final. You may cancel an order for Digital Content within 24 hours of purchase or rental (or, for customers in the European Union, within 14 days from the date of purchase or rental) by contacting WildTangent customer service; provided, however, that you may not cancel an order for Purchased Digital Content or Rental Digital Content once you have started consuming or downloading the Digital Content.

iii. Cancellation of Pre-Ordered Digital Content. Notwithstanding the foregoing, you may cancel a pre-order for Digital Content any time before its release date. The release date of pre-ordered Digital Content is subject to change. Sometimes, the price of pre-ordered Digital Content may change. Should the price of the Digital Content change after you have placed a pre-order, we will notify you of the change and ask you to confirm if you still wish to pre-order the Digital Content. If you do not cancel your pre-order, your Payment Method will be charged. We reserve the right to cancel pre-ordered Digital Content at any time, and in the event pre-ordered Digital Content is cancelled by WildTangent, any and all charges for such pre-ordered Digital Content will be cancelled.

h. Limited License to Digital Content. Subject to payment of any charges to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, WildTangent grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Playing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use. We may automatically remove Digital Content from your Compatible Device after the end of its Playing Period.

i. Availability of Purchased Digital Content. Purchased Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions or for other reasons, and WildTangent will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming. You may download and store your own copy of Purchased Digital Content on a Compatible Device authorized for such download so that you can view that Purchased Digital Content if it becomes unavailable for further download or streaming from the Service. Some of the subscription services that we offer are from third parties. Third parties that provide subscription services (for example, through WildTangent MMOs) may change or discontinue the features or content of their services. WildTangent is not responsible for the features or content contained or omitted in any third-party subscription service.

j. Downloading and Risk of Loss. If you plan to download Digital Content that you purchase or rent, we encourage you to do so promptly after your purchase or rental. If you are unable to complete a download after having reviewed our online help resources, please contact WildTangent customer service. Once you purchase or rent Digital Content and we make the Digital Content available to you, you are responsible for completing the download, if you choose to download, and for all risk of loss of the Digital Content

k. General Restrictions. You may not (i) transfer, copy or display the Digital Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, remove, damage, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; (v) use the Service or Digital Content for any commercial or illegal purpose; (vi) modify, disassemble, decompile or reverse engineer any part of the Services or Digital Content; or (vii) delete the copyright and other proprietary rights notices on the Digital Content.

5. SOFTWARE

a. Use of the Software. We may make available software for your use in connection with the Service (“Software”). Terms contained in the Conditions of Use apply to your use of Software.

b. Information Provided to WildTangent. The Service and Software may provide WildTangent with information relating to your use and the performance of the Service and Software, as well as information regarding the devices on which you download and use the Service and Software. For example, the Software may provide WildTangent with information related to the Digital Content that you download and consume or stream and your use of that Digital Content (such as whether and when you consumed the Digital Content, which may, among other things, help us measure the Playing Period for Rental Digital Content). Any information we receive is subject to the WildTangent Privacy Notice.

6. ADDITIONAL TERMS

a. Termination. We may terminate your access to the Service, including any subscription available as part of the Service, at our discretion without notice (except as may be required by applicable law). If we do so, we will give you a pro-rated refund of your subscription fee (if any); however, if you violate any of the terms of this Agreement, your rights under this Agreement will automatically terminate without notice, and WildTangent may, in its discretion, immediately revoke your access to the Service and to Digital Content without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded. You agree that we will not be liable to you or to any third party for termination of your access to the Service as a result of your violation of this Agreement.

b. Explicit Content. By using the Service, you may encounter content that may be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Service at your sole risk, and WildTangent has no liability to you for any content. Content types, genres, categories, and descriptions are provided for convenience, and WildTangent does not guarantee their accuracy.

c. Communications. We may send you promotions or otherwise communicate with you electronically, which may include e-mail, push notification, or posts to your WildTangent Account, and you hereby consent to receive those communications. To stop receiving marketing communications from WildTangent, update your marketing communication preferences from Your Account. You agree that any notice, agreements, disclosures or other communications that we provide to you electronically satisfies any legal requirements that such communications be in writing.

d. Modification of Service. WildTangent reserves the right to modify, suspend, or discontinue the Service, or any part of the Service, at any time and without notice (except as required by applicable law), and WildTangent will not be liable to you should it exercise such rights, even if your ability to use Digital Content is impacted by the change.

e. Amendments. WildTangent reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with the Service. To the maximum extent permitted by law, your continued use of the Service or Software following any changes will constitute your acceptance of such changes. However, any increase in subscription fee will not apply until your subscription is renewed.

f. Reservation of Rights; Waiver. The Service, Software and the Digital Content embody intellectual property that is protected by law. Copyright owners of Digital Content are intended third-party beneficiaries under the Agreement. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

g. Disputes/Conditions of Use. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the governing law, disclaimer of warranties and limitation of liability, any binding arbitration, and all other terms in the WildTangent Terms of Use (noted here). You agree to those terms by using the Service. YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.

h. Limitation of Liability. Without limiting the disclaimer of warranties and limitation of liability in the WildTangent Terms of Use and WildCoins Use Agreement: (i) in no event shall our or our software licensors' total liability to you for all damages arising out of or related to your use or inability to use the Software exceed the amount of one tenth of one penny ($0.001); and (ii) in no event shall our or our Digital Content providers' total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us over the past 3 months to purchase, rent, or view the Digital Content related to your claim for damages. The limitations in this section will apply to you even if the remedies fail of their essential purpose. You agree that the provisions contained in this section will survive any termination or expiration of this Agreement and/or your account, or of discontinuation of all or any portion of the Web Site and Services.

CERTAIN JURISDICTIONS, INCLUDING JURISDICTIONS IN THE EUROPEAN UNION, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

i. Contact Information. For communications concerning this Agreement, please write to WildTangent at the applicable notice address listed here.

j. Severability. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition


Last Updated: December 1, 2017