Welcome to Wildstock™, operated by Wildstock, Inc., a California benefit corporation based in Venice, CA ("Wildstock," "we," or "our").
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. BY USING THE WEBSITE AND/OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
1. Electronic Agreement.
Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Wildstock, which may be revoked at any time, for any reason, in Wildstock’s sole discretion.
2. ACCOUNT SECURITY.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Wildstock of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Wildstock will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Wildstock account.
3. Your use of content.
You may only upload or download content or information (“Content”) to or from the Website in accordance with these terms and the Wildstock Upload Agreement (“Upload Agreement”) or Wildstock Content License Agreement (“License Agreement”). You may not use, reproduce, distribute, display or create derivative works based on any Content that appear on the Website unless you enter into a License Agreement, and you may do so only to the extent expressly permitted under the License Agreement.
No ownership of any Content is transferred and no sale of any Content is effectuated on or through the Website. Only the rights expressly licensed in the License Agreement are granted on or through the Website. We and our licensors retain all title and ownership rights in and to the Content. Such Content are covered and protected by our or our licensors’ copyright, trademark and other intellectual property rights
4. YOUR USE OF THE SERVICE.
You must not misuse the Services or the Website. The following conduct is expressly prohibited:
You may not use any Content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
You may not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
You may not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You may not offer or promote the availability of any such techniques or services to any other users of the Service.
You may not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites.
You may not, and may not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Websites.
You may not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Wildstock’s sole and absolute discretion;
any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Wildstock’s sole and absolute discretion;
any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user's use and enjoyment of the Service; or
any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
You may not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
You may not rent, sell or lease access to the Services, or any content on the Websites.
You may not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
You may not stalk, exploit, threaten, abuse or otherwise harass another user, or any Wildstock employee. If Wildstock determines that any user has threatened, stalked, harassed, or verbally abused any Wildstock employee or another Wildstock Member, Wildstock reserves the right to immediately terminate that user’s membership and suspend access to the Service.
You may not sell or transfer, or offer to sell or transfer, any Wildstock account to any third party without the prior written approval of Wildstock.
You may not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
You may not allow any other person access to your account;
You may not sell or transfer your account to another person or entity;
You may not use the Website or Services in any manner that is not permitted by this Agreement or that violates any applicable law;
You may not attempt to gain unauthorized access to any hardware or software systems or networks associated with the Website, or obtain any services or information not intentionally made available to you on or through the Website;
You may not attempt to gain unauthorized access to the account of any other person or entity, or otherwise interfere with any other person's or entity's use, of the Website; or
You may not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Website, including, without limitation, with respect to the origin or source of any Work or other material or content that you upload or any identifying information for your account.
You may not use the Website in a fraudulent manner, or otherwise in a manner for which the Website is not reasonably intended to be used. By way of example, you may not download works for the primary purpose of artificially inflating the ranking of a given contributor or for the primary purpose of artificially triggering payments to contributors. A contributor, or someone else on her behalf, may not download Content that such contributor has uploaded.
5. YOU BEAR RISKS OF UPLOAD.
Wildstock cares deeply about the security and rights of our users and Content. However, Wildstock cannot guarantee that there will be no unauthorized copying or distribution of your Content, nor will Wildstock be liable for any copying or usage of your Content not authorized by Wildstock. You hereby release and forever waive any claims you may have against Wildstock for any such unauthorized copying or usage of your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY WILDSTOCK HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
6. PRICING; CHARGES ON YOUR ACCOUNT.
You agree to pay Wildstock all charges at the prices then in effect for any download of Content by you or other persons (including your agents) (“Purchases”) using your user account, and you authorize Wildstock to charge your chosen payment provider (your "Payment Method") for the Purchases. You agree to make payment using that selected Payment Method. Wildstock reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
You must provide current, complete and accurate information for your user account. You must promptly update all information to keep your user account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date). Changes to such information can be made at account settings.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
7. MODIFICATIONS TO SERVICE.
Wildstock reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Wildstock shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. Blocking of IP Addresses.
In order to protect the integrity of the Services, Wildstock reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Websites and/or Service.
You may terminate your membership by contacting us at firstname.lastname@example.org, or by visiting your Account Details > Settings in your account. If you resign or cancel your membership to Wildstock, to help Wildstock analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation.
10. Third Party Content.
Wildstock may provide third party content on the Websites and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content” ) as a service to those interested in this information. Wildstock does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Wildstock does not create Third-Party Content, nor does Wildstock update or monitor it. Wildstock is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.
The Service may include links or references to other web sites or services solely as a convenience to Wildstock users (collectively, the “Reference Sites” ). Wildstock does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
11. Intellectual Property.
Wildstock, the Wildstock logos and any other product or service name or slogan contained in the Service are trademarks of Wildstock or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wildstock or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Wildstock may provide you from time to time.
Wildstock retains all proprietary rights in the Websites and the Services, except where otherwise noted. The Websites contain the copyrighted material, trademarks, and other proprietary information of Wildstock and its licensors. All content on Wildstock is proprietary. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Except where otherwise specified in this Agreement, all Content is copyrighted material of Wildstock or its contributors and for Wildstock Members' use only. You agree that Wildstock would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Wildstock shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
You may not use any metatags or any other hidden text utilizing "Wildstock" or any other name, trademark or product or service name of Wildstock without our prior written permission. In addition, the look and feel of the Wildstock Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Wildstock and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
The Service is owned and operated by Wildstock, Inc. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Wildstock’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
12. Copyright Policy.
Wildstock prohibits the submission or posting of any Content or information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
2220 Brenta Place #3
Venice, CA., 90291
Attention: Copyright Agent
For copyright infringement notices, your notice must meet all requirements of the Digital Millennium Copyright Act (“DMCA”)(described below). Wildstock will only remove content we host in response to DMCA notices that contain all of the following:
a statement that you have identified Content on Wildstock that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
a description of the copyright work(s) that you claim have been infringed;
a description of the Content that you claim is infringing and the Wildstock URL(s) where such Content can be located;
your full name, address and telephone number, a valid email address on which you can be contacted, and your Wildstock user name if you have one;
a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice of alleged copyright infringement pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. s. 512(c), please also include the following: ul
with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
your electronic or physical signature (which may be a scanned copy).
Wildstock will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
13. Repeat Infringer Policy.
In accordance with the DMCA and other applicable laws around the world, Wildstock has adopted a policy that it will promptly terminate without notice any user's access to the Service if that user is determined by Wildstock to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by Wildstock of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. Wildstock may also at our 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. In addition, Wildstock accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
14. Limitation of Liability.
In no event shall Wildstock be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from Wildstock or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Wildstock makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL WILDSTOCK, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF WILDSTOCK HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL WILDSTOCK HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF WILDSTOCK HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Wildstock and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Wildstock during the six months prior to notice to Wildstock of the dispute for which the remedy is sought.
15. Indemnity by You.
You agree to indemnify and hold Wildstock, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Wildstock.
16. Disclaimer of warranties.
The Services, Content, and Website are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We further disclaim any warranty that (a) the Services or Content will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services will be effective, accurate, or reliable; (c) the quality of the Services or Content will meet your expectations; or that (d) any errors or defects in the Services will be corrected.
We specifically disclaim any liability for any actions resulting from your use of any Services or Content. You may use and access the Services or Content at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service or Content.
17. Parental or guardian permission.
Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE WEBSITES AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 13 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE WILDSTOCK THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
19. Jurisdiction and Choice of Law; Dispute Resolution.
If there is any dispute arising out of the Website and/or the Service, by using the Website and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of California with the same force and effect as if such service had been made within the State of California. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of California, County of Los Angeles, or the United States District Court for the Central District of California. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of California, County of Los Angeles, or the United States District Court for the Central District of California.
21. No class actions.
You agree to only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative actions.
22. No Third Party Beneficiaries.
23. Availability Outside the U.S.
24. Entire Agreement.
This Agreement may not be assigned without Wildstock's prior written consent. Wildstock may assign this agreement, without notice or consent, to any corporate affiliate or to any successor-in-interest to the business or assets of Wildstock.
26. Severability; Waiver.
27. No Agency.
The relationship between you and us under this Agreement is that of independent contractors. For clarification purposes, the parties are not joint ventures, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner.