Wildcard works & usage
We (the folks at Wildcard) run a technology called Wildcard and we love to play our cards well, leave nothing up to chance or luck that is why we wrote this user agreement.
We would love for you to use Wildcard. Our basic service for users is free, and we offer paid upgrades for customers that want to leverage the full potential with advanced features. Our service is designed to give you as much control and ownership over what goes on on your profile as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (things like spam, viruses, hate, or serious threats of violence) appear on your profile or get linked to from your profile.
If you find Wildcard profile that you believe violates our terms of service, report the card using the designed interface and you can always send us an email for clarification and confirmation.
Wildcard's Terms of Service.
Please read this Agreement carefully before accessing or using the website/API/app. By accessing or using any part of the website/API/app, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website/API/app or use any services. If these terms and conditions are considered an offer by Wildcard, acceptance is expressly limited to these terms.
The website/API/app is not directed to children younger than 13, and service on the website/API/app is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the website/API/app. Any person who registers as a user or provides their personal information to the website/API/app represents that they are 13 years of age or older.
If you create a profile through the Twitter API, on the website/API/app, you are responsible for maintaining the security of your account, is it your Twitter account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with Wildcard. You must not describe or assign keywords to your Wildcard in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Wildcard may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Wildcard liability. You must immediately notify Wildcard of any unauthorized uses of your Wildcard, your account or any other breaches of security. Wildcard will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a Wildcard, comment on a Wildcard, post material to the website/API/app, post links on the website/API/app, or otherwise make (or allow any third party to make) material available by means of the website/API/app (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. You represent and warrant that your content does not violate these terms or the User Guidelines.
By submitting Content to Wildcard for inclusion on your website/API/app, you grant Wildcard a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your Wildcard. This license allows Wildcard to make publicly-posted content available to third parties selected by Wildcard so that these third parties can analyze and distribute your content through their services.
You also give other Wildcard users permission to share your Content on other channels and add their own Content to it, so long as they use only a portion of your post and they give you credit as the original author by linking back to you.
If you delete Content, Wildcard will use reasonable efforts to remove it from the website/API/app, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Wildcard has the right (though not the obligation) to, in Wildcard’s sole discretion (i) refuse or remove any content that, in Wildcard’s reasonable opinion, violates any Wildcard policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website/API/app to any individual or entity for any reason, in Wildcard’s sole discretion. Wildcard will have no obligation to provide a refund of any amounts previously paid.
License to Reproduce Content.
By submitting Content to us for inclusion on the website/API/app, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content, solely for the purpose of displaying, distributing and promoting the contents of your account, including through downloadable clients and external feeds.
If you delete Content, we will use reasonable efforts to remove it from the website/API/app, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
You agree to the following provisions for posting Content to the website/API/app:
1. We claim no ownership or control over any Content that you post to the website/API/app. You retain any intellectual property rights to the Content you post, in accordance with applicable law. By posting Content, you represent that you have the rights to reproduce that Content (and the right to allow us to serve such Content) without violation of the rights of any third party. You agree that you will bear any liability resulting from the posting of any Content that you do not have the rights to post.
2. All Content posted to the website/API/app in any way is the responsibility of the owner. Within the confines of international and local law, we will generally not place a restriction on the type or appropriateness of any Content. If Content is deemed illegal by any law having jurisdiction over you, you agree that we may submit any necessary information to the proper authorities.
3. We sometimes pre-screen Content. However, you acknowledge that we have the right (but not the obligation), in our sole discretion, to remove or refuse to remove any Content from the service. You also agree that we may, without limitation, take any steps necessary to remove Content from the site search engine or member directory, at our sole discretion.
4. If any Content you have submitted is reported to us as violating this Agreement, you agree that we may call upon you to change, modify, or remove that Content, within a reasonable amount of time, as defined by us. If you do not follow this directive, we may terminate your account.
Content Posted on Other website/API/apps.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the website/API/apps and webpages to which we, any user, or any provider of Content links, or that link to us. We do not have any control over those website/API/apps and webpages, and are not responsible for their contents or their use. By linking to an external website/API/app or webpage, we do not represent or imply that we endorse such website/API/app or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of external website/API/apps and webpages, whether that link is provided by us or by any provider of Content on the website/API/app.
No Resale of Services.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the website/API/app, use of the website/API/app, or access to the website/API/app.
Exposure to Content.
You agree that by using the service, you may be exposed to Content you find offensive or objectionable. If such Content is reported to us, it will be our sole discretion as to what action, if any, should be taken. The user interface offers a way to report content to us.
You agree that you will not use the website/API/app to:
- Upload, post, or otherwise transmit any Content that is harmful, threatening, abusive, hateful, invasive to the privacy and publicity rights of any person, or that violates any applicable local, state, national, or international law, including any regulation having the force of law;
- Upload, post, or otherwise transmit any Content that is spam, or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- Maliciously impersonate any real person or entity, including but not limited to a Wildcard staff member or volunteer, or to otherwise misrepresent your affiliation with any person or entity;
- Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Interfere with or disrupt the website/API/app or servers or networks connected to the website/API/app, or disobey any requirements, procedures, policies or regulations of networks connected to the website/API/app;
- Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
- Provide any material that is illegal under United States law or any law applicable to the usage of the website/app/API;
- Upload, post or otherwise transmit any Content that contains viruses, worms, malware, Trojan horses or other harmful or destructive content;
- Allow usage by others in such a way as to violate this Agreement;
- Make excessive or otherwise harmful automated use of the website/API/app;
- Access any other person's account, or exceed the scope of the website/API/app that you have signed up for; for example, accessing and using features you don't have a right to use.
If you believe that material located on the website/API/app violates your copyright, you may notify us. We will respond to all such notices as required by law, including by removing the infringing material or disabling access to the infringing material. As set forth by law, we will, in our sole discretion, terminate or deny access to the website/API/app to users of the site who have repeatedly infringed upon the copyrights or intellectual property rights of others.
Changes to these terms.
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. We will take reasonable steps to notify you of any substantial changes to this Agreement; however, it is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the website/API/app following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, offer new services and/or features through the website/API/app (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Disclaimer of Warranties.
This website/API/app is provided "as is". Wildcard and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Wildcard, nor its suppliers and licensors, makes any warranty that the website/API/app will be error free or that access to the website/API/app will be continuous or uninterrupted. You agree that any interruptions to the service will not qualify for reimbursement or compensation. You understand that you download from, or otherwise obtain content or services through, the website/API/app at your own discretion and risk.
No advice or information, whether oral or written, obtained by you in any fashion shall create any warranty not expressly stated in this Agreement.
Limitation of Liability.
You expressly understand and agree that in no event will Wildcard, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; (iv) any statements or conduct of any third party on the service; or (v) any unauthorized access to or alterations of your Content. We shall have no liability for any failure or delay due to matters beyond our reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
This Agreement constitutes the entire agreement between us and you concerning your use of the website/API/app. This Agreement may only be modified by a written amendment signed by an authorized representative of Wildcard, or by the posting of a revised version to this location. Except to the extent that applicable law (if any) provides otherwise, any dispute arising between you and Wildcard regarding these Terms of Service and/or your use or access of the website/API/app will be governed by the laws of the state of Maryland and the federal laws of the United States of America, excluding any conflict of law provisions. You agree to submit to the jurisdiction of the state and federal courts located in Baltimore City, Maryland for any disputes arising out of or relating to your use of the website/API/app or your acceptance of this Agreement.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Creative Commons: This Terms of Service document is based on one developed by Automattic (http://wordpress.com/tos/) and is licensed under a Creative Commons Attribution-ShareAlike 4.0 License.