TERMS OF SERVICE
Effective Date: October 26, 2023
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "You," or "Your") and Wild Lofts ("Company," "We," "Us," or "Our"), governing Your access to and use of the website located at wildlofts.com (the "Website") and any related services provided by Wild Lofts. By accessing or using the Website, You acknowledge that You have read, understood, and agree to be bound by these Terms. If You do not agree with any part of these Terms, You must not access or use the Website.
1.0 Acceptance of Terms
1.1. Your access to and use of the Website is conditioned upon Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website.
1.2. By continuing to use the Website, You represent and warrant that You are at least eighteen (18) years of age and have the legal capacity to enter into this agreement.
2.0 Use of the Website
2.1. Permitted Use. You are granted a limited, non-exclusive, non-transferable right to access and use the Website strictly for Your personal, non-commercial purposes, including browsing content, making inquiries related to Wild Lofts’ services, and engaging with features expressly provided for such purposes.
2.2. Prohibited Use. You agree not to engage in any of the following prohibited activities: 2.2.1. Any activity that is illegal or unlawful, or that facilitates an illegal or unlawful act. 2.2.2. Infringing upon or violating Our intellectual property rights or the intellectual property rights of others. 22.3. Uploading or transmitting viruses, worms, malware, or any other destructive code. 2.2.4. Interfering with or circumventing the security features of the Website or any related website, other websites, or the Internet. 2.2.5. Collecting or tracking the personal information of others without their consent. 2.2.6. Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping. 2.2.7. Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. 2.2.8. Impersonating any person or entity, or misrepresenting Your affiliation with a person or entity. 2.2.9. Decompiling, reverse engineering, or disassembling any software or other products or processes accessible through the Website.
3.0 Intellectual Property Rights
3.1. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Wild Lofts, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2. These Terms permit You to use the Website for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Website, except as generally and ordinarily permitted through the Website’s intended functionality.
4.0 Disclaimer of Warranties
4.1. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY WILD LOFTS ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
4.2. WILD LOFTS DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WILD LOFTS DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5.0 Limitation of Liability
5.1. IN NO EVENT SHALL WILD LOFTS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (III) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6.0 Indemnification
6.1. You agree to defend, indemnify, and hold harmless Wild Lofts, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms or Your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms.
7.0 Termination
7.1. We may terminate or suspend Your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach the Terms.
7.2. Upon termination, Your right to use the Website will immediately cease.
8.0 Governing Law
8.1. These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.
8.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
9.0 Changes to Terms
9.1. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will endeavor to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
9.2. By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website.
10.0 Contact Information
10.1. All inquiries, questions, or concerns regarding these Terms of Service should be directed to us via email at: [email protected].