Wildcard Terms of Use
USE OF THIS WILDCARD APPLICATION (THE "APPLICATION") CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE ("TERMS"), AS SUCH MAY BE REVISED OR AMENDED BY WILDCARD FROM TIME TO TIME, AS A BINDING AGREEMENT BETWEEN THE USER ("USER") AND WILDCARD NETWORK, INC. ("WILDCARD") GOVERNING THE USE OF THE APPLICATION.
Apple End User License Agreement; Wildcard Policies.
These Terms supplement and incorporate (a) the Apple Terms and Conditions (located here) including, without limitation, the Licensed Application End User License Agreement provided therein; and (b) Other Wildcard policies related to use of the Application posted at http://www.wildcardnetwork.com ("Wildcard Website"). If any of the provisions of Apple Terms and Conditions or the any applicable Wildcard policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.
User License.
Subject to the User’s compliance with these Terms, Wildcard grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application on an Apple iPhone or iPod Touch (each a "Device") in accordance with these General Terms ("User License"). Use of Application is limited to personal use by the User. Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or copying or distribution of text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application ("Content") is prohibited. The User License does not entitle the User to receive and does not obligate Wildcard to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application.
User Information.
Some functionality of the Application may require transmission of information provided by the User including user names and passwords, addresses, e-mail addresses, financial information (such as credit card numbers) or information related to a stored value card ("User Information"). If the User uses such Application functionality, the User consents to the transmission of User Information to Wildcard or its agents and authorizes Wildcard and its agents to record, process and store such User Information as necessary for the Application functionality.
No Warranties.
WILDCARD IS PROVIDING THE APPLICATION TO THE USER (TOGETHER WITH ALL FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO MOBILE PAYMENT FUNCTIONALITY) "AS IS" AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, WILDCARD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT DATA TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
No Liability.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL WILDCARD BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND (B) IN NO EVENT SHALL WILDCARD BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE GENERAL TERMS OR THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OR CORRUPTION OF DATA OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION.
Changes.
Wildcard reserves the right to change or modify these Terms or any other Wildcard policies related to use of the Application at any time and at its sole discretion by posting revisions on the Wildcard Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Acceptable Use.
Use of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Wildcard or Content that is not authorized by Wildcard; (d) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Wildcard or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Wildcard computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms; or (i) attempts to damage, disable, overburden, or impair Wildcard servers or networks (collectively "Acceptable Use"). Wildcard reserves the right, in its sole discretion, to terminate any User License or remove Content or assert legal action with respect to Content or use of the Application that Wildcard reasonably believes is or might be in violation of these terms of Acceptable Use, but Wildcard is not responsible for any failure or delay in taking such actions.
Marks, Application and Content.
The Wildcard logo, and other Wildcard trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Wildcard. Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of their respective owners (collectively "Marks"). The User has no right or license with respect to any Marks or use of such Marks. Wildcard, its affiliates, licensors, suppliers, and various Content owners, own the property rights to the Application and any Content offered through the Application. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Wildcard or the owner of the Content.
Indemnification.
At Wildcard request, the User agrees to defend, indemnify, and hold harmless Wildcard and other affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from the User’s use or misuse of the Application, violation of these Terms or violation of any rights of a third party. Wildcard reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
Governing Law and Jurisdiction.
These Terms are governed by the laws of the state of California , United States of America. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User consents to the exclusive jurisdiction of the federal and state courts in San Diego County, California, United States of America, for purposes of any legal action arising out of or related to the use of the Application.