Terms of Service
Last updated: October 28, 2021

Welcome to WildCard Games!  This website (the “Site”) and our mobile device applications (the “Apps”) are owned and operated by WildCard Games, Inc. our controlled affiliates and subsidiaries, including WildCard Classics Inc.(“WildCard,” “we,” “us” or “our”).  References to our “services” in these terms include our websites (including, but not limited to, wildcardstudios.com), apps, and other services (the “Services”). Through the Site and Apps, WildCard provides games which can be accessed by any individual who downloads one of our Apps (a “Visitor”), and gaming accounts can be saved and re-visited by Visitors who register via Facebook or Apple login (“Registered Users”). All users of our Site or Apps, including Registered Users and Visitors, are collectively referred to as “users,” “you” or “your.” 

IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER AS DETAILED BELOW IN SECTION 15. 

1.         Acceptance of Terms  

These Terms govern your access to and use of the Services and constitute a legal agreement between you and WildCard. By using our Services, you (i) represent and warrant that you have the right, authority, and capacity to enter into these Terms; and (ii) agree to be bound by these Terms (including our Privacy Policy) and all applicable laws and regulations.  IF YOU DO NOT AGREE OR ARE UNABLE TO AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OUR SERVICES.

WildCard reserves the right to revise these Terms at our sole discretion at any time.  The most current version of the Terms may be found at https://wildcardmobile.com/terms-of-service/.  For any material changes to the Terms, we will take reasonable steps to notify you of such changes.  In all cases, your continued use of the Services after posting of such changes, with or without notification, constitutes your agreement to the revised Terms. 

  1. Our Services
    The WildCard Services allow eligible users to play games on our Apps. The specific rules for each game can be found within the App itself. Such rules, scoring, controls and guidelines form part of these terms, and you agree that you shall comply with them in respect of each individual App which you choose to access and/or play. You understand and agree that:
  • WildCard has no control over the acts or omissions of any users and is not responsible for the conduct of any users or other third parties; and
  • We are not responsible for:
    • losses or harm not caused by our breach of these terms or negligence;
    • losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
    • any damage that may be caused to any device on which you access or use any of our Apps or other Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Apps or other Services;
    • any increase in loss or damage resulting from breach by you of any of these Terms; or
    • technical failures or the lack of availability of any of our Services where these are not within our reasonable control.

BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.  WILDCARD HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE WILDCARD AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “WILDCARD PARTIES”) FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSSES, HARM AND/OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE SERVICES OR YOUR USE OF THE SERVICES.  IN ADDITION, BY ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTION (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

3.         Eligibility; Accounts and Registration

For use of our Services, you agree that you are at least 13 years old and that if you are a minor in the jurisdiction in which you reside (generally under the age of 18), your legal guardian has reviewed and agrees to these terms and consents to your access and/or use our Services.

When using our Services you may choose to, and in some instances you will be required to, create an account with us. If you are eligible to become a Registered User, you will need to create an account and to provide us with certain information about yourself. Your information will be used in accordance with our Privacy Policy.

You must keep your password and account login confidential, and you are solely responsible for all activities that occur under your password or on your account. You agree to immediately notify us of any compromised or unauthorized use of your password or account. We will not be liable for any losses caused by unauthorized use of your account.

  1. Use of the Services

Subject to these Terms, we grant you permission to access and use the Services for personal, non-commercial uses only and solely to the extent appropriate for your user status.  Use of our Services does not give you ownership of any intellectual property rights in our Services.  Your use of the Services must be in accordance with all applicable laws and regulations and these Terms.  Your permission to use the Services shall automatically terminate if you violate any of these Terms.  To protect users, we reserve the right to suspend or terminate your use of any of our Services with or without notice at any time in our sole discretion, for any reason or no reason.  In the event of any suspension or termination, you agree to make no further use of the Services after such suspension or termination. 

You agree not to, and not to permit or encourage others to, do any of the following:

  • use our Services if you are under thirteen (13) years old or are suspended or terminated from using our Services;
  • permit anyone else to use your login information, password, or account;
  • attempt to gain unauthorized access to others’ accounts or to the Services;
  • defraud, defame, harass, stalk, threaten, or harm others, or otherwise violate the legal rights of others;
  • infringe the copyright, trademark, patent, publicity, moral, and/or other intellectual property rights (“IP Rights”) of WildCard or others;
  • modify, decompile, disassemble, or reverse engineer any software contained in the Services or make attempts to do so;
  • violate or circumvent any security features of the Services or make attempts to do so;
  • upload or distribute viruses, worms, Trojan horses, time bombs, spiders, or any other similar software, malware, or materials that may damage, interfere with, or overburden the Services;
  • use the Services or any information obtained from the Services to solicit, advertise to, or contact users for any purposes not specified and allowed in this Section;
  • use data mining, robots, or similar data gathering and extraction tools;
  • reproduce, duplicate, copy, sell, re-sell, or exploit any information, materials, or content obtained from the Services for any purpose;
  • use the Services or engage with other users in any manner that violates applicable laws or regulations; or
  • otherwise violate these Terms.

5.         Virtual Currency

Our Apps may include virtual currencies such as virtual coins, cash, tokens, or points (“Virtual Money“) or paid subscriptions for Virtual Money (“Subscriptions”). To benefit from or use the Virtual Money in our Apps you may first have to reach a certain level or progress to a certain point. You agree that once purchased Virtual Money and/or Subscriptions have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Money and/or Subscriptions are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money and/or Subscriptions to anyone else.

You do not own Virtual Money and/or Subscriptions but instead you purchase a limited personal revocable license to use them – any balance of Virtual Money does not reflect any stored value.

You agree that all sales by us to you of Virtual Money are final, that we will not refund any transaction once it has been made and that an active Subscription cannot be cancelled during the Subscription period. Prices for all Virtual Money and Subscriptions exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent required by law, you agree to pay any such applicable taxes and telecommunication charges in line with applicable law. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph, a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Money is successfully credited to your account on our servers.

If you do not connect your game play on a device to an account that is linked to either your social network account or an Apple account, we will not be able to restore any Virtual Money or other data associated with your App play to a different device if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way: any risk of loss of Virtual Money which you purchase from us is transferred to you upon completion of the purchase;  any risk of loss of Virtual Money that you receive from us without making a purchase is transferred to you at the time the Virtual Money is successfully credited to your account on our servers; and any risk of loss of other data associated with your App play (including, without limitation, your progress through the game, or the level or score you have reached in our Apps) is transferred to you immediately at the time such App play data is generated.

We reserve the right to control, regulate, change or remove any Virtual Money and/or Subscriptions without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.

We may revise the pricing for Virtual Money and/or Subscriptions offered through the Services at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate. We may limit the total amount of Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money from us or our authorized partners through the Services, and not in any other way.

Depending on your platform, any Virtual Money or Subscriptions purchased may be subject to your platform provider’s terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform or our customer support team before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

If we suspend or terminate your account in accordance with these terms you may lose any Virtual Money and/or active Subscriptions that you may have and we will not compensate you for this loss or make any refund to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.

6.         User Content
“User Content” is defined as any content, information, text, images, photos, videos, and/or other materials that you, as a User, post or submit to the Services or provide to another User through the Services, including, but not limited to, profile information and game scores. You agree and warrant that you will not provide any User Content that (i) is false, misleading, or deceptive; (ii) is illegal, obscene, threatening, or defamatory; (iii) is invasive of privacy, infringing of IP Rights, or otherwise injurious to third parties or objectionable; or (iv) consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You retain all intellectual property rights in, and are solely responsible for, the User Content you provide.

To the extent that you provide User Content, you grant WildCard a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-transferable, and sublicensable (through multiple tiers) license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, sell, monetize, and otherwise use the User Content. You are solely responsible for all User Content made through your user account(s) on the Services or that you otherwise make available through the Services. You represent and warrant that you own or otherwise control all of the rights to the User Content and you have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to provide the User Content to us and other users and to grant the license described above.

Please understand that WildCard has no control over the accuracy, reliability, completeness or timeliness of profiles, reviews, or other User Content, and makes no representations about any User Content.  We have the right, but not the obligation, to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

  1. Playing our Apps with Other Users
    Some of our Apps allow you to play against an opponent who WildCard selects for you. Where WildCard selects another user or opponent for you, or groups you with other users for a game mode, we may either select at random or use such criteria as we see fit in order to make these selections (for example, your past scores, your country, or the level you have reached in the App or your other gameplay activity). By accessing and/or playing our Apps you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our Apps or within our marketing.

8.         Subscriptions

Payment for a Subscription to our Services will be charged to your account at the point of purchase and for renewals will be taken within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on a monthly-basis unless you turn off auto-renew via your platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your User account and cannot be transferred between User accounts. You agree that sales by us to you of Subscriptions are final and that cancellation is not permitted during an active Subscription period.

9.         Warranty Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.  THE WILDCARD PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHER, THE WILDCARD PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE FOLLOWING: (I) THAT YOUR ACCESS TO THE SERVICES WILL BE RELIABLE, UNINTERRUPTED, OR ERROR-FREE; (II) THAT THE SERVICES WILL BE FREE OF VIRUSES AND MALWARE; (III) THAT THE INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE, TRUE, OR TIMELY; (IV) THE CONDUCT OF ANY THIRD PARTIES (INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES OR SERVICES); (V) THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE, OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION; (VI) YOUR USE OF THIRD-PARTY SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM OUR SERVICES; AND (VII) ANY USER CONTENT.

10        Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WILDCARD PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF USE, LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (II) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT OR INFORMATION; OR (III) YOUR INTERACTIONS WITH THIRD PARTIES (INCLUDING OTHER USERS OF THE SERVICES).  THE ABOVE LIMITATIONS APPLY EVEN IF THE WILDCARD PARTIES HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.

11.       Indemnification 

You agree to indemnify, defend, and hold harmless the WildCard Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party arising out of or related to: (i) your use or misuse of, or inability to, use the Services; (ii) your breach of any of these Terms; (iii) your violation of any law or rights of any third party; (iv) your interactions with, conduct towards, or disputes with any other users or any third party (including operators of external site or services), or (v) any User Content provided by you, including, without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights.

12.       Links to Third-Party Sites

We may allow or provide links to third-party sites via our Apps or Site. WildCard has no control over, does not endorse, and is not responsible for, the content, products, or services provided by such linked sites. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. Third-party providers for such sites are solely responsible for their sites and related services or products, and use of any content of such sites or any products or services offered therein is at your own risk.

13.       Changes and Termination of the Services

We are constantly looking to improve our Services.  We may add, change, or remove content, functions, features, or requirements, and we may suspend or stop a Service altogether.  As stated in Section 2 above, we also reserve the right to terminate your use of any Service for any reason at any time.

14.       General  

14.1     Governing Law.  These Terms are governed by the laws of the State of Washington, without regard to its conflict of law provisions. 

14.2     Venue for Disputes Not Subject to Arbitration.  For any Disputes (as described below in Section 15) deemed not subject to binding individual arbitration, as provided in Section 15 below, you and WildCard agree to irrevocably submit to the exclusive jurisdiction of and venue of the state or federal courts located in King County in the State of Washington. 

14.3     Severability.  If any of these Terms is determined to be invalid or for any reason unenforceable, then the invalid or unenforceable term will be deemed severable, and the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.

14.4     Assignment.  WildCard may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms, or assign, transfer, or sublicense your rights, if any, in the Services.

14.5     Notice.  You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Site or Apps.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15.       Binding Individual Arbitration; No Class Actions.

PLEASE READ THIS SECTION CAREFULLY.  IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Most issues can be resolved quickly and amicably by contacting WildCard customer support at support@wildcardstudios.com. In the event a dispute can’t be resolved by customer support, this Section explains how you and WildCard agree to resolve those disputes, including (where applicable) by binding, individual arbitration. Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. Any dispute between you and WildCard is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution.

15.1     Informal Resolution.  If you have an issue that our customer support can’t resolve, prior to starting arbitration you and WildCard agree to attempt to resolve the dispute informally to help get us to a resolution and control costs for both parties. You and WildCard agree to make a good-faith effort to negotiate any dispute between us for at least 30 days (“Informal Resolution”). Those informal negotiations will start on the day you or WildCard receive a written Notice of a Dispute in accordance with these Terms.

You will send your Notice of Dispute to WildCard Games, Legal Department, ATTN: NOTICE OF DISPUTE, 1100 Bellevue Way NE, STE 8A #534, Bellevue, WA 98008, United States. Include your name, any relevant account name you use, address, how to contact you, what the problem is, and what you want WildCard to do. If WildCard has a dispute with you, WildCard will send our Notice of Dispute to your registered email address and any billing address you have provided us.

If you reside in the European Union (“EU”), You may also be entitled to submit your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court.

If the dispute isn’t resolved by Informal Resolution or small-claims court (below), you or WildCard may start an arbitration in accordance with these Terms.

15.2     Small Claims Court. Instead of using Informal Resolution, you and WildCard agree that you may sue us in small-claims court in your choice of the county where you live or King County, Washington (if you meet the requirements of small-claims court). We hope you’ll try Informal Resolution first, but you don’t have to before going to small-claims court.

15.3     Binding Individual Arbitration. THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.

You and WildCard agree that Disputes will be settled by binding individual arbitration conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) subject to the U.S. Federal Arbitration Act and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the “JAMS Rules”) as modified by these Terms.

This means that you and WildCard agree to a dispute-resolution process where we submit any Dispute to a neutral arbitrator (not a judge or jury) that makes the final decision to resolve the Dispute.  JAMS uses experienced professionals to arbitrate disputes, which helps you and WildCard resolve any disputes fairly, but more quickly and efficiently than going to court.  The arbitrator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim.

 The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act, and can enforced like any other court order or judgment.

15.3.1   Disputes We Agree to Arbitrate. You and WildCard agree to submit all Disputes between you and WildCard to individual binding arbitration. “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and WildCard that relates to your use or attempted use of WildCard’s products or services and WildCard’s products and services generally, including without limitation the validity, enforceability, or scope of this Binding Individual Arbitration Section.

You and WildCard agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory.

The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims court; (2) pursuit of enforcement actions through a government agency if the law allows; (3) a complaint or remedy under the EU General Data Protection Regulation; (4) an action to compel or uphold any prior arbitration decision; (5) WildCard’s right to seek injunctive relief against you in a court of law to preserve the status quo while an arbitration proceeds; (6) claims of piracy, creation, distribution, or promotion of Cheats, and intellectual-property infringement, and (7) the enforceability of the Class Action Waiver clause below.

You and WildCard agree that whether a dispute is subject to arbitration under these Terms will be determined by the arbitrator rather than a court.

15.3.2   Arbitration Procedure. To start an arbitration, review the JAMS Rules and follow the instructions for initiating an arbitration on the JAMS website. The party starting an arbitration must send JAMS a “Demand for Arbitration” (available on its website), pay a filing fee, and mail a copy of the Demand for Arbitration to the opposing party. You will send a copy to WildCard Games, ATTN: ARBITRATION OF DISPUTE, 1100 Bellevue Way NE, STE 8A #534, Bellevue, WA 98008, United States. WildCard will send our copy to your registered email address and any billing address you have provided us.

The arbitration will be conducted by a single JAMS arbitrator selected with substantial experience in resolving intellectual-property and commercial-contract disputes. You and WildCard both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms.

If an in-person hearing is required, the hearing will take place either in King County, Washington, or where you reside; you choose.

The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and WildCard agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

The arbitrator may only award legal or equitable remedies that are requested by you or WildCard to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence).  The arbitrator may not award relief against WildCard respecting any person other than you.

Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.

15.3.3   Arbitration Fees and Location. If you start the arbitration, you must pay the JAMS filing fee required for consumer arbitrations. In some situations, WildCard will help with your fees to (hopefully) get us to a resolution quickly and fairly: If the Dispute involves $10,000 or less, WildCard will pay all of the JAMS costs, including the fees you otherwise would have been required to pay.

If the above doesn’t apply to you, but you demonstrate that arbitration costs will be prohibitive compared to litigation costs, WildCard will pay as much of your JAMS costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation).   Even if WildCard wins the arbitration and the applicable law or the JAMS Rules allow WildCard to seek our portion of the JAMS fees from you, we won’t. The fee assistance offered above is contingent upon you bringing the arbitration claim in “good faith”. If the arbitrator finds you brought an arbitration claim against WildCard for an improper purpose, frivolously, or without a sufficient pre-claim investigation into the facts or applicable law, then the payment of all fees will be governed by the JAMS rules. JAMS costs do not include your attorneys’ fees and costs and attorneys’ fees and JAMS costs are not counted when determining how much a dispute involves. WildCard won’t seek our attorneys’ fees or expenses from you in any arbitration, even if the law or the JAMS rules entitle us to do so. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.

15.3.4   Notice and Filing. If a Dispute must be arbitrated, you or WildCard must start arbitration of the Dispute within two (2) years from when the Dispute first arose.  If applicable law requires you to bring a claim for a Dispute sooner than two years after the Dispute first arose, you must start arbitration in that earlier time period.  WildCard encourages you to tell us about a Dispute as soon as possible so we can work to resolve it. The failure to provide timely notice shall bar all claims.

15.3.5   Continuation in Effect. This Binding Individual Arbitration section survives any termination of these Terms or WildCard’s provision of services to you.

15.3.6   Future Terms Changes. Although WildCard may revise these Terms in its discretion, WildCard does not have the right to alter these Terms to arbitrate or the rules specified herein with respect to any Dispute once that Dispute arises.

15.4     Class Action Waiver. To the maximum extent permitted by applicable law, you and WildCard agree to only bring Disputes in an individual capacity and shall not: (1) seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or (2) consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to these Terms and all other actions or arbitrations.

15.5     Severability. If all or any provision of this Binding Individual Arbitration agreement is found invalid, unenforceable, or illegal, then you and WildCard agree that the provision will be severed and the rest of these Terms shall remain in effect and be construed as if any severed provision had not been included.  The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, you and WildCard agree that it will not be severable; this entire Binding Individual Arbitration section will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in these Terms.  Under no circumstances shall arbitration be conducted on a class basis without WildCard’s express consent.

15.6     30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section 15 by sending written notice of your decision to opt-out to the following address: WildCard Games, 1100 Bellevue Way NE, STE 8A #534, Bellevue, WA 98008, United States. The notice must be sent within 30 days of the earlier of your first download of the applicable App or commencing use of our Services (or if no purchase was made, then within 30 days of the earliest of the date on which you first download the applicable App or access or commence use the applicable Service); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.

16.       California Residents.  If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

17.       Reporting Infringing Content

Wildcard respect the intellectual property rights of others.  We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Act (“DMCA”) and similar other local laws that may apply.   If you are a copyright owner or an agent of a copyright owner and believe that any content on the Site or Apps infringes upon your copyrights, you may submit a request for removal or disablement of such content by following the notification procedures outlined in this Section which are consistent with the process suggested by the DMCA (see 17 U.S.C 512(c)(3) for further detail):

(i) a physical signature of the person authorized to act on behalf of the copyright owner;

(ii) a description of the copyrighted work that you claim has been infringed upon;

(iii) a description of where the material that you claim is infringing is located;

(iv) your address, telephone number, and e-mail address;

(v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You may direct copyright infringement notifications to our Copyright Agent at support@wildcardstudios.com.  You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

  1. Additional Terms for Mobile Apps

18.1     Mobile Apps. To use any WildCard App, you must have a compatible mobile device. We do not warrant that any App will be compatible with your mobile device. You may incur additional charges from your wireless provider for using an App, and you agree that you are solely responsible for any applicable charges. We may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms will apply to all updated versions of an App.

18.2     License. Subject to your compliance with these Terms, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use any software components in the Services, including the Apps, and to download and use the Apps on your mobile device in object code form, for your personal use. Except as expressly stated herein, these Terms do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Apps or other Services on third-party web sites or otherwise.

18.3     Export Regulation; Sanctions. Our Apps may be subject to U.S. export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release our Apps to, or make our Apps accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.  You may not use our Apps or Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Apps or Services.   

18.4     Additional Terms for Apple and Android Devices.  The following terms apply when you use a  obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Apps: (1) the license granted to you for our Apps is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the Apps as specified in the terms and conditions of this App license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps; (3) in the event of any failure of the Apps to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Apps, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App including, but not limited to: (i) product liability claims; (ii) any claim that our Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Apps; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this App license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this App license contained in these Terms against you as a third-party beneficiary thereof.

How to Contact Us

If you have a terms of service concern, complaint, or a question for WildCard, please contact us at support@wildcardstudios.com.

Our address is:

WildCard Games
1100 Bellevue Way NE, STE 8A #534
Bellevue, WA 98008, United States