Wild West - Make Games With AI

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1. Introduction. These Standard Terms and Conditions (these "Terms" or these "Standard Terms and Conditions") contained herein on this webpage and on the Privacy Policy, shall govern your use of this website (Wild West) and associated apps, including all pages within this website and all pages within any app produced by Based Apps and Games, LLC. (collectively referred to herein below as this “Service”). These Terms apply in full force and effect to your use of this Service and by using this Service, you expressly accept all terms and conditions contained herein in full. You must not use this Service, if you have any objection to any of these Service Standard Terms and Conditions. This service is only to be used by eligible users, the criteria as defined in Section 2.
2. Eligibility. When you create an account you must provide Wild West with accurate information, in good faith, and you agree to keep your information updated if it changes. By registering an account with Wild West, you represent and warrant that you are at least 13 years of age, and, if you are under 18, that you have a parent or legal guardian's consent to these Standard Terms and Conditions or are eligible to form a binding contract with Wild West. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
3. Intellectual Property Rights. Under these Terms, Wild West (“Wild West”) and Based Apps and Games, LLC and/or its licensors own all rights to the intellectual property and material contained in this Service, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Service. You may take screenshots and video of the site.
4. Your Content. “User Content” shall mean any code, audio, video, text, images or other material you choose to display on this Service. With respect to User Content, by displaying it, you grant Wild West a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
In plain English: You have ownership of all content you create, but you give Wild West the permission to use them on the platform.
- 4.1 By creating and publishing User Content on Wild West, you authorize users to access and view (without downloading or copying) your User Content on Wild West for their own lawful and personal use. You also represent, warrant and undertake that for each submission: (1) you own, have a valid license to, or otherwise control all rights in and to your User Content; (2) to the extent your User Content includes or uses any third-party property, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your User Content; and (3) you will not post any content depicting any person under 18-years old, you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older.
  In plain English: Please make sure you have the content rights of content that you use on Wild West.
- 4.2 Copyright Disputes and DMCA Takedowns. In the case that a copyright violation occurs and is hosted on the Wild Westplatform, the copyright owner should contact Wild West's agent to receive notification of infringement, at[email protected]. The format for requesting such a claim can be found at https://www.copyright.gov/dmca-directory/. Once the claim is validated, Wild West will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of the infringing activity. Wild West itself will be subject to DMCA's infringement safe harbor regulations for online service providers. Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
5. Acceptable Use. Wild West requires that all users respect and comply with the Terms below, at all times, when using this Service.
- 5.1 Certain areas of this Service are restricted from access by you and Wild West may further restrict access by you to any areas of this Service, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Service are confidential and you must maintain confidentiality of such information. You may not: (1) use Wild West other than for your own lawful and personal use in accordance with these Terms; (2) impersonate Wild West, a Wild West employee, another user, or any other person or entity or falsely state, suggest or otherwise misrepresent any affiliation, endorsement, sponsorship between you and Wild West and/or any other person or entity; (3) falsify account registration information, or make unauthorized use of another's information or content; (4) use Wild Westin any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity; (5) copy, reproduce, distribute, sell, commercialize, sublicense, modify, or create derivative works from, any portion of this Service or any content on this Service without Wild West’s express written permission; (6) use this Service in any way that is, or may be, damaging to this Service, including abusing software exploits or hacking; (7) engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Service, or while using this Service or (8) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by Wild West, may harm Wild West or users of the Service or expose them to liability.
- 5.2 You shall not create, upload, post, display, publish or distribute User Content that: (1) is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way which incites violence or violates any of the aforementioned prohibitions; (2) violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right; (3) promotes or advertises firearms or other weapons, drugs, or drug paraphernalia; (4) promotes any illegal activity, or advocates, promotes, or assists any unlawful act; (5) involves 3rd party commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; (6) gives the impression that it emanates from or is endorsed by Wild West or any other person or entity, if this is not the case; (7) solicits other users for any paid services or content that can be perceived as spam; (8) any type of malware or malicious programs, eg doxxing, extracting private information, etc.
  - 5.2.1 Harassment: We take user safety very seriously on Wild West, and we will immediately deactivate all accounts that are found to engage in harassment or abusive behavior on Wild West, such as threatening a user, doxxing, or any behavior that attempts to physically harm another user on the platform in any way.
- 5.3 You shall not use any automated program, tool or process (including without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Service or any server, network or system associated with Wild West, or to extract, collect, harvest or gather content or information from Wild West.
- 5.4 You shall not make any other use of this Service that violates these Terms or any applicable law.
6. Disclaimer; Limitations of Liability. By using this Service, you acknowledge and agree as follows:
- 7.1 YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Wild West AND BASED APPS AND GAMES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SERVICE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, OR NON-INFRINGEMENT. Wild West ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN THIS SERVICE, CONTENT ON THIS SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THIS SERVICE, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF Wild West’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SERVICE BY ANY THIRD PARTY, AND/OR (6) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THIS SERVICE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OF, OR INFORMATION PROVIDED BY (INCLUDING CONTENT), OUR USERS OR OTHER THIRD PARTIES.
- 7.2 IN NO EVENT SHALL Wild West, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN THIS SERVICE, CONTENT ON THIS SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF Wild West’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SERVICE BY ANY THIRD PARTY, AND/OR (6) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE THIS SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THESE TERMS AND/OR THIS SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO US HEREUNDER IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8. Indemnification. You hereby agree to indemnify to the fullest extent Wild West from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to any of the following: (1) your use of this Service or any of its features; (2) your breach of any of the provisions of these Terms.
9. Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
10. Variation of Terms. Wild West is permitted to revise these Terms at any time as it sees fit, and by using this Service you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Service.
11. No Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12. Assignment. Wild West shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
13. Entire Agreement. These Terms, including any legal notices and disclaimers contained on this Service, constitute the entire agreement between Wild West and you in relation to your use of this Service, and supersede all prior agreements and understandings with respect to the same.
14. Governing Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.

Wild West - Terms of Service