Updated September 13, 2018
Please read the following terms of service carefully. By using this website, you have agreed to these terms of service. if you do not agree to be bound by these terms of service, do not proceed any further and do not use this website.
Acceptance of Terms of Service
By accessing and/or using the www.wildfyre.us site and/or any related website that may be launched or operated from time to time by Wildfyre, Inc. (collectively the “Sites”), you are legally bound by the terms and conditions, and all other policies of the Sites
(collectively, the “Terms of Service” or “Terms”) whether or not you become a Registered User of the Services.
These Terms govern your access to and use of the Service and all Content, and constitute a binding legal agreement between you and Wildfyre. THE SITES, APPS AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LANDOWNERS MAY CREATE LISTINGS FOR PROPERTIES, GUESTS TO THE SITE MAY LEARN ABOUT LISTINGS, AND MEMBERS MAY BOOK PROPERTIES DIRECTLY WITH THE LANDOWNERS. YOU UNDERSTAND AND AGREE THAT Wildfyre IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LANDOWNERS AND MEMBERS, NOR IS Wildfyre A REAL ESTATE BROKER, AGENT OR INSURER. Wildfyre HAS NO CONTROL OVER THE CONDUCT OF LANDOWNERS, MEMBERS, GUESTS AND OTHER USERS OF THE SITES, APPS AND SERVICES OR ANY PROPERTIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU CHOOSE TO CREATE A LISTING ON Wildfyre, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH Wildfyre IS LIMITED TO BEING A LANDOWNER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF Wildfyre FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF Wildfyre. If you accept or agree to these Terms on behalf of a company or other legal entity by continued use of the Service, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
TheSitesaremaintainedby Wildfyre,Inc., and its affiliates and subsidiaries (collectively,“Wildfyre,Inc.”, “Wildfyre”,“we”or“us”).We reserve the right, in our sole discretion, anytime to amend these Terms of Service at any time by posting the amended Terms to the Sites. We may or may not provide notice to you of such amended Terms, and it is your responsibility to refer back frequently to become aware of and understand the same. Your continued access of and use of the Sites after such amendments are posted will constitute your consent to such amendments. These Terms may not be amended by you.
As used in these Terms:
• “you” or “User” means both (a) the individual now registering as a user of the Sites or the existing user of the Sites now agreeing to these Terms, as the case may be, and (b) if applicable, the company or other business or governmental agency or land management entity specified by you as the User (any such entity, “Your Company”);
• “Content” means all information, data, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, advertising materials, promotional materials, contest materials, pricing information and programs made available or enabled via the Site, and may include Content provided by Wildfyre, Inc., by Users orbyotherthirdparties;
- “Listing” means an Opportunity that is offered by one User to another through the Sites;
- “Opportunity” may mean any of the following, as offered to a prospective purchaser, renter, lessee or licensee thereof: (a) land or an object, building, etc. on land, (b) an activity that may be undertaken on physical property, such as hunting or fishing, (c) services, such as guided experiences, and (d) such other activities as may be offered from time to time; and
• “Services” means all services and resources offered, made available or enabled via the Site(s) or App(s) by Wildfyre, Inc., or third party service providers featured on the Site.
You represent that you are at least 18 years of age, and also of the age of legal majority in your state or country of residence. You represent that you have legal authority to form binding contracts under applicable law on behalf of yourself or Your Company (if applicable). You agree that you will not allow others to use your account, nor will you use your account or the Sites on an outsourcing basis or on behalf of third parties. If Wildfyre, Inc. requests your reasonable assistance in connection with a claim that is made against it, you agree to provide such assistance. We will reimburse you for any reasonable out-of-pocket expenses that may be associated with such assistance (for example, photocopies and long distance charges), but we will not pay for your time. Nor, since we do not anticipate such fees will be necessary for the type of assistance we are requiring, will we pay the fees of any third party you may engage to assist you, such as legal or accounting fees
We hereby grant you a limited, revocable, non-exclusive license to access and use the Site, the Content and the Services solely for the purpose of advertising an Opportunity, searching for an Opportunity, connecting with another User for the purpose of negotiating the purchase, rental, lease or license of one or more Opportunities, using the Services and any other purposes clearly stated on the Site, all in accordance with these Terms. Any use of the Site, Content or Services that is not for one of these purposes or otherwise in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.
Registration on the Site
You will be required to register on the Site, thereby becoming a “Registered User” in order to access certain Services or Content. In order to be eligible to register, you must meet the following requirements:
• You must be a human to register. Accounts registered by “bots” or other
automated methods are not permitted.
• You are responsible for maintaining the security of your account, username and password. Wildfyre will not be liable for any loss or damage from your failure to comply with this security obligation. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Wildfyre immediately.
• All required registration information that you provide must be current, complete
and accurate and kept up to date.
• You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accessed the Sites through your account).
• You may be able to access and use the Sites by logging into your account via third party social networking sites (such as Facebook, Google+, and Twitter) (collectively, “Social Media Platforms”). You may be able to link your account with us through such Social Media Platforms (your “SMP Account”). You represent that you have the right to disclose your SMP Account login information to us through the Sites or Services, and to allow Wildfyre, Inc. to access your SMP Account. You represent and agree that Wildfyre, Inc. has the right to, and may access, make available, store and use any Content that you have provided to and stored in your SMP Account. You have the ability to disable the connection between your Wildfyre account and your SMP Account at any time.
Consent to Email and Mobile Communications
The Sites may contain Services and features that are available to certain mobile phones or devices. Your carrier’s normal rates and fees apply. If Wildfyre charges you for a mobile Service, you will first be notified and asked to accept any charges. Not all mobile Services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using Wildfyre, Inc.’s mobile Services, you agree that Wildfyre may communicate with you by electronic means to your mobile device and that certain information about your use of these Services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your
messages to a different person. If you wish to not be contacted by Email or Mobile, please notify us in writing at email@example.com. The changes will up to 48 hours to take effect.
We reserve the right to reject your User registration, to suspend or terminate your registered account, or to otherwise block, restrict, disable, suspend or terminate your access to all or part of the Sites at any time in our sole discretion, without prior notice or liability to you. If we believe your actions may cause us or other Users liability, harm,or loss, we reserve the right to notify other Users of your actions.Should you object to any action taken or not taken by us, or become dissatisfied with the Sites and related Services in any way, your only recourse is to immediately: (1) discontinue use of the Sites and Services; (2) terminate your account; and (3) notify us of termination. You may terminate these Terms and your account with us only if you do not have active transactions on the Sites and if your account is paid in full. At any such time, you may terminate these Terms and your account by notifying us in accordance with the Notices section below. In addition, your account will be deemed inactive and closed if there is no activity on your account for two years or more. In the event your account is closed or terminated it will be marked inactive in our systems, but we will not delete your User information or transaction history without first notifying you or three years from the date of termination.
Changes to the Terms of Service
Wildfyre reserves the right, in its sole discretion, to change the Terms of Service, including the various fees, at any time and without prior notice. If we change these Terms, we will provide you with notice of the change on the Sites or in the Apps. We will also update the “Last Updated” date at the top of these Terms.
Contribution to the Site
Portions or features of the Sites will allow you to contribute or otherwise provide Content to the Sites. You represent and warrant that all information given to us, posted to or otherwise made available by you on the Sites (including your name, address and other information associated with your account (collectively, “User Information”), and all information communicated to the users of the Site, is true, accurate, up-to-date and not misleading. Subject to the express limitations herein, you grant Wildfyre, Inc. and other Users an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license to use, reproduce, publicly display, publicly perform,copy,edit,modify,translate,reformat, transmit and distribute your Content, with or without having your name attached thereto, in any manner or form and for any lawful purpose. You agree that Wildfyre, Inc. shall not be liable for any damages arising out of or related to your Content. You represent and warrant that you own all right, title and interest in and to the Content that you post, or that you own or control, or have received the necessary licenses or other rights to, contribute such User Information to the Site. We have the right, in our sole discretion(but have no obligation), to monitor, edit, refuse to post, or remove any Content you post to the Site. You consent to our disclosure of your registration information or Content that you provide if and to the extent that such disclosure is required in order to comply with applicable law, regulation, legal process or governmental request.
You expressly agree that none of the Content that you contribute or otherwise provide to the Sites or in the use of the Services shall be illegal, defamatory, obscene, threatening, harassing, bullying or disparaging, and acknowledge that your violation of any these commitments will be ground for the immediate removal of your Content, and the possible cancellation of your access to the Sites and the Services, and that you shall not be entitled to any refunds or other compensation of any kind in such circumstances.
How the Service Works
Wildfyre, Inc is not an owner or operator of the listings, nor the properties reflected in the listings, and Wildfyre does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or controlpropertiesorland.Unless explicitly specified otherwise, Wildfyre’s responsibilities are limited to facilitating the availability of the Service. Wildfyre is not responsible for and disclaims any and all liability related to any and all listings or opportunities accordingly, any bookings will be made or accepted at the landowner’s and the purchaser’s own risk. We do not own or manage, nor can we contract for, any Opportunity listed on the Sites. The Sites are a venue for facilitating the purchase, rental, leasing or licensing of Opportunities between Users. We are not a party to any agreement or transaction between Users, and we do not endorse or vouch for the bona fides, trustworthiness or financial stability of any User by virtue of the fact that such User access our Sites or uses our Services to engage in any transaction. As a result, any part of an actual or potential agreement or transaction between Users, including the quality, condition, safety, or legality of the Opportunities advertised, the truth or accuracy of the Listings (including the Content thereof or any property or guest book review), the ability of a User to offer an Opportunity or to pay for one, are solely the responsibility of, and solely at the risk of, each User. You acknowledge and agree that you may be required to enter into a separate agreement and/or waiver prior to purchasing an Opportunity.
If you create a Listing, you must provide complete information for all required entries. Our Listings are made publicly available. You may not materially change any of the terms of the Opportunity (including the fee for the Opportunity) after another User has contacted you to negotiate the purchase, lease or licensing of the Opportunity. You are responsible for all Listings you post. You represent and warrant that you have the legal right to offer the Opportunity and that offering the Opportunity will not breach any agreement or understanding that you may have with any other person or entity, and that another User’s purchase, lease or licensing of the Opportunity will not violate any laws. We disclaim any responsibility or liability that may arise out of or relate to use of your property or services and encourage you to obtain, maintain and understand the limits of your appropriate insurance therefor. We further disclaim any liability for any feedback that you may receive or that may be communicated to third parties regarding the User’s or any other person’s experience in utilizing the Opportunity, and consent to the posting of photos thereof, so long as such photos comply with the requirements of these Terms. If you place a bid or contract the offer or of an Opportunity, you may not refuse to consummate the transaction on the terms stated in these Terms, any rules posted to the Sites and in the Opportunity listing, if your bid is the winning bid. All payments for Opportunities purchased on the Sites shall be remitted to the seller of such Opportunity. You agree that you will not bid on any Opportunity unless you can purchase it in accordance with all applicable legal requirements, and you agree that the use of the Opportunity will be conducted in compliance with all applicable laws. You represent and warrant that you are bidding on all Opportunities only for your own account and not for the benefit of any third party. If you negotiate for and purchase, lease or license any Opportunity, you acknowledge and agree that we have not vetted the identity of the User offering such Opportunity, his/her/its legal right to offer the Opportunity, or the Opportunity itself and the legality thereof. IT IS YOUR RESPONSIBILITYTO CONDUCT APPROPRIATE DUEDILIGENCE ONTHESE ITEMS AND ANY OTHER OPPORTUNITIES OR SERVICES AVAILABLE THROUGH THE SITE, AND TO ENGAGE ADVISORS TO ASSIST YOU AS NECESSARY. You acknowledge and agree that any remedy you may seek arising out of or relating to an action or omission of another User will be limited to claims against such a User, and that you will not seek to hold Wildfyre, Inc. liable therefor.
You agree to pay the applicable fees for using the Site, which are subject to change at any time, and you understand that ALL FEES PAID TO US ARE NON-REFUNDABLE. All payments must be made in United States dollars. Any returned check is subject to a $25.00 returned check fee. Payment terms are net 20/30 days. Inactive accounts with credit balances will be charged $25.00 per month until such time as the account has a zero balance. You may avoid these inactivity fees by logging in once each three months. We reserve the right to require ACH, a deposit, or other form of payment guarantee for accounts that are habitually past due, are past due more than 60 days, or for any other reason we deem necessary.
Credit Cards and ACH Direct Payments
We may also consolidate balances from any duplicate accounts you may have created on our Sites and bill them to your card or account. You may revoke your authorization by sending us a written request to Wildfyre, Inc. 3318 Hemlock Ave, Unit B, Austin, Texas, 78722. We may continue to bill your credit card or direct payment account for any fees for any services rendered or actions by you or by us taken prior to the receipt of your written revocation. Our billingsmay appear under the name “Wildfyre,Inc.”or“wildfyre.us.” BY USING A CREDIT CARD YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS YOU MAY HAVE. If you have any question about a charge on your credit card, contact us as described in the Notices section below. If you deliberately or inadvertently issue a chargeback to your credit card, your account will be terminated and you agree to pay a $150 processing and collection fee.
You agree that Wildfyre, Inc. bears no responsibility for the reporting, payment, collection and remittance of any sales/use tax, VAT tax, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through the Sites by any jurisdiction having taxing authority over the sale or transaction. You agree to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted on the Site, except taxes imposed on or measured by our income.
Title, Possession and Ownership of Opportunities
You acknowledge and agree that we do not take title to or possession of any Opportunity (or any land, property or real estate therein) being sold on the Sites, and we are not a principal in the transactions facilitated through the Site, nor are we your agent or an agent of any 0User. Because we are not and cannot be involved in dealings between Users of the Sites, in the event that you have a dispute with another User, you hereby release us, our directors, officers, employees and agents from and against any and all claims, demands and damages (actual and consequential, and including attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
The Sites, Wildfyre Content and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the the same may violate such laws and these Terms. Except as expressly provided herein, Wildfyre does not grant any express or implied right to use the Sites, Wildfyre Content and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Wildfyre Content or Services, any portions of the Sites, WildfyreContentorServicesortheselectionandarrangementoftheSites,Wildfyre Content or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with theSites, WildfyreContentorServices,ortootherwisetakeanyactionthatmayinfringeon the Intellectual Property Rights of Wildfyre, Inc. Your use of the Sites, Wildfyre Content and Services is expressly limited touse in accordance with the terms of theseTerms.
The trademarks, service marks, logos, URLs and domain names displayed on the Sites, including but not limited to the ”wildfyre.us” domain name, the Wildfyre logo, and other Wildfyre names and logos and all related product and service names, design marks and slogans, (collectively, the “Marks”) are the property of Wildfyre, its licensors or other third parties. You are not permitted to use the Marks without the prior written consent of Wildfyre, its licensors or such third party that may own the Marks.No trademark or servicemark
license is granted in connection with the materials contained on the Site. Access to the Sites does not authorize anyone to use any name, logo or mark in any manner. You may not use meta tags or other hidden text utilizing the Marks without the express prior written consent of Wildfyre.
Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit users from posting on the Sites any content that violates another party’s intellectual property rights. The Digital Millennium CopyrightAct of 1998(the”DMCA”)provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believethat yourworkhasbeenimproperlycopiedandpostedonthewebsite,pleaseprovide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) adescriptionof where on the Sites the material that you claim is infringing is located;(4)a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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. These requirements must be followed to give Wildfyre legally sufficient notice of infringement. Send copyright infringement complaints to:
3318 Hemlock Ave Unit B
Austin, Texas 78722
Warranties and Disclaimers
THE SITES, SERVICES AND CONTENT ARE PROVIDED BY Wildfyre, INC. “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, SECURITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Wildfyre MAKES NO WARRANTY THAT (i) THE SITES, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SITES, SERVICES OR CONTENT WILL BE ACCURATE, UNINTERRUPTED, COMPLETE, UP TO DATE, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES, SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY AND SAFETY OF THE SITES, OR OF ANY CONTENT OR OPPORTUNITIES OR SERVICES PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITES, SERVICES OR CONTENT WILL BE CORRECTED. THE SITES, AND THE CONTENT AND SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. Wildfyre MAY MAKE CHANGES TO THE SITES, CONTENT AND SERVICES, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITES, CONTENT AND SERVICES MAY BE OUT OF DATE, AND
Wildfyre MAKES NO COMMITMENT TO UPDATE THE SITE, CONTENT AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT: (i) Wildfyre DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY OPPORTUNITIES, CONTENT OR SERVICES OFFERED BY THIRD PARTIES OR OTHER USERS; (ii) Wildfyre MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY SUCH THIRD PARTIES OR OTHER USERS, THEIR OPPORTUNITIES, CONTENT OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES OR OTHER USERS ARE AT YOUR OWN RISK; AND (iv) Wildfyre SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY OPPORTUNITIES, CONTENT OR SERVICES OFFERED BY THIRD PARTIES OR OTHER USERS;. Wildfyre DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY DAMAGES, PERSONAL INJURY OR OTHER HARM THAT MAY BE CAUSED BY YOUR RELIANCE ON ANY ADVICE, SUGGESTIONS, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED ON THE SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
You agree to indemnify and hold Wildfyre, its divisions and affiliates, and their respective officers, directors, partners, employees, shareholders, members, managers, owners and agents harmless from any claim or demand, including reasonable attorneys’ and expert witness’ fees, made by any third party due to or arising out of: (i) your access to, reliance on, use, offering of, purchase or, as applicable, consumption of the Site, Opportunities, Services or Content (including any use by your employees, contractors, customers, clients or agents and all uses of your account numbers, usernames and passwords, whether or not actually or expressly authorized by you, in connection with the Sitesor any Opportunities, Services or Content); (ii) your connection to the Site, Services or Content; (iii) your violation of these Terms;(iv)your infringement of any third party’s Intellectual Property Rights when using the Site, Services or any Content or your violation of any applicable law; (v) your violation of any rights of any third party;(vi)your access to or use of Linked Sites and your connections thereto; (vii) any dealings between you and any third parties advertising or promoting via the Site, Opportunities, Services or Content;(viii) Wildfyre’s use of your User Information; and (ix)anydisputewithanotheruseroftheSite.We reserve the right,at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
Limitation of Liability
Wildfyre IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY
DAMAGE OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERFACE ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Wildfyre HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL Wildfyre’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE EXCEED THE AMOUNTS YOU HAVE PAID, OWE, HAVE BEEN PAID OR ARE OWED IN THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $100, IF NO SUCH PAYMENTS HAVE BEEN MADE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN OF THE DAMAGES SET FORTH ABOVE, SO SUCH LIMITATIONS MAY NOT APPLY TO YOU.
The Sites are controlled, operated and administered by Wildfyre, Inc., which is based within the United States. We make no representation that functions or information found ont the Sites are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Sites or export the information found on or at the Sites in violation of U.S. or other export laws and regulations. If you access the Sites from a location outside of the U.S., you are responsible for compliance with all laws applicable to you. These Terms, all matters arising from or relating to your use of the Sites, and any and all claims arising out of your relationship with the Parties shall be governed by and in accordance with the laws of the State of Texas, excluding (i) its conflicts of laws provisions, (ii) the United Nations Convention on Contracts for the International Sale of Goods, and(iii)the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended.
Dispute Resolution; Jurisdiction; Attorneys’ Fees
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE TRAVIS COUNTY, STATE OF TEXAS, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO SUCH VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE SITE. Notwithstanding the foregoing, Wildfyre, Inc. reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii)collect from you any monies due under these Terms or under an award of the court described above. You may not bring any action arising out of these Terms or your use of the Site, Content or the Services, regardless of form or the basis of the claim, more than one(1)year after the cause of action has a risen(or if multiple causes, from the date the first such cause arose). In the event that you bring an action in an improper forum or outside of the time limit in violation of this
Section, Wildfyre shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.
Except as explicitly stated otherwise, any notices you send to us shall be given by means of email to firstname.lastname@example.org or by mail to Wildfyre, Inc. 3318 Hemlock Ave, Unit B, Austin, Texas 78722, in the case of notices we send to you, to the email address or street address listed in your User Information in your account. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of theseTerms shall not constitute a waiver of such right or provision. These Terms, including any other applicable terms and conditions or rules that govern your use of this Sites or individual Services, which are either incorporated here in by specific reference or posted on the Sites from time to time, comprise the entire agreement between youa nd Wildfyre and supersede all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein. All provisions in these Terms regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms. The titles and headings contained in these Terms are used for convenience only and are not intended to affect the meaning or interpretation of these Terms. These Terms are binding upon and inure to the benefit of the respective successors and assigns of the parties, but you may not assign these Terms to any person or entity without our prior written consent, which may be withheld or granted by Wildfyre in its sole and absolute discretion, and any such assignments made without consent shall be null and void. These Terms are solely for the benefit of Wildfyre, its affiliates, and you,and shall not be construedfor the benefit of any third party. You and Wildfyre are independent contractors. No agency relationship, partnership, jointventure, employer- employee relationship or franchisor-franchisee relationship is intended or created by these Terms, and you may not bind Wildfyre to any agreement with any third party.
Cancellations and Refunds
If, as a User, you wish to cancel a booking made via the Services, either prior to or after arriving at the Opportunity, the cancellation policy of the Landowner contained in the applicable Listing will apply to such cancellation. Our ability to refund any portion of the Total Fee charged to you will depend upon the terms of the applicable cancellation policy articulated in the Listing. The Service Fees are non-refundable regardless of the cancellation policy selected by the Landowner.
Wildfyre Premium Listings Terms of Service
Wildfyre offers the subscription service titled, “Wildfyre Premium”. This subscription service offerings are defined below.
“All your hunts are shown at the top of the listings page.”
This means that all of your listings under the account that you subscribed with will be “sticky” to the top of the listings page. The link to the listings page is as follows: https://wildfyre.us/listings/ . The listings are ordered by date.
“Get $50 in free ad spend on Facebook for one of your listings.”
Wildfyre shall pay $50 for a single and one-time Facebook ad. Wildfyre has complete discretion when deciding language, audience, and medium. The subscriber has the ability to choose which listing they want to be promoted. Wildfyre must receive the requested listing in writing 30 days after subscribing to Wildfyre Premium. If Wildfyre does no receive a requested listings within that 30-day window, Wildfyre has the discretion to promote whichever listing under the subscribed account they choose. These ads might differ in duration and length. Said ads must meet Facebook advertising guidelines. Wildfyre cannot guarantee the effectiveness or reach of these ads.
“Your listings will be featured in 2 e-blasts per month.”
Wildfyre shall feature all Wildfyre Premium subscribers in at least 2 emails per month. These emails are sent to our complete mailing list. Wildfyre cannot guarantee the effectiveness of these campaigns.
“The ability to participate in promotions & flash sales.”
Only Wildfyre Premium subscribers are eligible to be included in flash sales, promotions, and giveaways. These events are held at the discretion of Wildfyre. Wildfyre cannot guarantee that every Wildfyre Premium subscriber will be featured or able to participate. It is at the sole discretion of Wildfyre which Wildfyre Premium subscribers they choose to participate in said events.
“Get 0% service fees on all listings as opposed to the standard 5% fee.”
Wildfyre charges Wildfyre Premium subscribers a 0% service fee on hunts booked through the site. THIS DOES NOT APPLY TO BUYERS (HUNTERS), ONLY SUPPLIERS OR LISTERS (LANDOWNERS). Buyers are still responsible for paying the average 8% service fee upon checkout. Listers (landowners) are still responsible for the 3% paypal fee applied upon checkout.
“Your listings will be featured on the homepage.”
On Wildfyre’s homepage, under “Featured Listings”, the thumbnails of the Wildfyre Premium subscribers will be displayed and order of date listed and subscribed.
Wildfyre Premium subscribers can cancel at any time. If one unsubscribes after they have been billed for that month, they cannot be refunded for that month.
Wildfyre Premium subscribers can cancel their subscriptions by emailing email@example.com .
By posting content in public areas on Wildfyre, you agree to abide by these guidelines and all other Wildfyre policies. We reserve the right to remove any content, in whole or part, that violates these guidelines or our Terms of Service, or for any other reason at our sole discretion.
In the event of repeated or severe violations, we may suspend or permanently deactivate the account(s) in question.
You can flag or contact us about posts that appear to violate these content guidelines.
We don’t allow:
– Advertising or other commercial content, company logos, links, or company names
– Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner
– Content that endorses or promotes illegal or harmful activity, or that is profane, vulgar, obscene, threatening, or harassing
– Content that is discriminatory (review our Non-Discrimination Policy for more information)
– Attempts to impersonate another person, account, or entity, including a representative of Wildfyre
– Content that is illegal or that violates another person’s or entity’s rights, including intellectual property rights and privacy rights
– Content that refers to the details of a Wildfyre investigation
– Content that is sufficient to identify a listing’s location or other content that may pose a personal safety risk to a Wildfyre community member
In addition to the above, the following guidelines apply to specific types of content on Wildfyre:
– Listings and profiles: Content that is fraudulent, false, misleading, or deceptive
– Reviews that do not represent the author’s personal experience or that of their travel companions
– Reviews incentivized by a promise for payment, additional services, or a discounted rate
– Reviews motivated by a threat of extortion (review our Extortion Policy)
– Content that is off-topic, doesn’t ask a question, or doesn’t offer knowledge in response to a question as part of a larger discussion
– Trolling or repeatedly targeting community members
- You are solely responsible for all Member Content that you make available on or through the Wildfyre Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Wildfyre Platform or you have all rights, licenses, consents and releases that are necessary to grant to Wildfyre the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Wildfyre’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Wildfyre’s Content Policy or any other Wildfyre policy. Wildfyre may, without prior notice, remove or disable access to any Member Content that Wildfyre finds to be in violation of these Terms or Wildfyre’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Wildfyre, its Members, third parties, or property.