Terms of Use


Last revised: July 26, 2024

These Terms of Use, together with our Privacy Notice (the “Terms of Use”) apply to your use of this website wiredwombatstudios.com, along with downloadable games, applications, related sites, pages, and content operated, owned, and/or provided by Wired Wombat or on its behalf (collectively, the “Services”). The Services are provided by Wired Wombat Studios, LLC (“Wired Wombat,” “we,” or “us”), and are subject to change at any time, at the sole discretion of Wired Wombat.

PLEASE READ THESE TERMS OF USE CAREFULLY TO UNDERSTAND OUR POLICIES AND RULES FOR YOUR USE OF OUR SERVICES AND SITE. IF YOU CANNOT COMPLY WITH OUR POLICIES, DO NOT ACCESS OR USE THE SERVICES PROVIDED OR OFFERED BY WIRED WOMBAT. BY ACCESSING OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY NOTICE. These Terms of Use govern and apply to the provisions of the Privacy Notice, and both documents together provide the terms and conditions for your use of the Services.

1. Acceptance of the Terms of Use

As noted above, by using this Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, incorporated herein by reference, and you represent and warrant that you meet the eligibility requirements below. If you do not meet all of these requirements, you must not access or use any services of Wired Wombat.

This Site is offered and available to users who are:

  • 18 years of age or older
  • Residents of the United States of America

2. Changes to the Terms of Use
 
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

Your continued use of the Services of Wired Wombat following the posting of these or revised Terms of Use means that you accept and agree to the Terms of Use, as posted. You are expected to check this page from time to time when you access this Site so you are aware of any changes, as they are binding on you.

3. Accessing the Services

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Services, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts, features, or functions of the Services to users.

To access the Services or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Services that all the information you provide on or through the Services is correct, current, and complete. You agree that all information you provide to this Site or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by these Terms of Use and our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
 
4. Intellectual Property Rights
 
The Services and all contents, features, and functionality (including but not limited to all information, software, services offered through the Services, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Wired Wombat, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The name of Wired Wombat, any logos, and all related names, logos, product and service names, designs, and slogans found on or relating to the Services constitute trademarks and other intellectual property of Wired Wombat or its clients, affiliates, or licensors. You must not use such marks without the prior written permission of Wired Wombat. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

These Terms of Use permit you to use the Services for your personal or business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for displayenhancement purposes.
  • You may print one copy of a reasonable number of pages of the Services for your ownnon-commercial use and not for further reproduction, publication, ordistribution.
  • You may download and edit certain informational posts and documents for your personaluse to the extent permitted by and consistent with these Terms of Use and otherinstructions on the Services.
  • If we provide social media features with certain content, you may take such actionsas are expressly enabled by such features.

You must not:

  • Modify copies of any materials from this site except as expressly permitted hereby.
  • Delete oralter any copyright, trademark, or other proprietary rights notices from copiesof materials from this site.
  • Access or use for any commercial purposes, other thanas expressly authorized by us, any part of the Services or materials

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Wired Wombat. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.You must not:


5. Prohibited Uses of Site

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

  • In any waythat violates any applicable federal, state, local, or international law orregulation (including, without limitation, any laws regarding the export ofdata or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm any person, including any minor, in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in Section 7 of these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Wired Wombat, one of its employees, another user, or any other person or entity (including, without limitation, by using email addresses or social media accounts or handles associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Wired Wombat or users of the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services for any purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services or any server, computer, or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

6. User Contributions

The Services may contain various interactive features at any given time that allow users to provide, post, submit, publish, display, or transmit to other users, other persons, or post publicly, information, content, or materials (collectively, “User Contributions”) on, from, or through the Services.

All User Contributions must comply with the Content Standards listed in Section 7 of these Terms of Use. Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the perpetual and irrevocable worldwide right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, without notice, attribution, or compensation to you.
 
You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Wired Wombat, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
 
We are not responsible or liable to you or any third-party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

7. Content Standards
 
These content standards (“Content Standards”) apply to any and all User Contributions on, through, or to the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other promotions, barter, or advertising.
  • Give the impression that they emanate from, are associated with, or are endorsed by us or any other person or entity, if this is not the case.

8. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason, in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including our Content Standards (as listed in Section 7 of these Terms of Use), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, violates any applicable law, or could otherwise create liability for Wired Wombat.
  • Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, respond to takedown notices or make referrals to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any third parties in response to take-down notices and/or law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS WIRED WOMBAT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY SUCH PARTY, INCLUDING ANY COURT OR LAW ENFORCEMENT AUTHORITY.

However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

If you believe that any User Contributions or other content on the Services violates your copyright or other intellectual property rights, please notify us through the contact information provided in Section 18 of these Terms of Use.

9. Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes and frequently comes from public sources and other websites. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY INFORMATION OR MATERIALS AVAILABLE FROM THE SERVICES, AND ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USER OF THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF SUCH SERVICES’ CONTENTS.

This Site may include content provided by third parties, including materials provided by other users and retailers. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Wired Wombat, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Wired Wombat. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third parties.
 
10. Linking to the Services and Social Media Features
 
If appropriate, you may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
 
This Site may provide certain social media and other interactive features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site.
  • Send emails, posts, or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You must not cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, platform, or location, for example, framing, deep linking, or in-line linking. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
 
You must not take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use. We may disable all or any social media features and any links at any time without notice in our discretion.
 
11. Links from the Services and Other Terms and Conditions
 
The Services may contain links to other sites and resources provided by third parties, and these links are provided for your convenience only. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES FOUND WITHIN THE SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH THIRD-PARTY WEBSITES.

12. Disclaimer of Warranties
 
You understand that we cannot and do not guarantee, warrant, or otherwise represent that content or files available for access or downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient technology, procedures, and checkpoints to satisfy your particular requirements for anti-virus protection, security, and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY APPLICATION, PLATFORM, OR MATERIAL.
 
YOUR USE OF THE SERVICES, ANY CONTENT, AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE WIRED WOMBAT WEBSITE IS AT YOUR OWN RISK. THE SERVICES, ALL CONTENT, AND ANY SERVICES OR CONTENT OBTAINED THROUGH THE WIRED WOMBAT WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WIRED WOMBAT NOR ANY AFFILIATE OR PERSON ASSOCIATED WITH WIRED WOMBAT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WIRED WOMBAT NOR ANY AFFILIATE OR PERSON ASSOCIATED WITH WIRED WOMBAT REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
 
TO THE FULLEST EXTENT PROVIDED BY LAW, WIRED WOMBAT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR PARTICULAR PURPOSE.
 
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 
13. Limitation of Liability
 
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WIRED WOMBAT, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR ITS OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT ON OR THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
 
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification

You agree to indemnify, hold harmless, and, in our sole discretion, defend, Wired Wombat, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, your use of the Services, any content, and products other than as expressly authorized in these Terms of Use or your use of any other information obtained from or through the Services.

15. Governing Law and Venue

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).
 
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the Services, or any content or technology of Wired Wombat shall be instituted exclusively in the federal courts of the United States in the Middle District of Tennessee or state courts serving and located in Davidson County in the State of Tennessee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

In any dispute under this Section 15 in which Wired Wombat prevails, Wired Wombat shall have its attorneys’ fees, professionals’ fees and costs paid by the non-prevailing party, and such sum may be added to any judgment entered in the proceeding. This right shall not merge with but shall survive the entry of judgment, and shall extend to appeals and collection.

16. Waiver and Severability

No waiver by Wired Wombat of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wired Wombat to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

17. Entire Agreement

These Terms of Use, including our Privacy Notice, constitute the sole and entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

18. Your Comments and Concerns

The Services are provided by Wired Wombat Studios, LLC. We strive to promptly accommodate all requests relating to incorrect, unlawful, or improper information on WiredWombatStudios.com. Please contact us if the Services, or any User Contribution, violates your copyright or other intellectual property or proprietary right. All such feedback, questions, comments, requests for technical support, and other communications relating to the Services can be communicated to us via the following:

  • By email to help@wiredwombatstudios.com
  • By phone by calling 901 295-8451
  • In writing to: Wired Wombat Studios, LLC 104 Calm Waters Street Franklin, TN 37064
Copyright © 2024 Wired Wombat Studios, LLC. All Rights Reserved.