Terms of Use

(Last modified February 1, 2023)

Introduction, Acceptance, Definitions, and Modifications
Welcome to Wilder Toys! We hope that you will enjoy and have fun using our “Services”. Our Services include: (i) our “Websites” at https://www.jointhewilderside.com/ and https://www.theaudiogame.shop/ including any and all subdomains or sub-pages; (ii) the purchase of “Products” (such as our games) through the Websites; and (iii) our “Application”, which refers to the app for iOS or Android called “The Audio Game”. The Application is used as part of physical The Audio Game (the “Game”) and is downloaded onto your handheld or tablet device (“Device”). In these Terms of Use the Application may be specified as either “iOS Application” or “Android Application”, for use in that Application’s operating system environment.

By visiting or using any of the Websites, downloading the Application onto your Device, or by using the Services in any way, you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Services. The TOU are a legal and binding agreement between you and us.

In these TOU, a user of The Game and the Application, or any Website visitor or user, may be referred to as “you” or “your”. When a user has created an account logged in to a Website, they may be referred to as “Logged-In user”. When a user has made a purchase of a Product, they may be referred to as a “Purchaser”.

The Services are owned and operated by Wilder Toys Inc., a Canadian corporation located in Montréal, Canada at the address listed below. Where the present TOU refer to “Wilder Toys” they may refer to Wilder Toys Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Wilder Toys and / or its Representatives.

Wilder Toys reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL or in the Application itself. It is your responsibility to check the TOU periodically for changes. Your use of the Services following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with Wilder Toys, we will use commercially reasonable efforts to notify you by posting a prominent notice on the Websites, and, if we have your email address, by emailing you.

Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy. Both the TOU and the Privacy Policy govern your use of the Services.
Contacting Us
If you have any questions about the TOU, please contact:

Wilder Toys Privacy Officer
privacy@wildertoys.com

or:

Wilder Toys Privacy Officer
3809 Ave Wilson
Montreal, QC
Canada
H4A 2T7

If you have any non-legal questions regarding any of the Services, please contact support@wildertoys.com.
General Code of Conduct for Use of the Services
In addition to the more specific rules found elsewhere in these TOU, you agree that by interacting with the Services in any way, you will:
1. Not use the Services in any manner that in any way violates these TOU or any other applicable policy posted on or in the Services by Wilder Toys;
2. Not use the Services in any manner that violates any intellectual property rights of Wilder Toys or any third party;
3. Not use the Services in any manner to propagate spam, including, but not limited to, unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
4. Not use the Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Wilder Toys or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether personal data or not) of Wilder Toys, other Services users or any other third party;
5. Not: (1) take any action that imposes or may impose (as determined by Wilder Toys in its sole discretion) an unreasonable or disproportionately large load on Wilder Toys’ (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Services or any activities conducted on or via the Services; (3) bypass any measures Wilder Toys may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or portion of the Services; or (5) harvest or scrape any content from the Services in an unreasonable manner;
6. Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Services;
7. Not use the Services to in any way collect information (whether personal information or not) of any third party or in violation of our Privacy Policy;
8. Not use the Services to advertise or promote products or services that are not expressly approved in advance in writing by Wilder Toys, or as permitted by these TOU;
9. Not interfere with any third party’s use or enjoyment of the Services;
10. Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
11. Not attempt to do any of the foregoing prohibitions;
12. Use the Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
Use of the Application
1. The Application is licensed, not sold. Wilder Toys grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use the Application solely and exclusively for your personal use on your Device, or the use of any other third party with access to the Device that you control and with your permission, and as permitted by the Usage Rules set forth in the App Store Terms and Conditions for the iOS Application or the Google Play Terms of Service for the Android Application. The iOS App Store or Google Play or any other distributor for apps may be referred to in these TOU as a “Third-Party Application Distributor”.
2. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
3. You agree that you are solely responsible for (and that Wilder Toys has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the TOU, and for the consequences (including any loss or damage, direct or indirect, which Wilder Toys may suffer) of any such breach. Where a third party uses the Application on your Device with your permission, you are solely responsible for conforming to these TOU and any breach thereof shall be your responsibility. Where a third-party gains control of your Device without your permission, we strongly suggest taking action (especially a remote wipe or other procedure to lock out your Device) as Wilder Toys cannot be held responsible for any misuse of, or damage to, your Device (whether in relation to the Application or not) in such circumstances.
Privacy Policy and Permissions for the Application
1. Our Privacy Policy explains how Wilder Toys treats your personal data and protects your privacy when you use the Application. By installing, accessing or using the Application, you explicitly agree to the use of your personal data in accordance with the Privacy Policy, which may be updated from time to time and without notice.
2. By installing, accessing or using the Application, you consent to the information, collection and usage terms as described in the Privacy Policy.
3. In addition to personal and non-identifiable information, the Privacy Policy also describes how the Application accesses functions of the Device that are not part of the Application and developed by third parties. These are known as permissions, and you agree that Wilder Toys has the right to access third-party computer code on the Device in this manner and as described in the Privacy Policy.
Accessing and Downloading the iOS Application from the Apple App Store, and Related Acknowledgements
1. You acknowledge and agree that (i) these TOU are concluded between you and Wilder Toys only, and not Apple, and (ii) Wilder Toys, not Apple, is solely responsible for the iOS Application and content thereof. Your use of the iOS Application must comply with the Apple Media Services Terms and Conditions, which you are responsible for reviewing from time to time.
2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application.
3. Apple will have no warranty obligation whatsoever with respect to the iOS Application. As between Wilder Toys and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Wilder Toys, or as further specified and limited hereinafter.
4. You and Wilder Toys acknowledge that, as between Wilder Toys and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the iOS Application or your possession and use of the iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5. You and Wilder Toys acknowledge that, in the event of any third-party claim that the iOS Application or your possession and use of the iOS Application infringes that third party’s intellectual property rights, Wilder Toys, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, as specified elsewhere in these TOU.
6. You and Wilder Toys acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these TOU as related to your license of the iOS Application, and that, upon your acceptance of these TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOU as related to your license of the iOS Application against you as a third-party beneficiary thereof.
7. You acknowledge 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.
8. Without limiting any other of these TOU, you must comply with all applicable third-party terms of agreement when using the Application.
9. You acknowledge that updates to the iOS Application are subject to the approval of Apple, and Wilder Toys and its Representatives shall not be held responsible for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from any delay in the approval of updates by Apple.
Accounts, Passwords and Logged-in Users
1. Accounts and Passwords
  In order to use certain aspects and functions of the Services, notably to keep your information for future purchases of Products and track your purchases, you will be required to create an account. Accounts are available to anyone who provides the requisite information, subject to the restrictions and conditions as outlined elsewhere in these TOU.
  
  As part of the account registration, you will be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities that occur under your account whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account.
  
  If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. Wilder Toys, its affiliates, and their Representatives, will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.
  
  Wilder Toys reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more fully described further in these TOU.
2. Account Information
  The information required to create an account is the following: your first and last name, and email address. This information you submit as part of the sign-up process may be referred to in the present TOU or the Privacy Policy as “Account Information”.
  
  By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Services, at our sole discretion.
Purchase of Products
1. Age Requirements
  You must be 18 years of age or the age of majority in your state or jurisdiction to use the Services to purchase Products. Individuals under the age of 18, or applicable age of majority, may utilize the Services only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these TOU.
2. Products for Sale through the Services
  We have done our best to display as accurately as possible the colours of the Products shown on the Website. However, because the colours you see will depend on your monitor or display, we cannot guarantee that your display of any Product colour will be accurate. While the Website attempts to be accurate in its product descriptions, Wilder Toys does not represent or warrant that Product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. If you find that a Product you purchase is not as described, your may return it in accordance with Wilder Toys 's Return and Refund Policy described below.
  
  The purchase of Products on the Website is subject to availability. In the event that Wilder Toys advises you that any Product is no longer available, Wilder Toys will have no obligation to fulfill your order and you will have no obligation to pay Wilder Toys for the order. If your payment has already been made, you will be refunded.
3. Pricing and Payments
  Prices displayed through the Services are firm and are listed in American dollars, which may be converted to other currencies at the time of payment processing, depending on your country of origin and / or credit card account agreement. Prices do not include applicable sales taxes, delivery fees or any other applicable fees, which shall be displayed during the checkout process, depending on your location and selections you have made (for example delivery method).
  
  By confirming your purchase at the end of the checkout process by clicking the “Pay now” button, you agree to pay Wilder Toys the amount set out as the Total on the checkout page. The Total is quoted in American dollars, and includes shipping and handling fees, any other additional fees, and all applicable taxes.
  
  While we strive for accuracy in the pricing displayed on the Websites and the other product information we provide, errors can occur. In the event that a Product is mistakenly listed at an incorrect price, Wilder Toys reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Wilder Toys reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the Purchaser's credit card charged. If the Purchaser has already been charged for the purchase and the order is cancelled, Wilder Toys shall issue a credit to the credit or debit card account used to make the purchase in the amount of the incorrect price (plus any taxes and / or shipping or other fees).
4. Billing Information and Payment Processing
  In order to make a purchase of Product(s) through the Services, you will be required to enter your name, billing address, email address, and shipping address if different from your billing address. This may be referred to in these TOU or the Privacy Policy as “Billing Information”.
  
  All payments for Products made through the Services are processed using a secure https:// connection, and payment processing is handled through the “Third-Party Payment Processor” Shopify Payments. Alternatively, you can use PayPal to pay for your purchase, who shall also be deemed a Third-Party Payment Processor in these TOU. The Third-Party Payment Processors currently accept certain credit and debit cards (which shall be displayed to you upon making your payment) as payment options but these are subject to change without notice. Once transactions are accepted by the Third-Party Payment Processors, they are processed in accordance with their program rules and procedures and Terms of Use. Wilder Toys and the Third-Party Payment Processors are unaffiliated companies and Wilder Toys has no influence on the operations of the Payment Processor. Wilder Toys and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of any Third-Party Payment Processors.
  
  All Billing Information is collected by the Third-Party Payment Processors, on their own secure servers. Wilder Toys does not have access to any credit card information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of the Third-Party Payment Processor. Non-financial information will, however, be available to Wilder Toys for shipping and data-keeping purposes. While Logged-in Users can store Billing Information for future purchases, credit card information is not available to Wilder Toys.
5. Shipping and Delivery
  Delivery of purchased Products is handled by the United States Postal Service (the “USPS”). Without limiting the generality of the Disclaimer of Warranties further in these TOU, Wilder Toys and / or its Representatives shall not be responsible for any losses or damages, pecuniary or otherwise, to you or any third party resulting from any delivery delay or other failure of the USPS.
  
  For additional information about shipping of your purchased Products, please refer to our Shipping Policy which is incorporated by reference into these TOU.
6. Returns and Refunds
  For information about returning purchased Products and getting a refund, please refer to our Refund Policy which is incorporated by reference into these TOU.
Proprietary Rights Generally and in Submissions to Wilder Toys
1. Intellectual Property Rights
  You acknowledge that: (a) the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Wilder Toys, its Representatives and/or third parties (via license) own all right, title and interest in and to the Services and content that may be presented or accessed through the Services, including, without limitation, all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to Wilder Toys. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.
  
  You agree that you will not, and will not allow any third party, to: (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, or content that may be presented or accessed through the Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services; or (iii) remove, obscure, or alter Wilder Toys’ or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.
  
  The content, arrangement and layout of the Websites and Application, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Wilder Toys, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Wilder Toys, or as permitted by the functionality of the Services or these TOU. Any unauthorized use of the content, arrangement or layout of the Websites and Application, Computer Code, images, logos, videos, audio or trademarks found on the Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Wilder Toys may take action accordingly.
  
  The above paragraph further applies to third party property used as part of the Websites and Application, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.
2. Submissions to Wilder Toys
  Where you deliver via a Website or any other means to Wilder Toys a work of authorship you create (a “Submission”), your Submission is governed by the Contributor Terms and Conditions which are incorporated by reference into these TOU. The proprietary rights to your Submissions are detailed in the Contributor Terms and Conditions, but generally you retain the rights to your Submissions and grant Wilder Toys certain licenses to use them.
3. Submitted Feedback
  If you choose to communicate to Wilder Toys (via any means) suggestions for improvements to the Services, the Game, or any idea or proposal related to Wilder Toys or its businesses or properties except for Submissions as defined above (collectively, “Feedback”), Wilder Toys shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Wilder Toys and waive in favor of Wilder Toys, its successors and assigns all your moral rights in the Feedback; and agree to provide Wilder Toys such assistance as Wilder Toys may require to document, perfect, and maintain Wilder Toys’ rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Wilder Toys, you are not entitled to any compensation or reimbursement of any kind from Wilder Toys under any circumstances.
General External Links and Websites
From time to time, Wilder Toys may provide links to other websites or services. Links from the Services may take you to websites or services not covered by these TOU. When you access third party resources on the internet in this manner, you do so at your own risk. Wilder Toys provides those links as a convenience to you and Wilder Toys takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your Personal Information) on those other websites or services. We encourage you to check the terms of use and / or privacy policy of any website or service you visit. Wilder Toys does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.

In no way will Wilder Toys be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
Interruption of Service
From time to time, the Services (or any portion thereof) may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, Wilder Toys and its Representatives shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.
Termination of the TOU and Access to the Services
You agree that Wilder Toys, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, if Wilder Toys believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.

Wilder Toys may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that Wilder Toys and its Representatives shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from Wilder Toys’ termination of the Services or any part thereof.

Termination of the Services or your access to the Services shall terminate the present TOU as between you and Wilder Toys. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including, without limitation, the intellectual property provisions, disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
You expressly understand and agree that your use of the Services, the information thereon (whether provided by Wilder Toys or third parties) or any activity arising from your use of the Services (including but not limited to your use of a purchased Product) or the information thereon or the materials downloaded therefrom is at your sole risk. The Services, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer or Device or loss of data that results from the download or access of any material obtained through the use of the Services or any other functionalities of the Services, or losses or damages (pecuniary or otherwise) resulting from (i) your use of the Services, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Services or the information thereon (including but not limited to your use of a purchased Product) or any materials downloaded therefrom.

The information or resources provided through the Services, written or produced by Wilder Toys staff, freelance writers or other subcontractors hired by Wilder Toys are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. Wilder Toys and its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Services or the information thereon, or your reliance on such information whether the information is correct or not.

Wilder Toys expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from viruses and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Wilder Toys and its Representatives do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by Wilder Toys or third parties) available at or through the Services is free of viruses or other harmful components; (iv) the functionalities of the Services will work equally in desktop and handheld or tablet device environments; or (v) the results of using the Services, or any activity arising therefrom (including but not limited to your use of a purchased Product), or any content downloaded therefrom will meet your requirements.

Some of the content displayed on or presented through the Services may include elements that belong to or are provided by third parties. You acknowledge that Wilder Toys assumes no responsibility for such content.

To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Services and all operations on the Services are warranted only to the minimum amount legally required.
Limitation of Liability
Wilder Toys shall not be liable and assumes no responsibility for any loss or damages arising from or relating to the information available through the Services or downloaded therefrom, your use of the Services, activities arising from your use of the Services (including but not limited to your use of a purchased Product), or any third-party materials available through the Services.

In no case will Wilder Toys or its Representatives be liable for any indirect, special, consequential, exemplary, punitive damages or other damages, or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Services, or (ii) the interruption, suspension or termination of any part of or all the Services; and in both cases (i) and (ii), regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TOU, in no event will our aggregate liability for any claims in connection with your use of the Services exceed the amount of $100 or the value of your purchased Products (if applicable) whichever is greater.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
Indemnity
Notwithstanding any other term of the TOU or any act or failure to act by Wilder Toys or its Representatives, you agree to indemnify, defend and hold harmless Wilder Toys and its Representatives where applicable, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of: (i) your use of or connection to the Services, the information thereon, the information downloaded therefrom; (ii) your participation in any activities arising from the Services (including but not limited to your use of a purchased Product), the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.
Governing Law and Applicable Jurisdiction
These TOU and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Québec, Canada and the federal laws of Canada applicable therein, without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Wilder Toys shall be brought exclusively in the courts located in the judicial district of Montréal, Canada. Notwithstanding the foregoing, Wilder Toys shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montréal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montréal court.
Miscellaneous Provisions
1. These TOU and any and all policies and terms incorporated by reference herein, in conjunction with the Privacy Policy, constitutes the entire agreement between you and Wilder Toys with respect to your use of the Services, superseding any prior agreements between you and Wilder Toys.
2. Wilder Toys shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Wilder Toys’ reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
3. If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, you and Wilder Toys nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
4. The failure of Wilder Toys to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to Wilder Toys.
5. The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.
6. The parties acknowledge having expressly required that these TOU and the Privacy Policy are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique de confidentialité soient rédigées en anglais.