Terms of Use

Our aim is to provide Licensees and associated users with world class software for creating and delivering unique virtual and GPS games.

These user terms of use apply to Wildgoose, our platform, software, services, website, mobile applications, online applications and social media operated by ourselves or on behalf of any third party organisation and any associated applications or services (including but not limited to emails and other forms of communication) collectively known as the ‘site’. This includes any way of accessing, browsing or downloading any part of the site.

Who we are

This site is operated by Wildgoose Events Limited (“Us”, “We”, “Our” “Company Name”). We are a company registered in England and Wales under company number 4962244 and our registered office is located at Parkhurst, Hempstead Road, Bovingdon, England, HP3 0HF, United Kingdom.

Help we provide

We will give you access to our unique software via the MAKE By Wildgoose site, which we’ve built to help you create unique virtual and location specific games.

These terms and conditions (together with any documents referred to in them) explain how you may use the site.

This includes any way of accessing, browsing or downloading any part of the site. By accessing or using this site you agree to be bound by (and comply with) these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should stop using the site immediately.

We grant you a personal, limited, non-exclusive licence to use and access the site subject to these terms and conditions and our Privacy Policy. We may terminate our licence to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the site or to remove content for any reason at our sole discretion. Except for the rights and licence granted in these terms and conditions, we reserve all other rights and grant no other rights or licences, implied or otherwise.

Foreground Material (Your Content)

Wildgoose Events Ltd enables you to add text, photos, videos, links, and other files and information to share with other users in games and on the site - “Foreground Material” (Your Content).

You acknowledge and agree that, as part of using MAKE By Wildgoose Events, Your Content may be viewed on the site and app.

By submitting, posting, displaying, or transmitting Your Content on or through the site, you grant Wildgoose Events Ltd and any third parties it works with a nonexclusive, worldwide, royalty free, fully paid up, licence to use, process, publish, transmit, store, display and distribute Your Content in connection with the operation, use or promotion of Wildgoose Events Ltd and the site.

By submitting, posting, displaying, or transmitting Your Content on or through the site, you grant Wildgoose Events Ltd and any third parties it works with a nonexclusive, worldwide, royalty free, fully paid up, licence to use, process, publish, transmit, store, display and distribute Your Content in connection with the operation, use or promotion of Wildgoose Events Ltd and the site.

We are not responsible for Your Content (Foreground Material).  The Licensee is responsible for ensuring that any content (included AI generated content) added to the platform does not infringe any Intellectual Property Rights or Copyright.

Where the Software has been used to generate content from an Artificial Intelligence language model then Wildgoose cannot guarantee the accuracy and quality of this content or guarantee the information provided will be entirely error-free or up-to-date. Wildgoose recommends independently verifying the content and consulting with professionals for specific advice or information. We do not assume any responsibility or liability for the accuracy, use or interpretation of this content.

You agree never to post spam or offensive or unlawful comments or materials in Your Content and acknowledge that if you ever post such content then Wildgoose Events Ltd reserves the right to remove this with immediate effect from the site, and report this to the appropriate authorities. Wildgoose Events Ltd reserves the right to delete or edit Your Content at any time for any reason at our complete discretion and you agree we can do this.

You acknowledge and agree that Wildgoose Events Ltd may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these terms and conditions; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Wildgoose Events Ltd, its users, or the public.

You understand that we may remove or refuse to publish Your Content, in whole or part, at any time.

You further give us the permission and authority to act as your non-exclusive agent to take enforcement action against any unauthorised use by third parties of any of Your Content.

By posting Your Content on the site, you represent and warrant to us that: (1) you have the ownership rights, or you have obtained all necessary licences or permissions to use Your Content and grant us the rights to use Your Content as provided for under these terms and conditions, and (2) that posting Your Content violates no intellectual property or personal right of others or any other applicable law or regulation, including any laws or regulations requiring disclosure that you have been compensated for Your Content. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate our terms and conditions or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.

Information disclaimer

This site may provide information and content from users or content from a variety of sources and processes including content generated from artificial intelligence models “The Content”.

We are not responsible for the accuracy of any Content of any nature on our site. 

We are not responsible for any advice or recommendations.

You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information on this site.

Any reliance that you may place on the information on this site is at your own risk. We cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

In general, we act as a mere conduit for information. Accordingly, we will not be liable in respect of any losses you may suffer arising out of such information or any reliance you may place upon such information. 

You are solely responsible for the accuracy and reliability of any information or materials uploaded by you through the site and you hereby acknowledge and agree that we will not be responsible, or liable to any third party, for the content or accuracy of any information or materials submitted by you through the site.

Copyright 

The content, design, software, databases, text, graphics and all other material on the site, together with all rights of ownership therein (including intellectual property rights) is owned by us or our licensors (as applicable) and protected by copyright laws and treaties around the world. We and our licensors reserve all of our and their rights in any such materials. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

None of the content, design, software, text, graphics or other material used on the site may be reproduced, modified or redistributed without our prior and explicit written permission. You must not use this site for any commercial purpose without our express written consent.

We do not make any recommendation or endorsement as to any experts or to any content submitted by third parties or linked to our site. Any reliance you place on content is done at your own risk.

Wildgoose Events Ltd may collect and derive data about usage of the site by you or others (“Usage Data”) and this is the property of Wildgoose Events Ltd.

Restricted Uses

You represent and warrant that you will not do the following relating to the Content and Your Content on the site:

Access, search or collect data from Wildgoose Events Ltd (through automated or other means, including artificial intelligence or machine learning) (1) to create derivative works (2) to train or develop any AI, large language models or machine learning algorithms on any Content or materials; (3) to create any service competitive to the site; or (4) for other commercial purposes except as expressly permitted by these terms and conditions. 

Use the site in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the site.

Reverse assemble, reverse compile, decompile any part of the site;

Gain access to (or attempt to gain access to) another user’s account or any non-public portions of the site, including the computer systems or networks connected to or used together with the site.

Content Violations 

If you believe Content on the site violates our terms and conditions or otherwise violates applicable law or other site policies, you may report it to us via the site.

We have no obligation to delete content that you personally may find objectionable or offensive. We endeavour to respond promptly to requests for content removal, consistent with our policies and applicable law.

Limitations and exclusions of liability

Nothing in these terms and conditions will:

  • Limit or exclude our or your liability for death or personal injury resulting from negligence;
  • Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • Limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions:

  • Are subject to the preceding paragraph; and
  • Govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty.

We will not be liable for any loss or damage of any nature arising out of or in connection with the site or your use of the site.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees.

Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the site or these terms and conditions. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

While we try to make sure that the site is available for your use, we do not give any guarantee that the site will be available at all times, nor do we guarantee that access to the site or its content will be free from errors and uninterrupted.

You agree to release, indemnify, and defend Wildgoose Events Ltd from all third-party claims and costs arising out of or related to: (1) your use of the site (2) Your Content, (3) your conduct or interactions with other users of the site, or (4) your breach of any part of these Terms. 

Viruses

We do not guarantee that the site, or its content, will be secure or free from bugs, viruses or anything else that may be considered harmful. It is your responsibility to put the necessary safeguards in place to protect yourself and your technology.

You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site.

You must not attack the site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.

We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any content on it, or on any site linked to it.

Setting up an account

Certain parts of our site may require an account in order to access them. 

During registration, the information you provide must be accurate to the best of your knowledge. If any of your information changes at a later date, it is your responsibility to ensure that your account is kept up to date.

If you choose (or you are provided with) a user identification code, password or any other piece of information as part of our security procedures during registration, you must treat such information as confidential. If you fail to keep any information confidential, you are entirely responsible for any consequences stemming from such failure.

Account security and use

You must notify us immediately if you suspect or become aware that the confidentiality of your account has been compromised.

We reserve the right to terminate your account if:

  • It is established that you hold more than one account;
  • Someone else is using your account;
  • You are breaching these terms and conditions (or our Privacy Policy);
  • You have provided false or incorrect information at the time of registration;
  • You don’t have a serviceable email address or if you mark our emails as spam, junk or abusive;
  • You have not signed into your account in the last six months, and do not do so within 7 days of us sending you an email outlining the need to do so; or

Account closure and deletion

You may close your account at any time. Closing your account will result in the removal of your account data. Closing your account will also remove access to any areas of the site requiring an account for access.

Your data will be deleted, except for any data which we are required to retain by law.

If you close your account, we reserve the right to continue to display and use Your Content at any time as per these terms and conditions.

Please be sure to keep your account up to date with your current email address to make sure you don’t miss out on any important information about your account. If we don’t have a serviceable email address or if you mark our emails as spam, junk or abusive, we may terminate your account.

You can manage your account within your account profile. You can subscribe to or unsubscribe from any emails we may send, although please note that you cannot unsubscribe to service emails which we deem to be essential in order to use the site.

You agree to ensure your username on the site is not offensive nor used in any way which may represent any trademarks or brand names. If we detect any usernames contravening this provision we shall contact you and request that you update this. Failure by you to respond within may result in your account being terminated.

User username may not contain the following:

  • Profanities, slurs, or other obscenities.
  • Sexually explicit language
  • Phone numbers or personal data
  • Any content that violates our existing site terms and conditions

Links to third party services and sites may appear on the site. Such third party sites are not the responsibility of us and we accept no responsibility for the availability, suitability, reliability or content of such third party sites and do not necessarily endorse the views expressed within them. We will not be liable for any loss or damage that may arise from your use of them.

Third party sites may collect and treat information they collect differently, so we encourage you to carefully read and review the Terms & Conditions and Privacy Policy for each site you visit.You are solely responsible for your interactions with all third parties. You hereby release us from any and all claims or liability related to any product or service of a third party, including a third party’s failure to comply with applicable law.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any third party site linked to our site.

We reserve the right to close your account and remove your access to the site at any time for any reason. 

Acceptable Use Policy

You agree at all times that Your Content will not contain:

  • Spam of any kind
  • Harassment and Bullying
  • Hate speech
  • Harmful activities and self-harm
  • Sexual exploitation and abuse
  • Sexually explicit language
  • Irrelevant comments or responses
  • Any offensive or disrespectful comments
  • Any personal information of any kind, of yours or any other person
  • Unlawful content
  • Impersonation and Deceptive Activity
  • Anything that infringes any intellectual property rights of a third party
  • Any other content that violates our site policies or terms and conditions

Further you will not use Your Content or engage in behaviours with the intent to harass, intimidate, or humiliate an individual, whether in public or private. This includes encouraging others to engage in such behaviour.

Wildgoose Events Ltd has the sole authority and final decision as to whether any content or behaviour violates these policies. We may enforce these policies in a variety of ways, including, but not limited to written warnings, removal of content, adding warning tags to content, or the limitation or termination of access to the site.

You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.

You must not link a site to us which we may deem at our sole discretion to be inappropriate, contain explicit material, immoral or offensive.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site.

You must not redirect other domain names to our site.

We do not warrant or guarantee that our site will be secure or free from bugs or viruses and shall not be held liable for any loss, damage or disruption you may suffer whilst using material derived from the site.

You are responsible for configuring your information technology, computer programmes and platform to access our site, and you should use your own virus protection software.

Privacy

We take your privacy very seriously. Please take the time to familiarise yourself with our Privacy Policy to understand how we treat your personal information and your own responsibilities in relation to your information and account.

Amendments

From time to time we may update our Terms & Conditions by posting a revised version on our site. These terms were last updated in August 2024.

We recommend that you regularly check the Terms & Conditions on the site to ensure that you are informed of, and happy with, these terms and any amendments to them.

Continued use of the site after the Terms & Conditions have been revised will constitute your acceptance of, and your agreement to be bound by, these revised Terms & Conditions.

Severability

If any provision detailed in these Terms & Conditions is deemed unlawful, invalid or unenforceable that provision will be deemed severed from the remainder and the validity and enforceability of the remaining provisions will not be affected.

Assignment

You hereby agree that we may assign, transfer, subcontract or otherwise deal with our rights and/or obligations under these Terms & Conditions without notifying you or obtaining your specific consent. You must not assign, transfer, subcontract or otherwise deal with your rights and/or obligations under these Terms & Conditions.

Governing law and jurisdiction

These terms and conditions, their subject matter and formation are governed by English & Welsh law. Any disputes under or relating to these Terms & Conditions and/or the site will be subject to the exclusive jurisdiction of the English & Welsh courts.

Contact and registration details

If you have any questions about these terms and conditions or about using the site in general, please contact us by writing to us at Wildgoose Events Ltd,  Parkhurst, Hempstead Road, Bovingdon, England, HP3 0HF.

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