Terms of Use - Wild Eye Magazine

Terms of Use last updated March 21, 2025

Agreement to our Legal Terms

We are Wild Eye Magazine, a company registered in California, United States at 566 Lighthouse Avenue Pacific Grove, CA 93950

We operate the website wildeyemagazine.com (the “Site”), along with any related products and services that reference, connect to, or are associated with these legal terms. Collectively, these terms govern what we refer to as “the Services.” You may contact us via email at support@wildeyemagazine.com or by mail for any inquiries.

These legal terms form a binding agreement between you—whether as an individual or representing an entity—and Wild Eye Magazine regarding your access to and use of the Services. By using the Services, you acknowledge that you have read, understood, and agreed to these legal terms. If you do not agree to all provisions outlined herein, you are expressly prohibited from accessing or using the Services and must cease use immediately.

We will notify you in advance of any planned modifications to the Services that affect you. Any updates to these legal terms will take effect upon being posted or communicated through wildeyemagazine.com as detailed in our email notification. By continuing to use the Services after the effective date of any changes, you consent to the revised terms.

The Services are strictly intended for users who are 18 years or older. Individuals under 18 are not permitted to register for or use the Services. We advise you to retain a printed copy of these legal terms for your records.

Table of Contents

1. Our Services

The information available through the Services is not intended for distribution or use by any individual or entity in any jurisdiction or country where such actions would violate local laws or regulations or require us to meet additional registration requirements within that jurisdiction. Therefore, individuals who choose to access the Services from outside our primary operating region do so at their own discretion and are solely responsible for ensuring compliance with applicable local laws.

2. Our Intellectual Property

We own or are licensed to use all intellectual property rights associated with our Services, including but not limited to source code, databases, software, functionality, website designs, text, images, audio, video, graphics, and other content. Additionally, all trademarks, service marks, and logos featured within the Services (collectively, “the Content and Marks”) are protected by copyright, trademark laws, and various other intellectual property and unfair competition laws in the United States and internationally. The Content and Marks are provided “as is” solely for your personal, non-commercial use.

Your Use of Our Services

Subject to your compliance with these legal terms—including the restrictions outlined in the Prohibited Activities section—we grant you a limited, non-exclusive, non-transferable, and revocable license to access the Services. You may download or print a copy of any Content to which you have been granted proper access, strictly for personal, non-commercial purposes.

Unless explicitly permitted under this section or elsewhere in our legal terms, you may not copy, reproduce, republish, upload, distribute, modify, transmit, sell, license, publicly display, encode, translate, or otherwise exploit any part of the Services, including the Content and Marks, for commercial purposes without our prior written consent. If you wish to use any part of the Services, Content, or Marks beyond what is allowed here, please submit a request to support@wildeyemagazine.com.

If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must properly credit us as the rightful owners or licensees. Any copyright or proprietary notices must remain intact and visible on any shared material.

We reserve all rights not expressly granted regarding the Services, Content, and Marks. Any unauthorized use or violation of these intellectual property rights constitutes a material breach of these legal terms, which will result in the immediate termination of your right to use our Services.

Your Submissions

Before using our Services, please carefully review this section along with the Prohibited Activities section to understand both your rights and obligations when posting or uploading content through the Services (“Submissions”).

By directly providing us with any questions, comments, suggestions, ideas, feedback, or other information related to the Services, you agree to transfer all intellectual property rights associated with such Submissions to us. This means we will own the Submission and may use or distribute it freely for any lawful purpose, whether commercial or otherwise, without requiring acknowledgment or compensation to you.

Your Responsibilities

You are solely responsible for any content you post or upload through the Services. By submitting any content, you confirm that:

You have read and agree to abide by our Prohibited Activities section.
You will not post, upload, send, or transmit any content that is illegal, harassing, defamatory, hateful, harmful, obscene, threatening, abusive, discriminatory, misleading, sexually explicit, or otherwise objectionable.
To the extent permitted by law, you waive any moral rights to your Submission.
The content is original to you, and you possess the necessary rights and licenses to share it.
You have full authority to grant us ownership and usage rights over your Submission.
Your Submission does not contain confidential or proprietary information.

You are fully responsible for your Submissions and agree to indemnify us against any losses, claims, or legal consequences resulting from:

a) Your violation of this section,
b) Infringement on a third party’s intellectual property rights, or
c) Any breach of applicable law.

3. User Representations

By accessing and using the Services, you confirm and warrant that:

All registration information you provide is truthful, accurate, up-to-date, and complete.
You will ensure the accuracy of your registration details and update them as needed.
You have the legal capacity to enter into this agreement and agree to abide by these legal terms.
You are not considered a minor under the laws of your jurisdiction.
You will not access the Services using automated or non-human methods, including but not limited to bots, scripts, or other automated tools.
You will not use the Services for any illegal or unauthorized activities.
Your use of the Services complies with all applicable laws and regulations.

If any information you provide is found to be false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny you access to the Services, either in part or in full, at our sole discretion.

4. User Registration

To access certain features of the Services, you may need to create an account. You agree to keep your password confidential and acknowledge that you are responsible for all activity conducted under your account.

We reserve the right, at our sole discretion, to remove, reclaim, or modify any username if we determine that it is inappropriate, obscene, or otherwise objectionable.

5. Products

All products offered through the Services are subject to availability. We reserve the right to discontinue any product at any time, for any reason. Additionally, product prices are subject to change without prior notice.

6. Purchases and Payment

We accept the following payment methods: Visa, MasterCard, and American Express. You agree to provide accurate, complete, and up-to-date account and purchase information for all transactions made through the Services. This includes promptly updating your email address, payment details, and card expiration date to ensure successful transactions and necessary communication.

Applicable sales tax will be added to your purchase price as required. We reserve the right to modify product prices at any time. All transactions will be processed in U.S. Dollars, and you agree to pay all charges at the prevailing prices, including any applicable shipping fees. By making a purchase, you authorize us to charge your selected payment method for the total amount due.

We reserve the right to correct any pricing errors or mistakes, even after an order has been placed and payment has been requested or received. Additionally, we may refuse any order at our sole discretion. We also retain the right to limit or cancel quantities purchased per individual, household, or order. This includes restricting purchases made under the same customer account, using the same payment method, or sharing the same billing or shipping address.

Furthermore, we reserve the right to restrict or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

7. Subscriptions

By default, subscriptions are set to automatically renew. However, this option can be disabled during account creation. Additionally, users can log in and turn off auto-renewal at any time via the My Account page.

Cancellation

If a paid subscription is not renewed, the user will still retain access to the website, but certain content may be restricted. We do not automatically delete user accounts if a subscription is not renewed. Users who wish to have their accounts removed may contact Customer Support for assistance. Cancellations take effect at the end of the current paid term.

If you have any questions or are dissatisfied with our Services, please reach out to support@wildeyemagazine.com.

Fee Changes

We may periodically adjust subscription fees and will notify you of any price changes in accordance with applicable laws.

8. Refund Policy

All sales are final, and refunds are not guaranteed.

9. Prohibited Activities

You may only access and use the Services for their intended purposes as provided by us. The Services may not be used for any commercial activities unless explicitly approved by us. As a user of the Services, you agree not to:

Systematically collect or extract data, content, or other information from the Services to create a compilation, database, or directory without our prior written consent.
Mislead, trick, or defraud us or other users, particularly in attempts to gain access to sensitive account details, such as passwords.
Circumvent, disable, or interfere with security-related features of the Services, including those restricting access to or copying of content.
Disparage, tarnish, or otherwise harm us or the Services, in our sole opinion.
Use information obtained from the Services to harass, abuse, or harm another person.
Misuse our support services or submit false claims of abuse or misconduct.
Violate any applicable laws or regulations while using the Services.
Engage in unauthorized framing or linking to the Services.
Upload or transmit malicious software, including viruses, Trojan horses, or other harmful materials, as well as excessive use of capital letters or spamming.
Repeatedly post the same content in a way that disrupts other users’ experience.
Modify, impair, disrupt, or interfere with the functionality, features, or maintenance of the Services.
Use automated systems (such as bots, scripts, or data mining tools) to interact with the Services.
Remove copyright or proprietary notices from any content.
Impersonate another user or person, or use another user’s username.
Upload or transmit passive or active data collection mechanisms such as GIFs, web bugs, cookies, or spyware.
Interfere with or place an undue burden on the Services, servers, or networks connected to the Services.
Harass, intimidate, or threaten our employees or agents providing support for the Services.
Bypass or attempt to bypass any measures restricting access to the Services.
Copy, adapt, or manipulate the software used within the Services, including but not limited to Flash, PHP, HTML, and JavaScript.
Reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code of the Services unless legally permitted.
Deploy any automated system, including but not limited to spiders, bots, scrapers, or offline readers, without our authorization.
Use a third-party agent or service to make purchases on your behalf.
Collect usernames or email addresses for unsolicited messages or create accounts under false pretenses.
Use the Services to compete with us or engage in any revenue-generating activity or business venture.
Advertise or sell goods and services through the Services without our consent.
Sell, transfer, or assign your account or profile to another party.
Violate copyright laws by using protected assets from the website without proper authorization.

Any violation of these prohibited activities may result in suspension or termination of your access to the Services.

10. User-Generated Contributions

The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services. This includes, but is not limited to, text, writings, videos, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively referred to as “Contributions”).

Your Contributions may be visible to other users of the Services and through third-party websites. As such, any content you submit will be treated according to the Services’ Privacy Policy. When you create or make available any Contributions, you represent and warrant that:

a. The creation, distribution, transmission, public display, performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe upon any proprietary rights, including but not limited to, copyright, patent, trademark, trade secret, or moral rights of any third party.

b. You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services as outlined in these legal terms.

c. You have written consent, release, and/or permission from each identifiable individual in your Contributions to use their name or likeness for inclusion and use of your Contributions in any manner contemplated by the Services.

d. Your Contributions are not false, inaccurate, or misleading.

e. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

f. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.

g. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

h. Your Contributions are not used to harass or threaten any person, and do not promote violence against any specific individual or group.

i. Your Contributions do not violate any applicable law, regulation, or rule.

j. Your Contributions do not violate the privacy or publicity rights of any third party.

k. Your Contributions do not violate any laws concerning child pornography or any laws intended to protect the health and well-being of minors.

l. Your Contributions do not contain any offensive comments related to race, national origin, gender, sexual preference, or physical handicap.

m. Your Contributions do not otherwise violate or link to material that violates any provisions of these legal terms or any applicable law or regulation.

Any use of the Services that violates the above representations and warranties will result in a violation of these legal terms and may lead to the termination or suspension of your rights to use the Services.

11. Contribution License

By submitting any suggestions, feedback, or other contributions to the Services, you grant us permission to access, store, process, and use any information and personal data you provide in accordance with the Privacy Policy and your settings, including any preferences you’ve selected. You also agree that we can use and share your feedback for any purpose, without compensation to you.

We do not claim ownership of your contributions. You retain full ownership of all your contributions and any associated intellectual property or proprietary rights.

However, we are not responsible for any statements or representations made in your contributions provided on the Services. You remain solely responsible for your contributions, and by submitting them, you agree to release us from any liability and waive any legal claims against us related to your contributions.

12. Third-Party Websites and Content

The Services may contain links to or direct you to other third-party websites, which may include articles, photographs, text, graphics, designs, music, sound, video, applications, software, and other content owned or originating from third parties. These third-party websites and content are not monitored, investigated, or verified for accuracy, appropriateness, or completeness by us. We are not responsible for any third-party websites accessed through the Services or any third-party content posted, available, or installed through the Services, including the content’s accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of the third-party websites or content.

The inclusion of links to or use of third-party websites or content does not imply endorsement or approval by us. If you decide to leave the Services and access third-party websites or use/install any third-party content, you do so at your own risk. You should be aware that these Legal Terms no longer govern you, and we advise you to review the applicable terms and policies, including privacy and data gathering practices, of any website or application you access from the Services.

Any purchases you make through third-party websites will be processed by other companies, and we assume no responsibility for such transactions, which are exclusively between you and the third-party provider. You acknowledge that we do not endorse the products or services offered on third-party websites, and you agree to hold us harmless from any harm caused by your purchase of such products or services. Additionally, you agree to hold us blameless for any losses or harm incurred as a result of your interaction with third-party content or websites.

13. Services Management

We reserve the right, but not the obligation, to:

Monitor the Services for violations of these legal terms and take appropriate legal action against anyone who, in our sole discretion, violates the law or these legal terms, including, but not limited to, reporting such violations to law enforcement authorities.
At our sole discretion and without limitation, refuse, restrict access to, limit the ability to use, or disable any of your contributions or any portion of them, to the extent technologically feasible.
At our sole discretion and without limitation, remove from the Services or otherwise disable any files and content that are excessively large or burdensome to our systems.
Manage the Services in a manner that protects our rights and property while ensuring the proper functioning of the Services.

14. Privacy Policy

We are committed to protecting your data privacy and security. Please take a moment to review our Privacy Policy at wildeyemagazine.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these legal terms.

Please note that the Services are hosted in the United States. If you access the Services from a region with laws or regulations governing personal data collection, use, or disclosure that differ from those applicable in the United States, your continued use of the Services constitutes your consent to the transfer of your data to the United States. By doing so, you expressly consent to the processing and storage of your data in the United States.

15. Term and Termination

These legal terms will remain in full effect as long as you use the Services, without limiting any other provision herein. We reserve the right to, at our sole discretion and without notice or liability, deny access to or use of the Services, including blocking certain IP addresses, for any reason, or for no reason at all. This includes, but is not limited to, breaches of any representation, warranty, or covenant within these legal terms or any applicable laws or regulations.

We may terminate your use of the Services, suspend your participation, or delete your account, along with any content or information you’ve posted, at any time and without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from re-registering or creating a new account under your name, a false name, or the name of any third party, even if acting on behalf of that third party.

In addition to terminating or suspending your account, we may pursue any appropriate legal action, including, but not limited to, civil, criminal, and injunctive remedies.

16. Modifications and Interruptions

We reserve the right to change, modify, or remove the content of the Services at any time, or for any reason, at our sole discretion, without notice. However, we are not obligated to update any information on the Services. We also reserve the right to modify or discontinue all or part of the Services without notice, at any time. We will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Services.

We cannot guarantee that the Services will be available at all times. The Services may experience interruptions, delays, or errors due to hardware, software, or other issues, or as a result of necessary maintenance. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time, for any reason, without notice.

You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuation. Nothing in these legal terms will obligate us to maintain or support the Services or to provide any corrections, updates, or releases related to the Services.

17. Governing Law

These legal terms and your use of the Services are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

18. Dispute Resolution

Informal Negotiations:
Before initiating arbitration, both parties agree to first attempt informal negotiations for at least 30 days upon written notice from one party to the other, to resolve any dispute, controversy, or claim arising from these legal terms.

Binding Arbitration:
If the dispute cannot be resolved through informal negotiations, it will be finally and exclusively resolved by binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s supplementary procedures for consumer-related disputes (AAA Consumer Rules). You understand that without this provision, you would have the right to sue in court and have a jury trial.

Arbitration fees and arbitrator compensation will be governed by the AAA Consumer Rules. If the arbitration costs are deemed excessive, we will cover them.
The arbitration can be in person, via phone, or online. The arbitrator’s decision will be made in writing.
The arbitration will take place in California, USA. If the dispute proceeds in court instead of arbitration, it will be handled in California’s state or federal courts.
Any disputes related to the Services must be commenced within one year of the cause of action arising.

Restrictions:

No class action arbitration, and disputes cannot be brought on behalf of others.
Any arbitration will be limited to individual parties involved.

Exceptions to Arbitration:

Disputes regarding intellectual property rights.
Disputes related to theft, piracy, privacy invasion, or unauthorized use.
Claims for injunctive relief.

If this provision is found to be unenforceable, disputes falling under the illegal or unenforceable portion will be resolved by a court of competent jurisdiction in the specified courts, and both parties agree to submit to the jurisdiction of that court.

19. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including but not limited to descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time without prior notice.

20. Disclaimer

The Services are provided on an “as is” and “as available” basis. You agree that your use of the Services will be at your own sole risk, to the fullest extent permitted by law. We disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or mobile applications linked to the Services. We will assume no liability or responsibility for any:

Errors, mistakes, or inaccuracies of content and materials.
Personal injury or property damage of any nature whatsoever resulting from your access to and use of the Services.
Any unauthorized access to or use of our secure servers and/or any and all personal and/or financial information stored therein.
Any interruption or cessation of transmission to or from the Services.
Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party.
Any errors or omissions in any content and materials for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to, or in any way be responsible for monitoring, any transaction between you and any third-party providers of products or services. As with the purchase of any product or service through any medium or in any environment, you should use your best judgment and exercise caution when appropriate.

21. Limitations of Liability

In no event will we, or our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, revenue, data, or other damages arising from your use of the Services. This applies even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the one (1) month period prior to any cause of action arising, or $10 USD.

Certain U.S. state laws and international laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

22. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

Your use of the Services.
Your breach of these legal terms.
Any breach of your own representations and warranties set forth in these legal terms.
Your violation of the rights of a third party, including but not limited to intellectual property rights.
Any overt, harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding, subject to this indemnification, upon becoming aware of it.

23. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of data.

24. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide electronically via email and on the Services satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, as well as to the electronic delivery of such notices, policies, and records of transactions initiated or completed by us or through the Services.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.

25. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at:

1625 North Market Boulevard, Suite N 112
Sacramento, California 95834

Or by telephone at:
800-952-5210 or 916-445-1254

26. Miscellaneous

These legal terms, along with any policies or operating rules posted by us on the Services or in respect to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these legal terms shall not operate as a waiver of such right or provision. These legal terms will be enforced to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these legal terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these legal terms and does not affect the validity or enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these legal terms or the use of the Services. You agree that these legal terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these legal terms and the lack of a physical signature by the parties to execute these legal terms. Please contact us at:

Wild Eye Magazine
566 Lighthouse Avenue
Pacific Grove, California 93950
United States
support@wildeyemagazine.com