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Wildlight Entertainment: Highguard Terms of Use
Last updated: 1/26/2026
These Terms of Use (or “Terms”) explain what you can and cannot do with the Highguard Services (which we explain below). Because we know legal wording is not much fun, we have included a short and informal summary at the start of each section, but the summary language is not legally binding; only the full version is legally binding. We have also set out directly below a very brief summary of some of the key sections in these Terms that we particularly want to draw your attention to. Again though, it is very important that you read, understand and agree to the whole Terms and not only rely on the short summary below.
A quick summary:
These are the terms and conditions for Wildlight’s game Highguard and related products and services (which we call the Highguard Services – see section 1.2 below for how we define this). In particular, please note the following:
· Rules and Termination. There are rules (and consequences) regarding what you can and cannot do with the Highguard Services, and in some situations these also apply outside the Highguard Services (please see section 3 below). In particular, if you are banned (e.g. for cheating or collaborating with cheaters), then you will lose access to Highguard and any in-game purchases. Please see section 8 which tells you how you and we can terminate these Terms.
· Liability and disputes. There are rules and limits on liability and rules on dispute resolution (including mandatory arbitration and waiver of jury trial for claims brought in the USA) – see sections 7 and 9.
IMPORTANT NOTICE FOR PLAYERS IN THE UNITED STATES: PLEASE READ THESE TERMS OF USE CAREFULLY - THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE WAIVERS OF RIGHTS AND LIMITATIONS OF LIABILITY. THEY ALSO REQUIRE DISPUTES BETWEEN YOU AND US TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND REQUIRE YOU TO WAIVE ANY RIGHT TO A JURY TRIAL, CLASS ACTIONS OR PROCEEDINGS, AND ANY OTHER COURT PROCEEDING OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THESE TERMS. THE FULL TERMS OF THE ARBITRATION AGREEMENT ARE BELOW.
1. About these Terms
SUMMARY: We’re Wildlight Entertainment! These Terms apply to our game Highguard and other related products and services. This is a legally binding document, and we can change both it and Highguard as we set out below.
1.1. What are these Terms? These Terms are a legally binding contract between you and Wildlight Entertainment Inc. (incorporated and registered in the USA with registered address of 21650 Oxnard Street, Woodland Hills, CA91367, USA) (“Wildlight” or “we” or “our”).
1.2. What does these Terms apply to? Our game Highguard, any game keys or codes, Virtual Currency and Virtual Items (defined below), plus all other Highguard products and services (e.g. player accounts, customer and technical support, wikis, blogs and social media services) – we will refer to “Highguard Services” to cover all of these things.
1.3. When do these Terms apply to you? As soon as you download, install or use any of the Highguard Services. If you do not agree to it, please do not use any of the Highguard Services.
1.4. What happens if we change these Terms and/or the Highguard Services?
a. We may change these Terms and/or change, patch or update the Highguard Services (including in relation to Virtual Items and/or Virtual Currency – defined below) from time to time, for example: (i) to reflect changes in applicable laws or regulations; (ii) to adapt to developments in technology (including security); (iii) to adapt to changes in market conditions, business practice, game balance or player behaviour; (iv) due to licensing changes; and (v) for your benefit or advantage. Changes and updates to the Highguard Services may result in mandatory and/or automatic updates. Therefore, older, non-updated versions may become unusable and unsupported over time as a result. We may also stop supporting older devices / platforms over time.
b. For non-significant changes to the Terms, we will make the amended version available on our website and/or on the Highguard store pages. For significant changes to the Terms, these will be notified to you reasonably in advance unless we are unable to (for example in the event of an urgent change). Changes will come into effect as soon as they go live (for small changes) or following the expiry of a notice period (if they are significant). If you do not agree to those changes, then unfortunately you must cease using the Highguard Services; in order to make the Highguard Services work properly we need to have everyone using them under the same rules instead of different people having different rules.
1.5. Are there any other important documents you should read? Please also read the Highguard Privacy Policy: https://www.wildlight.gg/privacy-policy.
2. Using the Highguard Services
SUMMARY: you’ll need a Wildlight account to play Highguard, and you also may be required to set up an account with the platform / device you’re playing on too. You need to be at least 13 years old to use the Highguard Services. If you’re between 13 and 18 years old, you need parental permission. Please keep your account secure!
2.1. Does Highguard have player accounts?
a. Yes, in order to access Highguard you will need one of our player accounts; these are created automatically the first time you log-in to Highguard and are linked to the platform account you use (e.g. your account with Steam, PlayStation or Xbox). If you do not have a platform account, then you will need to create one in order to access Highguard. Once your platform account is linked to your Highguard account, you can only unlink it by contacting customer support (support@wildlight.gg).
b. You are responsible for protecting your player account and for activities on your account. Since your Highguard account is linked to your platform account, you must keep your platform account and password secure and never share these details with other people. We recommend you make use of any other security precautions the platforms recommend – e.g. two-factor authentication – where this is available. In order to protect the Highguard Services, players and Wildlight itself, we reserve the right if necessary to reject any player account if it would breach these Terms or other applicable rules.
2.2. Are there any age restrictions? Legally, you must be at least 13 years old to use the Highguard Services. If you are between 13 and 18 years old (or whatever the age of adulthood is in your country), please ask your parent or guardian to review and approve these Terms and to supervise your use of the Highguard Services. By agreeing to these Terms, you represent and warrant that you are over 18 years old or you are the adult legal guardian of the underage account holder (who is still above 13 years old). Highguard may also have an age rating, which you should review before you download the game.
2.3. Are there any technical requirements or restrictions?
a. The Highguard Services will have minimum requirements depending on your chosen device / platform. It is your responsibility to ensure you meet these requirements before downloading or using the Highguard Services. To access online parts of the Highguard Services you will need internet access too – again, this is your responsibility and at your cost.
b. In order to protect the Highguard Services, Wildlight and its players (and to enforce these Terms), Wildlight may deploy anti-cheat and/or other software tools that run in the background of your device or related devices / peripherals when you use the Highguard Services.
2.4. Will there be content or access from third parties?
a. The Highguard Services may be distributed on platforms operated by third parties, in which case you may also need accounts with those third parties too. Again, your use of them is your responsibility – and we cannot promise that they will work, what they will be like or if they are free.
b. You might also get links from us to third party websites or content through the Highguard Services. While we try and exercise reasonable caution here, but we are not responsible for their content.
2.5. Are there any health & safety concerns to be aware of? Please be aware that the Highguard Services may contain flashing images, which may potentially trigger seizures for people with epilepsy. Player discretion is advised.
3. Rules for the Highguard Services
SUMMARY: this section sets out the rules you must follow for using the Highguard Services – e.g. no hacking, cheating, griefing or harmful conduct. Breaking these rules could result in you being suspended or banned from the Highguard Services (temporarily or permanently), including losing access to any virtual currency and items you have purchased.
3.1. In order to use the Highguard Services, we require certain rules to be followed, not limited to the following. Please read these rules carefully since failure to follow them (or any attempt to breach them) will be considered a material breach of these Terms, which could lead to the suspension or termination (temporary or permanent) of your access to the Highguard Services – see section 8.2(a). Here are the rules:
a. Personal Enjoyment. Only use the Highguard Services for your personal enjoyment and not for any commercial or political purposes. The only exception to this is that you are allowed to stream or create videos of Highguard gameplay, which can be monetised through standard advertising offerings on the relevant platform (e.g. YouTube, Twitch), provided you follow all other rules.
b. Hacking and Griefing. Do not hack, harm, grief, harass, threaten or misuse the Highguard Services, other players, or Wildlight’s other products, games, services, community members or staff.
c. Cheating. Do not create, use, promote, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools or other software that interact with or affect the Highguard Services in any way (including, without limitation, any unauthorised third party programs that intercept, emulate, or redirect any communication between Wildlight or its partners and the Highguard Services and/or any unauthorised third party programs that collect information about the Highguard Services by reading areas of memory used by Highguard Services to store information). Encouraging cheating or knowingly playing or collaborating with cheaters (even if you’re not cheating yourself) will also be considered a breach of these Terms.
d. Conduct. Do not do or say anything that is or may be considered illegal, threatening, racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory or otherwise harmful, offensive or illegal. This includes in any chat or other communications with players. Wildlight reserves the right to monitor the content of your communications within Highguard and prevent your use of any such communication systems. Please report any behaviour you think is in breach of this rule by sending a message to support@wildlight.gg, or if the behaviour is occurring in Highguard, please report the player using Highguard’s in-game reporting functionality.
e. Restricted Access. Do not copy, rent, sell, lend, lease, sublicense, distribute, publish or publicly display the Highguard Services, Virtual Items, Virtual Currency (defined below), any player account or any of your rights under these Terms to any other party in any way not expressly authorised under these Terms.
f. Technical Misuse. Do not modify, merge, distribute, translate, reverse engineer, or obtain or use source code of, decompile or disassemble the Highguard Services unless you are specifically allowed by applicable law.
g. Account Misuse. Do not share, ‘buy’, ‘sell’, transfer, gift, lend, steal or misappropriate the Highguard Services (including any user accounts or access keys / codes - all of which are our property) – including without limitation for the purposes of account boosting or smurfing. If you are concerned that any of this has happened to you, contact customer support at support@wildlight.gg.
h. Interference with Highguard Services. Do not deliberately or maliciously interrupt or interfere with Highguard Services like customer or technical support or impersonate Wildlight staff.
i. Interfering with Servers. Do not interfere with or disrupt Wildlight or third party network software or servers, including via tunnelling, code injection or insertion, denial of service, modifying or changing the software, using any other similar software together with Wildlight’s software, through protocol emulation, or through creation or use of private servers or any analogous services regarding the Highguard Services.
j. Accessing Servers. Do not access areas of the Highguard Services or servers that have not been made available to the public.
k. Data Mining. Do not intercept, mine or otherwise collect data or information from the Highguard Services using unauthorised third-party software.
l. Accounts and Virtual Content. Only use user accounts, Virtual Items and Virtual Currency (defined below) for their intended purpose.
m. Names / Trade Marks. Do not use Wildlight, the names of any Highguard Services or other Wildlight names or logos or trademarks for any unauthorised purposes.
n. Infringing Content. Do not do anything in connection with the Highguard Services that infringes any copyright, trade mark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information.
o. Malicious Code. Do not post or upload any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of the Highguard Services.
p. Geographic / Regional Restrictions. You must follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding the Highguard Services.
3.2. We use both human moderators and technological means to uphold our rules. If you think that we have made an error regarding any suspension or cancellation, please contact us as set out in section 8.3(b).
3.3. To the extent permitted by applicable law, the rules in section 3.1 apply not only to the Highguard Services but also if you create User Generated Content or engage with Wildlight or its staff in any way (e.g. via our website, social media or at in-person events). For example, Highguard may take action against you if you harass, threaten or grief our staff on social media or via support tickets, or if you create a livestream or video of Highguard that promotes cheating or hacking.
3.4. If you or someone you know through the Highguard Services is at risk of self-harm or suicide, please seek help as soon as possible by contacting agencies specialising in crisis intervention and suicide prevention.
4. Ownership of the Highguard Services
SUMMARY: Highguard Services are either owned or licensed by Wildlight. None of the Highguard Services may be used to train AI models, software or tools.
4.1. Who owns the Highguard Services? The Highguard Services, including (but not limited to) their visual components, characters, story, items, music, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data, tools and all other content and all intellectual property rights and other legal and exploitation rights regarding them, are either owned by us or we license them from third parties. All rights in the Highguard Services are reserved except as explained in these Terms. No ownership right or interest or other rights in the Highguard Services or any part of it is transferred to you. The Highguard Services and their intellectual property rights are protected by copyright, trade mark and other intellectual property laws worldwide. We give you a personal, limited, revocable, non-exclusive, non-transferable and non-assignable licence to display, view, download, install, play and use the Highguard Services on authorised devices / platforms. This licence is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else) and does not give you any ownership rights in the Highguard Services. We own or license all Highguard Services, as well as all Virtual Currency and Virtual Items.
4.2. What is our position on AI training? Wildlight, as the legal entity which owns and/or otherwise controls all the relevant intellectual property rights, including copyright, in the works of Wildlight (including without limitation the Highguard Services), hereby exercises its reservation of rights under Article 4(3) of the EU Directive 2019/790 with respect to text and data mining as defined in Article 2(2) of the same Directive, including but not limited to, using the copyright and related right protected works and subject matters of Wildlight, for training, fine-tuning AI models, systems or applications, or any similar activities, now known or hereinafter devised. This reservation of rights applies equally to similar legislative provisions in other jurisdictions now in force or hereinafter enacted to the extent relevant.
5. User Generated Content and Your Feedback
SUMMARY: if you create content based on the Highguard Services and/or share it on the Highguard Services, you are responsible for it. You also give us a license to it so we can share it in the Highguard Services. If you provide us with any suggestions or feedback, then this is without obligations or liability to you.
5.1. What is our position on ‘user generated content’? The Highguard Services may give you the ability to create and share content (for example to share text, art, videos or links with users) – we will call this “User Generated Content”. If you do share User Generated Content, then it is at your responsibility and risk. We have the right (but not the obligation) to check and remove any inappropriate, harmful or illegal User Generated Content. But to be clear: we do not assume any responsibility or liability for User Generated Content. As far as we and you are concerned, you own any User Generated Content you created but we need you to give us certain rights over it so that we can actually transmit it via the Highguard Services. So, when you make your User Generated Content available through the Highguard Services, you give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with the Highguard Services.
5.2. Does Wildlight accept suggestions or feedback? You are welcome to give us feedback and suggestions to improve the Highguard Services (“Feedback”) – in such case you can contact us at support@wildlight.gg. We appreciate your Feedback, but we may choose not to use or accept them at our discretion. You give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your Feedback. In any event Feedback will be received by us without any obligations or liability to you, financial or otherwise.
6. Virtual Items and Virtual Currency
SUMMARY: you may be able to buy and/or otherwise obtain in-game items such as cosmetics or other enhancements – there are additional rules for these. They do not have any “real world” monetary value and you cannot buy, sell or trade these with other players.
6.1. Do the Highguard Services offer virtual items or virtual currencies? Certain Highguard Services may let you purchase and/or otherwise obtain (for example, by completing in-game objectives) virtual, in-game digital items and content including, for example, cosmetic and in-game enhancements and other downloadable content (“Virtual Items”). You may at our discretion be able to purchase a right to use certain Virtual Items with “real world” money and/or virtual currency (which you may be able to earn by playing the game and/or purchase with “real world” money) (we will call this “Virtual Currency”). We are the sole provider and issuing authority regarding Virtual Items and Virtual Currency and only Highguard Services players can use them.
6.2. Are there any additional payment requirements you should know about? If you buy Virtual Items and/or Virtual Currency, you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase. You are responsible for ensuring that you have authorisation to purchase Virtual Items and/or Virtual Currency, which includes obtaining account holder/parent/guardian approval if applicable. You may not make fraudulent charge-back or refund requests. You are responsible for applicable fees and taxes. All payments are non-refundable and non-transferable except as expressly provided in these Terms.
6.3. What are the legal requirements regarding Virtual Items and Virtual Currency? Virtual Items and Virtual Currency are digital items only with no cash-value or real-world existence and cannot be ‘bought’, ‘sold’, gifted, transferred or redeemed, whether or not for other Virtual Items, Virtual Currency, ‘real world’ money, goods, services or items of monetary value. Trading Virtual Items or Currency is prohibited (unless we specifically permit otherwise in the applicable Highguard Services). The right to use any Virtual Items and Virtual Currency that you obtain is limited to a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable licence to use such Virtual Items and Virtual Currency solely for your personal entertainment and non-commercial use in the relevant Highguard Service only. You have no property interest or right or title in any Virtual Items or Virtual Currency, which remain Wildlight’s property. Wildlight reserves the right to reverse, change or amend Virtual Items or Virtual Currency transactions or other matters if necessary to protect the Highguard Services and/or to enforce these Terms.
6.4. Will these Virtual Items or Virtual Currency expire or be revoked? Virtual Items and Virtual Currency may expire if stated in the Highguard Services (for example, some Virtual Items or Virtual Currency may be limited to certain seasonal events). We are not obliged to provide Virtual Items or Virtual Currency to you. Wildlight reserves the right to revoke from players (without notice or compensation) any Virtual Items and/or Virtual Currency that have been obtained by players as a result of breaching one or more of the rules set out in section 3.1.
6.5. Will Virtual Items or Virtual Currency ever change? The existence of a particular offer for Virtual Items or Virtual Currency is not a commitment by us to maintain or continue to make the Virtual Items or Virtual Currency or that offer available in the future. We may change or amend the Virtual Items or Virtual Currency as we set out in section 1.4(a) – where you have already paid for Virtual Items or Virtual Currency you may be entitled to a full or partial refund.
6.6. Can you refund purchases of Virtual Items or Virtual Currency? Your refund rights will depend on the terms of any applicable device / platform via which you access the Highguard Services on.
7. Liability
SUMMARY: there are some situations where we may be legally responsible to each other. These positions differ depending on whether you’re in the EU or UK (section 7.3) or outside the EU or UK (section 7.4).
7.1. Our warranties (promises) to you. We represent and warrant that: (a) we have the right to enter into these Terms and to grant you the licence to use the Highguard Services in section 2; (b) we will provide the Highguard Services with reasonable care and skill; and (c) we will use reasonable efforts to comply with applicable laws under these Terms.
7.2. Your warranties (promises) to us. You represent and warrant that you have the full power and ability to enter into these Terms and will follow fully its terms. You also represent and warrant that any User Generated Content does not infringe upon the Intellectual Property Rights of any third party. You further represent and warrant that you will not use or contribute User Generated Content that is illegal, harmful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful or racist.
7.3. Limitation of liability (EU and UK).
a. This section applies to you if you are resident in the United Kingdom or European Union. If you are resident in the United States of America or other non-UK/EU territory, please see section 7.4 below.
b. We do not exclude or limit (or seek to exclude or limit) our liability to you where it would be unlawful to do so. This includes our liability for:
(i) death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors);
(ii) fraud or fraudulent misrepresentation;
(iii) breach of your statutory rights as a consumer; or
(iv) other liability which may not be excluded by applicable law.
c. We only supply the Highguard Services for domestic and private use. If you use the Highguard Services for any commercial, business or re-sale purposes we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.
d. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms, or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Terms were agreed to, both we and you knew it might happen. We are not responsible for any loss or damage that is not foreseeable.
e. If the Highguard Services damage a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or have in place the advised minimum technical requirements.
f. Subject always to 9.1(a-e inclusive) above: (i) the total liability of Wildlight (and its group companies) arising out of or in connection with these Terms will not exceed the total amount you have paid to us under these Terms during the twelve (12) months immediately prior to the event which caused the liability; and (ii) the Highguard Services are provided on an “as is” basis and we make no specific warranty or representation in relation to the quality, completeness or accuracy of the Highguard Services.
g. For the avoidance of doubt, Wildlight (and its group companies) will not be responsible or liable for any damage caused to your device or other digital content in the event you configure your hardware outside the manufacturer’s specification (e.g. overclocking) or as a result of tampering or modifying the Highguard Services in breach of these Terms.
7.4. Limitation of liability (USA and non-UK and EU countries).
a. The following section applies to players in the USA and other non-EU and UK countries.
b. OUR DISCLAIMERS.
(i) THE HIGHGUARD SERVICES (INCLUDING ANY UPDATES) ARE PROVIDED TO YOU ON AN "AS IS", “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE HIGHGUARD SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT HIGHGUARD WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WILDLIGHT, ITS AFFILIATES, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE OR ‘LOSS’ RELATING TO THE HIGHGUARD SERVICES. YOU UNDERSTAND THAT CERTAIN PORTIONS OF THE HIGHGUARD SERVICES ARE MADE POSSIBLE BY THIRD PARTIES. YOU AGREE THAT WILDLIGHT DOES NOT CONTROL ANY THIRD PARTIES AND WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR HARM THAT THEY CAUSE EITHER DIRECTLY OR INDIRECTLY.
(ii) TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WILDLIGHT, ITS AFFILIATES, PARTNERS AND LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR INDEPENDENT CONTRACTORS, BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES, OR (2) DAMAGES ARISING FROM INTERRUPTIONS; DELETION OF FILES, EMAIL, OR DATA; SYSTEM ERROR, FAILURE OR MALFUNCTION; VIRUSES; DELAYS IN OPERATION OR TRANSMISSION; OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL; OR (3) YOUR MISUSE OF THE HIGHGUARD SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE HIGHGUARD SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
c. OUR LIABILITY CAP.
(i) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE HIGHGUARD SERVICES OR THESE TERMS EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S).
(ii) IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
d. YOUR INDEMNITY TO US.
IF SOMEONE SUES WILDLIGHT, ITS AFFILIATES, OR LICENSORS, YOU MAY HAVE TO PAY FOR THEIR DEFENSE AND LEGAL FEES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ON DEMAND WILDLIGHT, ITS AFFILIATES, LICENSORS AND PARTNERS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR INDEPENDENT CONTRACTORS, FROM AND AGAINST ANY AND ALL CLAIMS ASSERTED AGAINST ANY OF THEM ARISING OUT OF OR RELATING YOUR USE OR ACTUAL OR ALLEGED MISUSE OF THE HIGHGUARD SERVICES, VIOLATION OF THESE TERMS, OR YOUR NEGLIGENCE OR MISCONDUCT. THIS APPLIES TO ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING LEGAL FEES AND COSTS, ARISING FROM SUCH CLAIMS. IF CLAIMS ARE BROUGHT AGAINST US, THEN YOU WILL COOPERATE FULLY WITH US AND WE RESERVE THE RIGHT TO TAKE OVER THEIR DEFENCE SUBJECT TO INDEMNIFICATION BY YOU. YOU WILL NOT SETTLE ANY SUCH CLAIMS WITHOUT OUR PRIOR WRITTEN CONSENT.
e. INJUNCTIVE RELIEF.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY LOSS, DAMAGE OR HARM YOU SUFFER ARE NOT IRREPARABLE, AND OTHER REMEDIES WILL BE ADEQUATE, SUCH THAT YOU ARE NOT ENTITLED TO INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST US.
f. Residents of California. If you reside in the state of California you are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254.
8. Termination
SUMMARY: you can terminate these Terms by stopping all use of the Highguard Services. We may terminate or suspend (temporarily or permanently) your access to any / all of the Highguard Services if you seriously breach these Terms. See section 8.3 in relation to appeals.
8.1. When and how can you terminate these Terms? You can terminate these Terms at any time by permanently stopping use of all Highguard Services. Termination will not affect already existing rights or obligations of us or you.
8.2. When can we suspend or terminate your access to the Highguard Services?
a. We may cancel or suspend (temporarily or permanently) your access to any and/or all of the Highguard Services (including access to Virtual Items and/or Virtual Currency) if you materially breach these Terms (e.g. the rules in section 3 above or any other breach which is serious and/or which could cause real harm to Wildlight, its staff, the Highguard Services or other Highguard Services players. If we cancel or suspend your account in this way we will not have any obligations or liabilities to you at all.
b. If Wildlight decides itself to stop providing any Highguard Services permanently, we will try to give you at least sixty (60) days’ notice.
8.3. Can players appeal their bans?
a. If your ban has been issued by Easy Anti-Cheat and you would like to appeal, please visit: https://www.easy.ac/en-us/support/game/contact/appeal/.
b. If your ban or other sanction has been issued by Wildlight and you would like to appeal, please email support@wildlight.gg.
9. Dispute Resolution
SUMMARY: any legal queries, complaints or claims regarding these Terms are under English law and jurisdiction for all players, except those who are based in the USA – where Disputes with Wildlight Parties are set out in section 9.2.
9.1. Governing law and disputes (applies to all players except those based in the USA).
a. You and we agree that your use of the Highguard Services, and these Terms, and any issues arising out of them, will be governed by and interpreted according to the laws of England and any dispute regarding it will be under the jurisdiction of the courts of England. This does not exclude any mandatorily applicable rules or remedies which would be available to you in a legal claim brought under the law of your country of residence. Notwithstanding the foregoing, if you have a Dispute (defined below) with Wildlight Parties (also defined below) that arises under U.S. law, that Dispute must be resolved through individual arbitration in accordance with section 9.2 below.
b. We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally - you can contact us at legal@wildlight.gg. Normally we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. If it is not resolved during this time, the next steps depend on where you live. Notwithstanding the foregoing, you and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a claim against Wildlight, you should address it to legal@wildlight.gg.
9.2. Governing law and disputes – mandatory arbitration and class action waiver (applies to all players based in the USA).
a. THIS SECTION 9.2. IS ONLY APPLICABLE TO PLAYERS IN THE UNITED STATES, OR PLAYERS THAT HAVE A DISPUTE WITH WILDLIGHT PARTIES THAT ARISES UNDER U.S. LAW. PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
b. MANDATORY INDIVIDUAL ARBITRATION.
(i) Any dispute, claim, or controversy between you and Wildlight, and Wildlight’s predecessors in interest, successors, parents, subsidiaries, affiliates, and assigns, as well as each of their respective past, present, and future employees, directors, officers, shareholders, independent contractors, parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns (collectively, “Wildlight Parties”), including but not limited to disputes, claims, or controversies related to or arising from the Highguard Services, or these Terms, including, without limitation, those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of these Terms and this Arbitration Agreement (collectively “Dispute”), whether such Dispute arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure set forth below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold issues, including issues relating to whether there is a validly formed contract, whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.
(ii) Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and Wildlight Parties each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other IP rights. Any legal action by Wildlight Parties against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.
(iii) If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.
(iv) If any Dispute is determined not to be subject to arbitration or resolution in small claims court, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the federal or state courts of competent jurisdiction in New York, the State of New York, and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice or conflict of law principles.
(v) If you or Wildlight Parties files or causes to be filed in court (other than small claims court) a complaint alleging a Dispute that is subject to arbitration under this Arbitration Agreement, the defendant/respondent will notify the party or the party’s attorney (if an attorney has entered an appearance) of the existence of this Arbitration Agreement, and request that the complaint be withdrawn. If the party does not withdraw the action within 10 calendar days of service of that notice, and the defendant/respondent successfully moves to compel arbitration of the Dispute, the defendant/respondent shall be entitled to its costs and fees (including reasonable attorneys’ fees) incurred in seeking to enforce this Arbitration Agreement.
c. CLASS ACTION / JURY TRIAL WAIVER.
(i) You and Wildlight Parties agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, private attorney general, representative, or consolidated proceeding. This means that you and Wildlight Parties may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim.
(ii) Unless both you and Wildlight Parties agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, representative, or consolidated proceeding. Notwithstanding the foregoing, you or Wildlight Parties may participate in a class-wide settlement.
d. OPT-OUT PROCEDURES.
(i) To opt out of this Arbitration Agreement, you must send us a written notice (“Opt-Out Notice”) by email at legal@wildlight.gg within 30 days from the date that you first agree to these Terms (the “Opt-Out Period”). The Opt-Out Notice must contain your full legal name, your complete mailing and email address, the platform account username you use for Highguard, and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement, and you will be bound by this Arbitration Agreement which shall supersede and replace in its entirety all previous versions of Wildlight Parties’ arbitration agreements and class action provisions.
(ii) If you opt out of this Arbitration Agreement, all other provisions of this Agreement will continue to apply to you. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions. If you timely provide Wildlight Parties with a valid Opt-Out Notice, and you are not bound to any previous or other arbitration agreements with Wildlight Parties, all Disputes between you and Wildlight Parties shall be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in New York, the State of New York, and all Disputes shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice or conflict of law principles.
(iii) If Wildlight Parties make any future changes to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), Wildlight Parties will provide you with notice (to the extent we have your contact information). You may reject any such change by sending an email to Wildlight Parties at legal@wildlight.gg within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) the change(s) you are rejecting, (v) and, if applicable, your username or email address associated with any purchase or download for the Highguard Services. This is not an opt out of arbitration altogether. Your continued use of the Highguard Services after this 30-day period constitutes acknowledgment of, and agreement to, the changes to the Arbitration Agreement.
e. RULES AND GOVERNING LAW.
(i) Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: In the event of a Dispute, you and Wildlight Parties each agree to send the other party a written Notice of Dispute. A Notice of Dispute from you to Wildlight Parties must be emailed to legal@wildlight.gg. Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) any relevant facts regarding claimant’s use of the Highguard Services, and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice of Dispute. The Notice of Dispute must be individualized, meaning it can concern only your dispute and no other person’s dispute. Wildlight Parties will send any Notice of Dispute to you at the email address or mailing address it has for you, if any.
(ii) After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution.
(iii) Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and Wildlight Parties have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.
(iv) If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and Wildlight Parties each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Disputes through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator.
(v) The arbitration will be administered by the AAA under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules (available at http://www.adr.org), as modified by this Agreement. The arbitration shall be conducted in English by a single arbitrator with substantial experience in intellectual property and commercial contract disputes, selected pursuant to AAA rules. The arbitration hearing may be conducted through the submission of documents, by phone, or in person, and must commence within thirty (30) days from the appointment of the arbitrator, unless otherwise agreed by you and Wildlight. Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as appropriate.
(vi) If you seek US $10,000 or less, Wildlight will reimburse your filing fee and your share of the arbitration costs (but not your attorney’s fees or expert witness fees), at the end of the arbitration, unless the arbitrator decides your claims are without merit or your costs are unreasonable. Wildlight will only seek its legal fees and costs if it prevails and the arbitrator determines your claims are meritless. If you seek more than US $10,000, then the arbitration costs, including arbitrator compensation, will be split between you and Wildlight per the applicable AAA rules.
f. SEVERABILITY AND SURVIVAL.
(i) If any provision of this Arbitration Agreement, or a portion thereof, is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein. Notwithstanding the foregoing, if any court or arbitrator determines that the Class Action/Jury Trial Waiver set forth in this Arbitration Agreement is void or unenforceable for any reason, or that your Dispute can proceed on a class, collective, representative, or consolidated basis, then, after the exhaustion of all appeals of that determination, you and Wildlight Parties shall be deemed not to have agreed to arbitrate Disputes, and your Dispute must be litigated in a federal or state court of competent jurisdiction in New York, the State of New York, and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice or conflict of law principles.
(ii) This Arbitration Agreement shall survive termination of these Terms. Except as provided in the opt-out provisions set forth above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with Wildlight Parties.
10. Platform Terms
SUMMARY: for the avoidance of doubt, Wildlight provides the Highguard Services, and not any of the platforms.
10.1. These Terms are between you and Wildlight, and are not between you and any of the platforms that Highguard operates on (including without limitation PlayStation, Xbox, Steam) (the “Platforms”). Wildlight is solely responsible for the Highguard Services.
10.2. Your use of the Highguard Services may be subject to the Platforms own terms – for example, the license you are granted to use the Highguard Services on specific devices.
11. Other Legal Matters
SUMMARY: this section sets out a few extra (hopefully self-explanatory) rules on how these Terms work. For example, these Terms are just between you and us and there may be certain situations where these Terms need to be moved to another company.
11.1. If any parts of these Terms are found not to be legally enforceable, this will not affect any other part of them.
11.2. These Terms does not create any rights for anyone else, other than Wildlight’s affiliates, which shall be considered third party beneficiaries of these Terms.
11.3. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls.
11.4. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to the Highguard Services or these Terms.
11.5. We can assign, subcontract or transfer these Terms to a third party or another member of our group if necessary for the support of the Highguard Services, as part of any reorganisation or merger, or for other business reasons provided that this does not negatively affect your rights under these Terms (or alternatively with your consent).
11.6. No failure or delay by us or you to exercise any right or remedy provided under these Terms or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy.
11.7. These Terms do not create any exclusive relationship between us nor any partnership, joint venture, employment or agency.
Last updated: 1/26/2026
These Terms of Use (or “Terms”) explain what you can and cannot do with the Highguard Services (which we explain below). Because we know legal wording is not much fun, we have included a short and informal summary at the start of each section, but the summary language is not legally binding; only the full version is legally binding. We have also set out directly below a very brief summary of some of the key sections in these Terms that we particularly want to draw your attention to. Again though, it is very important that you read, understand and agree to the whole Terms and not only rely on the short summary below.
A quick summary:
These are the terms and conditions for Wildlight’s game Highguard and related products and services (which we call the Highguard Services – see section 1.2 below for how we define this). In particular, please note the following:
· Rules and Termination. There are rules (and consequences) regarding what you can and cannot do with the Highguard Services, and in some situations these also apply outside the Highguard Services (please see section 3 below). In particular, if you are banned (e.g. for cheating or collaborating with cheaters), then you will lose access to Highguard and any in-game purchases. Please see section 8 which tells you how you and we can terminate these Terms.
· Liability and disputes. There are rules and limits on liability and rules on dispute resolution (including mandatory arbitration and waiver of jury trial for claims brought in the USA) – see sections 7 and 9.
IMPORTANT NOTICE FOR PLAYERS IN THE UNITED STATES: PLEASE READ THESE TERMS OF USE CAREFULLY - THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE WAIVERS OF RIGHTS AND LIMITATIONS OF LIABILITY. THEY ALSO REQUIRE DISPUTES BETWEEN YOU AND US TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND REQUIRE YOU TO WAIVE ANY RIGHT TO A JURY TRIAL, CLASS ACTIONS OR PROCEEDINGS, AND ANY OTHER COURT PROCEEDING OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THESE TERMS. THE FULL TERMS OF THE ARBITRATION AGREEMENT ARE BELOW.
1. About these Terms
SUMMARY: We’re Wildlight Entertainment! These Terms apply to our game Highguard and other related products and services. This is a legally binding document, and we can change both it and Highguard as we set out below.
1.1. What are these Terms? These Terms are a legally binding contract between you and Wildlight Entertainment Inc. (incorporated and registered in the USA with registered address of 21650 Oxnard Street, Woodland Hills, CA91367, USA) (“Wildlight” or “we” or “our”).
1.2. What does these Terms apply to? Our game Highguard, any game keys or codes, Virtual Currency and Virtual Items (defined below), plus all other Highguard products and services (e.g. player accounts, customer and technical support, wikis, blogs and social media services) – we will refer to “Highguard Services” to cover all of these things.
1.3. When do these Terms apply to you? As soon as you download, install or use any of the Highguard Services. If you do not agree to it, please do not use any of the Highguard Services.
1.4. What happens if we change these Terms and/or the Highguard Services?
a. We may change these Terms and/or change, patch or update the Highguard Services (including in relation to Virtual Items and/or Virtual Currency – defined below) from time to time, for example: (i) to reflect changes in applicable laws or regulations; (ii) to adapt to developments in technology (including security); (iii) to adapt to changes in market conditions, business practice, game balance or player behaviour; (iv) due to licensing changes; and (v) for your benefit or advantage. Changes and updates to the Highguard Services may result in mandatory and/or automatic updates. Therefore, older, non-updated versions may become unusable and unsupported over time as a result. We may also stop supporting older devices / platforms over time.
b. For non-significant changes to the Terms, we will make the amended version available on our website and/or on the Highguard store pages. For significant changes to the Terms, these will be notified to you reasonably in advance unless we are unable to (for example in the event of an urgent change). Changes will come into effect as soon as they go live (for small changes) or following the expiry of a notice period (if they are significant). If you do not agree to those changes, then unfortunately you must cease using the Highguard Services; in order to make the Highguard Services work properly we need to have everyone using them under the same rules instead of different people having different rules.
1.5. Are there any other important documents you should read? Please also read the Highguard Privacy Policy: https://www.wildlight.gg/privacy-policy.
2. Using the Highguard Services
SUMMARY: you’ll need a Wildlight account to play Highguard, and you also may be required to set up an account with the platform / device you’re playing on too. You need to be at least 13 years old to use the Highguard Services. If you’re between 13 and 18 years old, you need parental permission. Please keep your account secure!
2.1. Does Highguard have player accounts?
a. Yes, in order to access Highguard you will need one of our player accounts; these are created automatically the first time you log-in to Highguard and are linked to the platform account you use (e.g. your account with Steam, PlayStation or Xbox). If you do not have a platform account, then you will need to create one in order to access Highguard. Once your platform account is linked to your Highguard account, you can only unlink it by contacting customer support (support@wildlight.gg).
b. You are responsible for protecting your player account and for activities on your account. Since your Highguard account is linked to your platform account, you must keep your platform account and password secure and never share these details with other people. We recommend you make use of any other security precautions the platforms recommend – e.g. two-factor authentication – where this is available. In order to protect the Highguard Services, players and Wildlight itself, we reserve the right if necessary to reject any player account if it would breach these Terms or other applicable rules.
2.2. Are there any age restrictions? Legally, you must be at least 13 years old to use the Highguard Services. If you are between 13 and 18 years old (or whatever the age of adulthood is in your country), please ask your parent or guardian to review and approve these Terms and to supervise your use of the Highguard Services. By agreeing to these Terms, you represent and warrant that you are over 18 years old or you are the adult legal guardian of the underage account holder (who is still above 13 years old). Highguard may also have an age rating, which you should review before you download the game.
2.3. Are there any technical requirements or restrictions?
a. The Highguard Services will have minimum requirements depending on your chosen device / platform. It is your responsibility to ensure you meet these requirements before downloading or using the Highguard Services. To access online parts of the Highguard Services you will need internet access too – again, this is your responsibility and at your cost.
b. In order to protect the Highguard Services, Wildlight and its players (and to enforce these Terms), Wildlight may deploy anti-cheat and/or other software tools that run in the background of your device or related devices / peripherals when you use the Highguard Services.
2.4. Will there be content or access from third parties?
a. The Highguard Services may be distributed on platforms operated by third parties, in which case you may also need accounts with those third parties too. Again, your use of them is your responsibility – and we cannot promise that they will work, what they will be like or if they are free.
b. You might also get links from us to third party websites or content through the Highguard Services. While we try and exercise reasonable caution here, but we are not responsible for their content.
2.5. Are there any health & safety concerns to be aware of? Please be aware that the Highguard Services may contain flashing images, which may potentially trigger seizures for people with epilepsy. Player discretion is advised.
3. Rules for the Highguard Services
SUMMARY: this section sets out the rules you must follow for using the Highguard Services – e.g. no hacking, cheating, griefing or harmful conduct. Breaking these rules could result in you being suspended or banned from the Highguard Services (temporarily or permanently), including losing access to any virtual currency and items you have purchased.
3.1. In order to use the Highguard Services, we require certain rules to be followed, not limited to the following. Please read these rules carefully since failure to follow them (or any attempt to breach them) will be considered a material breach of these Terms, which could lead to the suspension or termination (temporary or permanent) of your access to the Highguard Services – see section 8.2(a). Here are the rules:
a. Personal Enjoyment. Only use the Highguard Services for your personal enjoyment and not for any commercial or political purposes. The only exception to this is that you are allowed to stream or create videos of Highguard gameplay, which can be monetised through standard advertising offerings on the relevant platform (e.g. YouTube, Twitch), provided you follow all other rules.
b. Hacking and Griefing. Do not hack, harm, grief, harass, threaten or misuse the Highguard Services, other players, or Wildlight’s other products, games, services, community members or staff.
c. Cheating. Do not create, use, promote, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools or other software that interact with or affect the Highguard Services in any way (including, without limitation, any unauthorised third party programs that intercept, emulate, or redirect any communication between Wildlight or its partners and the Highguard Services and/or any unauthorised third party programs that collect information about the Highguard Services by reading areas of memory used by Highguard Services to store information). Encouraging cheating or knowingly playing or collaborating with cheaters (even if you’re not cheating yourself) will also be considered a breach of these Terms.
d. Conduct. Do not do or say anything that is or may be considered illegal, threatening, racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory or otherwise harmful, offensive or illegal. This includes in any chat or other communications with players. Wildlight reserves the right to monitor the content of your communications within Highguard and prevent your use of any such communication systems. Please report any behaviour you think is in breach of this rule by sending a message to support@wildlight.gg, or if the behaviour is occurring in Highguard, please report the player using Highguard’s in-game reporting functionality.
e. Restricted Access. Do not copy, rent, sell, lend, lease, sublicense, distribute, publish or publicly display the Highguard Services, Virtual Items, Virtual Currency (defined below), any player account or any of your rights under these Terms to any other party in any way not expressly authorised under these Terms.
f. Technical Misuse. Do not modify, merge, distribute, translate, reverse engineer, or obtain or use source code of, decompile or disassemble the Highguard Services unless you are specifically allowed by applicable law.
g. Account Misuse. Do not share, ‘buy’, ‘sell’, transfer, gift, lend, steal or misappropriate the Highguard Services (including any user accounts or access keys / codes - all of which are our property) – including without limitation for the purposes of account boosting or smurfing. If you are concerned that any of this has happened to you, contact customer support at support@wildlight.gg.
h. Interference with Highguard Services. Do not deliberately or maliciously interrupt or interfere with Highguard Services like customer or technical support or impersonate Wildlight staff.
i. Interfering with Servers. Do not interfere with or disrupt Wildlight or third party network software or servers, including via tunnelling, code injection or insertion, denial of service, modifying or changing the software, using any other similar software together with Wildlight’s software, through protocol emulation, or through creation or use of private servers or any analogous services regarding the Highguard Services.
j. Accessing Servers. Do not access areas of the Highguard Services or servers that have not been made available to the public.
k. Data Mining. Do not intercept, mine or otherwise collect data or information from the Highguard Services using unauthorised third-party software.
l. Accounts and Virtual Content. Only use user accounts, Virtual Items and Virtual Currency (defined below) for their intended purpose.
m. Names / Trade Marks. Do not use Wildlight, the names of any Highguard Services or other Wildlight names or logos or trademarks for any unauthorised purposes.
n. Infringing Content. Do not do anything in connection with the Highguard Services that infringes any copyright, trade mark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information.
o. Malicious Code. Do not post or upload any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of the Highguard Services.
p. Geographic / Regional Restrictions. You must follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding the Highguard Services.
3.2. We use both human moderators and technological means to uphold our rules. If you think that we have made an error regarding any suspension or cancellation, please contact us as set out in section 8.3(b).
3.3. To the extent permitted by applicable law, the rules in section 3.1 apply not only to the Highguard Services but also if you create User Generated Content or engage with Wildlight or its staff in any way (e.g. via our website, social media or at in-person events). For example, Highguard may take action against you if you harass, threaten or grief our staff on social media or via support tickets, or if you create a livestream or video of Highguard that promotes cheating or hacking.
3.4. If you or someone you know through the Highguard Services is at risk of self-harm or suicide, please seek help as soon as possible by contacting agencies specialising in crisis intervention and suicide prevention.
4. Ownership of the Highguard Services
SUMMARY: Highguard Services are either owned or licensed by Wildlight. None of the Highguard Services may be used to train AI models, software or tools.
4.1. Who owns the Highguard Services? The Highguard Services, including (but not limited to) their visual components, characters, story, items, music, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data, tools and all other content and all intellectual property rights and other legal and exploitation rights regarding them, are either owned by us or we license them from third parties. All rights in the Highguard Services are reserved except as explained in these Terms. No ownership right or interest or other rights in the Highguard Services or any part of it is transferred to you. The Highguard Services and their intellectual property rights are protected by copyright, trade mark and other intellectual property laws worldwide. We give you a personal, limited, revocable, non-exclusive, non-transferable and non-assignable licence to display, view, download, install, play and use the Highguard Services on authorised devices / platforms. This licence is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else) and does not give you any ownership rights in the Highguard Services. We own or license all Highguard Services, as well as all Virtual Currency and Virtual Items.
4.2. What is our position on AI training? Wildlight, as the legal entity which owns and/or otherwise controls all the relevant intellectual property rights, including copyright, in the works of Wildlight (including without limitation the Highguard Services), hereby exercises its reservation of rights under Article 4(3) of the EU Directive 2019/790 with respect to text and data mining as defined in Article 2(2) of the same Directive, including but not limited to, using the copyright and related right protected works and subject matters of Wildlight, for training, fine-tuning AI models, systems or applications, or any similar activities, now known or hereinafter devised. This reservation of rights applies equally to similar legislative provisions in other jurisdictions now in force or hereinafter enacted to the extent relevant.
5. User Generated Content and Your Feedback
SUMMARY: if you create content based on the Highguard Services and/or share it on the Highguard Services, you are responsible for it. You also give us a license to it so we can share it in the Highguard Services. If you provide us with any suggestions or feedback, then this is without obligations or liability to you.
5.1. What is our position on ‘user generated content’? The Highguard Services may give you the ability to create and share content (for example to share text, art, videos or links with users) – we will call this “User Generated Content”. If you do share User Generated Content, then it is at your responsibility and risk. We have the right (but not the obligation) to check and remove any inappropriate, harmful or illegal User Generated Content. But to be clear: we do not assume any responsibility or liability for User Generated Content. As far as we and you are concerned, you own any User Generated Content you created but we need you to give us certain rights over it so that we can actually transmit it via the Highguard Services. So, when you make your User Generated Content available through the Highguard Services, you give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with the Highguard Services.
5.2. Does Wildlight accept suggestions or feedback? You are welcome to give us feedback and suggestions to improve the Highguard Services (“Feedback”) – in such case you can contact us at support@wildlight.gg. We appreciate your Feedback, but we may choose not to use or accept them at our discretion. You give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your Feedback. In any event Feedback will be received by us without any obligations or liability to you, financial or otherwise.
6. Virtual Items and Virtual Currency
SUMMARY: you may be able to buy and/or otherwise obtain in-game items such as cosmetics or other enhancements – there are additional rules for these. They do not have any “real world” monetary value and you cannot buy, sell or trade these with other players.
6.1. Do the Highguard Services offer virtual items or virtual currencies? Certain Highguard Services may let you purchase and/or otherwise obtain (for example, by completing in-game objectives) virtual, in-game digital items and content including, for example, cosmetic and in-game enhancements and other downloadable content (“Virtual Items”). You may at our discretion be able to purchase a right to use certain Virtual Items with “real world” money and/or virtual currency (which you may be able to earn by playing the game and/or purchase with “real world” money) (we will call this “Virtual Currency”). We are the sole provider and issuing authority regarding Virtual Items and Virtual Currency and only Highguard Services players can use them.
6.2. Are there any additional payment requirements you should know about? If you buy Virtual Items and/or Virtual Currency, you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase. You are responsible for ensuring that you have authorisation to purchase Virtual Items and/or Virtual Currency, which includes obtaining account holder/parent/guardian approval if applicable. You may not make fraudulent charge-back or refund requests. You are responsible for applicable fees and taxes. All payments are non-refundable and non-transferable except as expressly provided in these Terms.
6.3. What are the legal requirements regarding Virtual Items and Virtual Currency? Virtual Items and Virtual Currency are digital items only with no cash-value or real-world existence and cannot be ‘bought’, ‘sold’, gifted, transferred or redeemed, whether or not for other Virtual Items, Virtual Currency, ‘real world’ money, goods, services or items of monetary value. Trading Virtual Items or Currency is prohibited (unless we specifically permit otherwise in the applicable Highguard Services). The right to use any Virtual Items and Virtual Currency that you obtain is limited to a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable licence to use such Virtual Items and Virtual Currency solely for your personal entertainment and non-commercial use in the relevant Highguard Service only. You have no property interest or right or title in any Virtual Items or Virtual Currency, which remain Wildlight’s property. Wildlight reserves the right to reverse, change or amend Virtual Items or Virtual Currency transactions or other matters if necessary to protect the Highguard Services and/or to enforce these Terms.
6.4. Will these Virtual Items or Virtual Currency expire or be revoked? Virtual Items and Virtual Currency may expire if stated in the Highguard Services (for example, some Virtual Items or Virtual Currency may be limited to certain seasonal events). We are not obliged to provide Virtual Items or Virtual Currency to you. Wildlight reserves the right to revoke from players (without notice or compensation) any Virtual Items and/or Virtual Currency that have been obtained by players as a result of breaching one or more of the rules set out in section 3.1.
6.5. Will Virtual Items or Virtual Currency ever change? The existence of a particular offer for Virtual Items or Virtual Currency is not a commitment by us to maintain or continue to make the Virtual Items or Virtual Currency or that offer available in the future. We may change or amend the Virtual Items or Virtual Currency as we set out in section 1.4(a) – where you have already paid for Virtual Items or Virtual Currency you may be entitled to a full or partial refund.
6.6. Can you refund purchases of Virtual Items or Virtual Currency? Your refund rights will depend on the terms of any applicable device / platform via which you access the Highguard Services on.
7. Liability
SUMMARY: there are some situations where we may be legally responsible to each other. These positions differ depending on whether you’re in the EU or UK (section 7.3) or outside the EU or UK (section 7.4).
7.1. Our warranties (promises) to you. We represent and warrant that: (a) we have the right to enter into these Terms and to grant you the licence to use the Highguard Services in section 2; (b) we will provide the Highguard Services with reasonable care and skill; and (c) we will use reasonable efforts to comply with applicable laws under these Terms.
7.2. Your warranties (promises) to us. You represent and warrant that you have the full power and ability to enter into these Terms and will follow fully its terms. You also represent and warrant that any User Generated Content does not infringe upon the Intellectual Property Rights of any third party. You further represent and warrant that you will not use or contribute User Generated Content that is illegal, harmful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful or racist.
7.3. Limitation of liability (EU and UK).
a. This section applies to you if you are resident in the United Kingdom or European Union. If you are resident in the United States of America or other non-UK/EU territory, please see section 7.4 below.
b. We do not exclude or limit (or seek to exclude or limit) our liability to you where it would be unlawful to do so. This includes our liability for:
(i) death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors);
(ii) fraud or fraudulent misrepresentation;
(iii) breach of your statutory rights as a consumer; or
(iv) other liability which may not be excluded by applicable law.
c. We only supply the Highguard Services for domestic and private use. If you use the Highguard Services for any commercial, business or re-sale purposes we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.
d. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms, or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Terms were agreed to, both we and you knew it might happen. We are not responsible for any loss or damage that is not foreseeable.
e. If the Highguard Services damage a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or have in place the advised minimum technical requirements.
f. Subject always to 9.1(a-e inclusive) above: (i) the total liability of Wildlight (and its group companies) arising out of or in connection with these Terms will not exceed the total amount you have paid to us under these Terms during the twelve (12) months immediately prior to the event which caused the liability; and (ii) the Highguard Services are provided on an “as is” basis and we make no specific warranty or representation in relation to the quality, completeness or accuracy of the Highguard Services.
g. For the avoidance of doubt, Wildlight (and its group companies) will not be responsible or liable for any damage caused to your device or other digital content in the event you configure your hardware outside the manufacturer’s specification (e.g. overclocking) or as a result of tampering or modifying the Highguard Services in breach of these Terms.
7.4. Limitation of liability (USA and non-UK and EU countries).
a. The following section applies to players in the USA and other non-EU and UK countries.
b. OUR DISCLAIMERS.
(i) THE HIGHGUARD SERVICES (INCLUDING ANY UPDATES) ARE PROVIDED TO YOU ON AN "AS IS", “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE HIGHGUARD SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT HIGHGUARD WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WILDLIGHT, ITS AFFILIATES, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE OR ‘LOSS’ RELATING TO THE HIGHGUARD SERVICES. YOU UNDERSTAND THAT CERTAIN PORTIONS OF THE HIGHGUARD SERVICES ARE MADE POSSIBLE BY THIRD PARTIES. YOU AGREE THAT WILDLIGHT DOES NOT CONTROL ANY THIRD PARTIES AND WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR HARM THAT THEY CAUSE EITHER DIRECTLY OR INDIRECTLY.
(ii) TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WILDLIGHT, ITS AFFILIATES, PARTNERS AND LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR INDEPENDENT CONTRACTORS, BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES, OR (2) DAMAGES ARISING FROM INTERRUPTIONS; DELETION OF FILES, EMAIL, OR DATA; SYSTEM ERROR, FAILURE OR MALFUNCTION; VIRUSES; DELAYS IN OPERATION OR TRANSMISSION; OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL; OR (3) YOUR MISUSE OF THE HIGHGUARD SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE HIGHGUARD SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
c. OUR LIABILITY CAP.
(i) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE HIGHGUARD SERVICES OR THESE TERMS EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S).
(ii) IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
d. YOUR INDEMNITY TO US.
IF SOMEONE SUES WILDLIGHT, ITS AFFILIATES, OR LICENSORS, YOU MAY HAVE TO PAY FOR THEIR DEFENSE AND LEGAL FEES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ON DEMAND WILDLIGHT, ITS AFFILIATES, LICENSORS AND PARTNERS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR INDEPENDENT CONTRACTORS, FROM AND AGAINST ANY AND ALL CLAIMS ASSERTED AGAINST ANY OF THEM ARISING OUT OF OR RELATING YOUR USE OR ACTUAL OR ALLEGED MISUSE OF THE HIGHGUARD SERVICES, VIOLATION OF THESE TERMS, OR YOUR NEGLIGENCE OR MISCONDUCT. THIS APPLIES TO ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING LEGAL FEES AND COSTS, ARISING FROM SUCH CLAIMS. IF CLAIMS ARE BROUGHT AGAINST US, THEN YOU WILL COOPERATE FULLY WITH US AND WE RESERVE THE RIGHT TO TAKE OVER THEIR DEFENCE SUBJECT TO INDEMNIFICATION BY YOU. YOU WILL NOT SETTLE ANY SUCH CLAIMS WITHOUT OUR PRIOR WRITTEN CONSENT.
e. INJUNCTIVE RELIEF.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY LOSS, DAMAGE OR HARM YOU SUFFER ARE NOT IRREPARABLE, AND OTHER REMEDIES WILL BE ADEQUATE, SUCH THAT YOU ARE NOT ENTITLED TO INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST US.
f. Residents of California. If you reside in the state of California you are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254.
8. Termination
SUMMARY: you can terminate these Terms by stopping all use of the Highguard Services. We may terminate or suspend (temporarily or permanently) your access to any / all of the Highguard Services if you seriously breach these Terms. See section 8.3 in relation to appeals.
8.1. When and how can you terminate these Terms? You can terminate these Terms at any time by permanently stopping use of all Highguard Services. Termination will not affect already existing rights or obligations of us or you.
8.2. When can we suspend or terminate your access to the Highguard Services?
a. We may cancel or suspend (temporarily or permanently) your access to any and/or all of the Highguard Services (including access to Virtual Items and/or Virtual Currency) if you materially breach these Terms (e.g. the rules in section 3 above or any other breach which is serious and/or which could cause real harm to Wildlight, its staff, the Highguard Services or other Highguard Services players. If we cancel or suspend your account in this way we will not have any obligations or liabilities to you at all.
b. If Wildlight decides itself to stop providing any Highguard Services permanently, we will try to give you at least sixty (60) days’ notice.
8.3. Can players appeal their bans?
a. If your ban has been issued by Easy Anti-Cheat and you would like to appeal, please visit: https://www.easy.ac/en-us/support/game/contact/appeal/.
b. If your ban or other sanction has been issued by Wildlight and you would like to appeal, please email support@wildlight.gg.
9. Dispute Resolution
SUMMARY: any legal queries, complaints or claims regarding these Terms are under English law and jurisdiction for all players, except those who are based in the USA – where Disputes with Wildlight Parties are set out in section 9.2.
9.1. Governing law and disputes (applies to all players except those based in the USA).
a. You and we agree that your use of the Highguard Services, and these Terms, and any issues arising out of them, will be governed by and interpreted according to the laws of England and any dispute regarding it will be under the jurisdiction of the courts of England. This does not exclude any mandatorily applicable rules or remedies which would be available to you in a legal claim brought under the law of your country of residence. Notwithstanding the foregoing, if you have a Dispute (defined below) with Wildlight Parties (also defined below) that arises under U.S. law, that Dispute must be resolved through individual arbitration in accordance with section 9.2 below.
b. We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally - you can contact us at legal@wildlight.gg. Normally we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. If it is not resolved during this time, the next steps depend on where you live. Notwithstanding the foregoing, you and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a claim against Wildlight, you should address it to legal@wildlight.gg.
9.2. Governing law and disputes – mandatory arbitration and class action waiver (applies to all players based in the USA).
a. THIS SECTION 9.2. IS ONLY APPLICABLE TO PLAYERS IN THE UNITED STATES, OR PLAYERS THAT HAVE A DISPUTE WITH WILDLIGHT PARTIES THAT ARISES UNDER U.S. LAW. PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
b. MANDATORY INDIVIDUAL ARBITRATION.
(i) Any dispute, claim, or controversy between you and Wildlight, and Wildlight’s predecessors in interest, successors, parents, subsidiaries, affiliates, and assigns, as well as each of their respective past, present, and future employees, directors, officers, shareholders, independent contractors, parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns (collectively, “Wildlight Parties”), including but not limited to disputes, claims, or controversies related to or arising from the Highguard Services, or these Terms, including, without limitation, those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of these Terms and this Arbitration Agreement (collectively “Dispute”), whether such Dispute arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure set forth below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold issues, including issues relating to whether there is a validly formed contract, whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.
(ii) Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and Wildlight Parties each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other IP rights. Any legal action by Wildlight Parties against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.
(iii) If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.
(iv) If any Dispute is determined not to be subject to arbitration or resolution in small claims court, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the federal or state courts of competent jurisdiction in New York, the State of New York, and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice or conflict of law principles.
(v) If you or Wildlight Parties files or causes to be filed in court (other than small claims court) a complaint alleging a Dispute that is subject to arbitration under this Arbitration Agreement, the defendant/respondent will notify the party or the party’s attorney (if an attorney has entered an appearance) of the existence of this Arbitration Agreement, and request that the complaint be withdrawn. If the party does not withdraw the action within 10 calendar days of service of that notice, and the defendant/respondent successfully moves to compel arbitration of the Dispute, the defendant/respondent shall be entitled to its costs and fees (including reasonable attorneys’ fees) incurred in seeking to enforce this Arbitration Agreement.
c. CLASS ACTION / JURY TRIAL WAIVER.
(i) You and Wildlight Parties agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, private attorney general, representative, or consolidated proceeding. This means that you and Wildlight Parties may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim.
(ii) Unless both you and Wildlight Parties agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, representative, or consolidated proceeding. Notwithstanding the foregoing, you or Wildlight Parties may participate in a class-wide settlement.
d. OPT-OUT PROCEDURES.
(i) To opt out of this Arbitration Agreement, you must send us a written notice (“Opt-Out Notice”) by email at legal@wildlight.gg within 30 days from the date that you first agree to these Terms (the “Opt-Out Period”). The Opt-Out Notice must contain your full legal name, your complete mailing and email address, the platform account username you use for Highguard, and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement, and you will be bound by this Arbitration Agreement which shall supersede and replace in its entirety all previous versions of Wildlight Parties’ arbitration agreements and class action provisions.
(ii) If you opt out of this Arbitration Agreement, all other provisions of this Agreement will continue to apply to you. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions. If you timely provide Wildlight Parties with a valid Opt-Out Notice, and you are not bound to any previous or other arbitration agreements with Wildlight Parties, all Disputes between you and Wildlight Parties shall be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in New York, the State of New York, and all Disputes shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice or conflict of law principles.
(iii) If Wildlight Parties make any future changes to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), Wildlight Parties will provide you with notice (to the extent we have your contact information). You may reject any such change by sending an email to Wildlight Parties at legal@wildlight.gg within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) the change(s) you are rejecting, (v) and, if applicable, your username or email address associated with any purchase or download for the Highguard Services. This is not an opt out of arbitration altogether. Your continued use of the Highguard Services after this 30-day period constitutes acknowledgment of, and agreement to, the changes to the Arbitration Agreement.
e. RULES AND GOVERNING LAW.
(i) Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: In the event of a Dispute, you and Wildlight Parties each agree to send the other party a written Notice of Dispute. A Notice of Dispute from you to Wildlight Parties must be emailed to legal@wildlight.gg. Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) any relevant facts regarding claimant’s use of the Highguard Services, and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice of Dispute. The Notice of Dispute must be individualized, meaning it can concern only your dispute and no other person’s dispute. Wildlight Parties will send any Notice of Dispute to you at the email address or mailing address it has for you, if any.
(ii) After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution.
(iii) Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and Wildlight Parties have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.
(iv) If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and Wildlight Parties each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Disputes through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator.
(v) The arbitration will be administered by the AAA under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules (available at http://www.adr.org), as modified by this Agreement. The arbitration shall be conducted in English by a single arbitrator with substantial experience in intellectual property and commercial contract disputes, selected pursuant to AAA rules. The arbitration hearing may be conducted through the submission of documents, by phone, or in person, and must commence within thirty (30) days from the appointment of the arbitrator, unless otherwise agreed by you and Wildlight. Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as appropriate.
(vi) If you seek US $10,000 or less, Wildlight will reimburse your filing fee and your share of the arbitration costs (but not your attorney’s fees or expert witness fees), at the end of the arbitration, unless the arbitrator decides your claims are without merit or your costs are unreasonable. Wildlight will only seek its legal fees and costs if it prevails and the arbitrator determines your claims are meritless. If you seek more than US $10,000, then the arbitration costs, including arbitrator compensation, will be split between you and Wildlight per the applicable AAA rules.
f. SEVERABILITY AND SURVIVAL.
(i) If any provision of this Arbitration Agreement, or a portion thereof, is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein. Notwithstanding the foregoing, if any court or arbitrator determines that the Class Action/Jury Trial Waiver set forth in this Arbitration Agreement is void or unenforceable for any reason, or that your Dispute can proceed on a class, collective, representative, or consolidated basis, then, after the exhaustion of all appeals of that determination, you and Wildlight Parties shall be deemed not to have agreed to arbitrate Disputes, and your Dispute must be litigated in a federal or state court of competent jurisdiction in New York, the State of New York, and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice or conflict of law principles.
(ii) This Arbitration Agreement shall survive termination of these Terms. Except as provided in the opt-out provisions set forth above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with Wildlight Parties.
10. Platform Terms
SUMMARY: for the avoidance of doubt, Wildlight provides the Highguard Services, and not any of the platforms.
10.1. These Terms are between you and Wildlight, and are not between you and any of the platforms that Highguard operates on (including without limitation PlayStation, Xbox, Steam) (the “Platforms”). Wildlight is solely responsible for the Highguard Services.
10.2. Your use of the Highguard Services may be subject to the Platforms own terms – for example, the license you are granted to use the Highguard Services on specific devices.
11. Other Legal Matters
SUMMARY: this section sets out a few extra (hopefully self-explanatory) rules on how these Terms work. For example, these Terms are just between you and us and there may be certain situations where these Terms need to be moved to another company.
11.1. If any parts of these Terms are found not to be legally enforceable, this will not affect any other part of them.
11.2. These Terms does not create any rights for anyone else, other than Wildlight’s affiliates, which shall be considered third party beneficiaries of these Terms.
11.3. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls.
11.4. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to the Highguard Services or these Terms.
11.5. We can assign, subcontract or transfer these Terms to a third party or another member of our group if necessary for the support of the Highguard Services, as part of any reorganisation or merger, or for other business reasons provided that this does not negatively affect your rights under these Terms (or alternatively with your consent).
11.6. No failure or delay by us or you to exercise any right or remedy provided under these Terms or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy.
11.7. These Terms do not create any exclusive relationship between us nor any partnership, joint venture, employment or agency.