Terms And Conditions Of Use Of Wyst Application
Effective Date: July 22 ,2011
Thank you for downloading the Wyst Application ("App")owned and offered by Wyst Digital ("Wyst"). You should not access this App or use our services until you have carefully read and agreed to these terms and conditions of use (the "Terms").
Use of this Application
When you download this App or you create an account on this App, byselecting "I agree to the Terms and Conditions" you are expressly agreeing to be bound by these Terms. If you do not agree to these Terms, you may not download or use the App. We may modify the Terms from time to time without notice to you. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this App. We include the effective date of our Terms at the top of the statement. We encourage you to check Profilein the App and 'Terms of Service' on our website frequently to see the current Terms in effect and any changes that may have been made to them. If We make material changes to the Terms we will post the revised Terms and the revised effective date on the Profilesection of the App and 'Terms of Service' on our website. By using the App following any modifications to the Terms, you agree to be bound by such modifications.
Wyst provides you with access to and use of the App subject to your compliance with the Terms. This App may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in these Terms.
User age. By downloading and using this App you represent that you are overthe age of . We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account.
License. The App, including all of its contents, such as text, images, and the HTML or other code used ("Materials"), are Wyst's property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this App in whole or in part, for any public or commercial purpose without the specific written permission of Wyst. We grant you a personal, non-exclusive, non-transferable license to access our App and to use the information and services contained here.
In turn, you grant us a non-exclusive, world-wide, royalty-free license to use any content you post on the App or through the App for any purpose, subject to the express terms of this Agreement.
Your representations to us. By downloading or using this App you represent and warrant to us that (1) you have the consent of every individual whose likeness you post to or through the App to do so, (2) you have the required authorization from the owner of any copyright or other property right to post or upload their materials to or through the App, (3) all information you have provided is current, true, and complete, (4) we have your consent to keep a record of the location and content of your postings to the App and to rebroadcast or retransmit your postings, (5) you agree that any person who uses the App may view and/or comment on the material you post to or through the App and that you understand they may be able to determine your location as a result of material you post, and (6) you understand that we may terminate your account without prior notice and at our sole discretion if we determine that you have violated these Terms.
Rules and Limits on and Modifications to the App
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the App, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the App or restrict your access to part, or all, of the App without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. By way of example, we may elect to limit the number or volume of images you can load to the App, to impose a fee for high-volume users, or to offer a more robust App for a monthly fee.
Specific Prohibited Uses.
The App may be used only for lawful purposes by individuals using authorized services of Wyst. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the App. Wyst specifically prohibits any use of the App, and requires all users to agree not to use the App, for any of the following:
a. Posting any information which is incomplete, false, inaccurate, unlawful, harassing, libelous, obscene, offensive, graphically violent, pornographic, or not your own; Wyst has a zero-tolerance policy against child pornography and will terminate any account and make reports to the appropriate law enforcement authorities about any user who publishes or distributes child pornography.
b. Impersonating another person;
c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
f. Posting material or otherwise using the App in any manner that infringes on, interferes with or compromises any intellectual property, privacy or publicity right or security of another;
g. Transmitting or transferring (by any means) information or software derived from the App to foreign countries or certain foreign nations in violation of US export control laws;
h. Attempting to interfere in any way with the App's or Wyst's networks or network security, or attempting to use the App's service to gain unauthorized access to any other computer system, or attempting to post or transmit any information that constitutes a virus, bug or other harmful item;
i. Violating any terms or conditions or any other agreement you may have with any third party (including without limitation any employer) with regard to your use, possession, transmission or storage of data, or your retention of that third party's data without their permission;
j. Violating any state, federal or local law or regulation, including without limitation any restrictions on transmission of data under the CAN-SPAM Act or the Telephone Consumer Protection Act.
Violations of system or network security may result in civil or criminal liability. Wyst will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the App, including, without limitation, the following:
a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the App, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services;
d. Reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the App;
e. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or.
f. Attempting to obtain information or account access from or about any user, host or network via any means including, without limitation, impersonation, false representations, "phishing" or "pharming" or misrepresentation.
Copyright Policy. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
132 Greenpoint Avenue Apt. 3C
We reserve the right to remove any content posted by any user without prior notice and at our sole discretion; we may terminate a user's account if the user is determined to be a repeat infringer.
Notice of Abuse
In the course of your use of the App, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
We control and offer the App from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials are appropriate or available for use in other locations. Persons who choose to access the App from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the App. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
As between you and Wyst, (or other company whose marks appear on or via the App), Wyst (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the App, and is the copyright owner or licensee of the Content and/or information on the App, unless otherwise indicated.
Except as otherwise provided herein, use of the App does not grant you a license to any Content, features or materials you may access on the App and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the App is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Wyst. If you make use of the App, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the App.
The information on the App including, without limitation, all design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Wyst or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
The Wyst logos and service names are trademarks of Wyst (the "Wyst Marks"). Without Wyst's prior permission, you agree not to display or use Wyst Marks in any manner. Nothing on the App should be construed to grant any license or right to use any Wyst Mark without our prior written consent.
You agree to defend, indemnify and hold Wyst, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the App, your violation of the Terms or the posting or transmission of any materials on or through the App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
THE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WYST DOES NOT WARRANT THAT THE APP OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WYST MAKES NO WARRANTY THAT THE APP WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT. ANY MATERIAL UPLOADED TO, DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF ANY SUCH MATERIAL. WYST DOES NOT ENDORSE, SUPPORT, WARRANT OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY CONTENT POSTED TO OR THROUGH THE APP OR ENDORSE ANY OPINIONS, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE APP. WYST IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF WYST.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WYST, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE APP OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF WYST OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF WYST TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE APP EXCEED, IN THE AGGREGATE, $100.00.
You agree that the laws of the state of New York, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the App may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with Wyst or relating in any way to your use of the App resides in the state and federal courts of New York County, New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of New York County.
Consent to Processing
By providing any personal information to or through the App, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
Any inquiries concerning these Terms should be directed to: email@example.com.
Notices to you may be made via either email or regular mail. The App may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the App.
To contact us with any questions or concerns in connection with this Agreement or the App, or to provide any notice under this Agreement to us please email us at firstname.lastname@example.org.
The Terms constitute the entire agreement between you and Wyst and govern your use of the App, superseding any prior agreements between you and Wyst. You also may be subject to additional terms and conditions that are applicable to certain parts of the App.
You agree that no joint venture, partnership, employment, or agency relationship exists between Wyst and you as a result of this Agreement or your use of the App.
Any claim or cause of action you may have with respect to Wyst or the App must be commenced within one (1) year after the claim or cause of action arose.
The failure of Wyst to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without Wyst's express written consent.
The Terms inure to the benefit of Wyst's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
© Copyright 2011 by Wyst Digital. All rights reserved.