Welcome to Whyzz® Terms of Use

TheSE terms OF USE deal with a number of important issues, including the protection of copyrighted material and other intellectual property, and the presentation, collection and use of information.

  1. What Is WhyzzExplorer?

Whyzz Publications LLC (“Whyzz Publications”) operates a number of products and services (the “Services”) via mobile applications, software applications, and websites (collectively, the “Platform”). 

The WhyzzExplorer app offers family-ready content about destinations around the world. Your use of the WhyzzExplorer Platform and Services (collectively “WhyzzExplorer”) is conditioned on your acceptance of the following terms of use, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”). These Terms of Use apply however you access the Services or the Platform, including, without limitation, via a computer, tablet, smart-phone or other internet-abled device.  

Please read the Terms of Use carefully before you start to use WhyzzExplorer. By using WhyzzExplorer, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at PRIVACY POLICY and incorporated by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use WhyzzExplorer.

We recognize the need to provide further privacy protections with respect to personal information we may collect on our Platform and Services. Some of the features on our Platform and Services are age-gated so that they are not available for use by children, and we do not knowingly collect personal information from children in connection with those features. When we intend to collect personal information from children, we take additional steps to protect children’s privacy, including:

·        Notifying parents about our information practices with regard to children, including the types of personal information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information;

 

·        In accordance with applicable law, and our practices, obtaining consent from parents for the collection of personal information from their children, or for sending information about our products and services directly to their children;

 

·        Limiting our collection of personal information from children to no more than is reasonably necessary to participate in an online activity; and

 

·        Giving parents access or the ability to request access to personal information we have collected from their children and the ability to request that the personal information be changed or deleted.

 

See our Privacy Policy for more information. 

Whyzz Publications reserves the right to change, modify, or remove content from WhyzzExplorer without prior notice, due to technical, regulatory, or business limitations, or for any other reason. Whyzz may modify the Terms of Use at any time at its sole discretion, and such modifications shall be effective immediately upon posting of the modified policies, terms, and conditions via the Platform and Services. Whyzz Publications reserves the right to refuse service or to terminate accounts for any user and to change eligibility requirements at any time.

  1. Accessing WhyzzExplorer and Account Security

Whyzz Publications reserves the right to withdraw or amend WhyzzExplorer, and any service or material we provide on WhyzzExplorer, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of WhyzzExplorer is unavailable at any time, or for any period. We may restrict users’ access to some parts of WhyzzExplorer, or the entire Platform, or any combination of parts of WhyzzExplorer.

You are responsible for:

    • Making all arrangements necessary for you to have access to WhyzzExplorer.

    • Ensuring that all persons who access WhyzzExplorer through your mobile device are aware of and comply with the Terms of Use.

To access WhyzzExplorer, you may be asked to provide certain registration details or other information. It is a condition of your use of various WhyzzExplorer resources that all the information you provide to WhyzzExplorer is correct, current, and complete. You agree that all information you provide to register with WhyzzExplorer, including, but not limited to, information you provide through the use of any interactive features on WhyzzExplorer is governed by our Privacy Policy found at PRIVACY POLICY, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to WhyzzExplorer or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Whyzz Publications may refuse the use of any user name, for any reason, and reserves the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  1. How WhyzzExplorer Works and Conditions of Use

Whyzz is a tool for parents to have meaningful conversations with their children. With family games such as the “Find the things” Object Hunt, a Food Challenge and Quizzes, parents and kids learn about a destination with kid-ready information. For memory keeping the app encourages photo taking at various opportunities.

·        WhyzzExplorer Content and User Responsibility

The information and other content provided on WhyzzExplorer is intended to be presented in language that can be readily understood by young children. You may not agree with or believe that the suggested articles are appropriate for a young child, and Whyzz makes no representation or warranty regarding the accuracy or appropriateness of the suggested or provided information.

All users are solely responsible for deciding whether to use WhyzzExplorer content or to provide children with access to WhyzzExplorer or any Whyzz content and/or services. Participating in the Food Challenge by buying and trying different dishes offered in a city is at the sole discretion and responsibility of parents.

Whyzz Publications edits all content for form and appropriateness, and attempts to verify the accuracy of content, but makes no representation or warranty regarding the content, including, without limitation, no warranty with respect to the completeness, accuracy, effectiveness, or appropriateness for any purpose of any question, comment, answer, advice, suggestion, statement, materials (including photographs, text, and/or multimedia content) or user comments posted to or presented on WhyzzExplorer (the “Content”). By using WhyzzExplorer, you acknowledge and accept the risk that you could be exposed to Content that you may find offensive, indecent, or objectionable. Your use of WhyzzExplorer and the Content is at your own risk. Under no circumstances will Whyzz Publications be liable in any way for any claims, liabilities, damage, or losses of any kind related to your use of WhyzzExplorer and any Content posted to or transmitted through WhyzzExplorer. The Content is offered for informational and comparative purposes, only. It is not intended to be a substitute for professional advice.

4.     Intellectual Property Rights

Whyzz and its entire Whyzz Publications-created contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Whyzz Publications LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use WhyzExplorer for your personal, non-commercial use only. Except as otherwise provided in these Terms of Use, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Whyzz Publications-created material, except as follows:

o   Your computer or other device may temporarily store copies of such materials in RAM incidental to accessing and viewing those materials.

o   You may store files that are automatically cached by your Web browser, application, or operating system for display enhancement purposes.

o   If technically enabled, you may print [or download] one copy of a reasonable number of pages of Whyzz Publications-created content for your own personal, non-commercial use, and not for further reproduction, publication, or distribution.

o   For all desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

o   Modify copies of any Whyzz Publications-created materials.

o   Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from WhyzzExplorer.

o   You must not access or use for any commercial purposes any part of WhyzzExplorer or any services or materials available through Whyzz.

o   If you wish to make any use of Whyzz Publications-created materials other than that set out in this section, please address your request to: hello@whyzzExplorer.com

o   If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of WhyzzExplorer in breach of the Terms of Use, no right, title, or interest in or to WhyzzExplorer or any Whyzz Publications-created or other content on WhyzzExplorer is transferred to you, and all rights not expressly granted are reserved by Whyzz Publications. Any use of WhyzzExplorer not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

Whyzz Publications, the terms Whyzz, WhyzzExplorer, the WhyzzExplorer logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Whyzz Publications LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Whyzz Publications. All other names, logos, product, and service names, designs, and slogans on WhyzzExplorer are the trademarks of their respective owners.

Prohibited Uses

You may use WhyzzExplorer only for lawful purposes and in accordance with these Terms of Use. Whyzz Publications reserves the right to terminate (a) your access to WhyzzExplorer and (b) your use of WhyzzExplorer if, in Whyzz Publication's reasonable belief, you have violated the usage limitations set forth in these Terms of Use. You agree not to use WhyzzExplorer:

    • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

    • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

    • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the spirit or standards set out in these Terms.

    • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

    • To impersonate or attempt to impersonate Whyzz Publications, a Whyzz Publications employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

    • To engage in any other conduct which, as determined by us, may harm Whyzz Publications or users of Whyzz or expose them to liability.

Additionally, you agree not to:

    • Use WhyzzExplorer in any manner that could disable, overburden, damage, or impair WhyzzExplorer or interfere with any other party's use of the service, including their ability to engage in real time activities through WhyzzExplorer.

    • Use any robot, spider, or other automatic device, process or means to access WhyzzExplorer for any purpose, including monitoring or copying any of the material on WhyzzExplorer.

    • Use any manual process to monitor or copy any of the material on WhyzzExplorer or for any other unauthorized purpose without our prior written consent.

    • Use any device, software or routine that interferes with the proper working of WhyzzExplorer.

    • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

    • Attempt to gain unauthorized access to, reverse engineer, interfere with, damage, or disrupt any parts of WhyzzExplorer, the server on which the Platform is stored, or any server, computer, or database connected to WhyzzExplorer.

    • Attack WhyzzExplorer via a denial-of-service attack or a distributed denial-of-service attack.

Whyzz Publications reserves the right to monitor all use of WhyzzExplorer to provide guidance and assistance in its use, and to monitor your conformance with these Terms of Use. You acknowledge and hereby consent to such monitoring.

Any displays, images, video and audio, and the design, selection, and arrangement information or material that you submit or send to Whyzz Productions or otherwise make available on or through the Platform (“Your Material”) will be deemed not to be confidential or secret.  By submitting or otherwise making Your Material available on the Platform, you agree and acknowledge that Your Material will not be treated as confidential or proprietary and represent and warrant that Your Material:

(a)      Is original to you and that no other party has any rights to the          material;

(b)      Does not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful;

(c)       Does not contain a virus or other harmful component; and

(d)      Does not contain, unless the specific Service allows, any advertising of any kind, or false or misleading indications of origin or statements of fact.

You retain copyright and any other rights you already hold in Your Material.  By submitting, posting or displaying the content you give Whyzz Productions a perpetual, irrevocable, unrestricted, worldwide, royalty-free, fully sub-licensable and transferable, and non-exclusive right and license to reproduce, adapt, edit, modify, translate, publish, publicly perform, translate, create derivative works from, publicly display and distribute (in whole or in part) Your Material which you submit, post or display on or through, the Services.  This license is for the purpose of enabling Whyzz Productions to provide, display, distribute and promote the Services. You also warrant that any “moral rights” in Your Material have been waived. 

Except where specifically restricted in a writing signed by Whyzz Productions, you agree that this license includes a right for Whyzz Productions to make such Content available to other companies, organizations or individuals with whom Whyzz Productions has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

You understand that Whyzz Productions, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute Your Material over various public or private networks and in various media; and (b) make such changes to Your Material as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.  You agree that this license shall permit Whyzz Productions to take these actions.

You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Platform, may be used by us in any manner.

You confirm and warrant to Whyzz Productions that you have all the rights, power, authority and capacity necessary to grant the above license.

Other than the limited license set forth in in the Terms, Whyzz Productions acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms and Conditions in or to any Content, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist).  Unless you have agreed otherwise in writing with Whyzz Productions, you agree that you are responsible for protecting and enforcing those rights and that Whyzz Productions has no obligation to do so on your behalf.

Unless specifically requested, Whyzz Productions does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Platform, any of its services, by e-mail, or in any other way.

 

5.     Links from WhyzzExplorer

If WhyzzExplorer contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Whyzz Publications has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third party Web site, application, or other software or resource linked to WhyzzExplorer, you do so entirely at your own risk and subject to the terms and conditions of use for such Web sites, applications, software, resource, or destination.

  1. Disclaimer of Warranties, Limits on Liability, Indemnification, Governing Law

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or WhyzzExplorer will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF WHYZZEXPLORER OR ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZEXPLORER OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE, APPLICATION, OR OTHER DESTINATION LINKED TO IT.

YOUR USE OF WHYZZEXPLORER, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZEXPLORER IS AT YOUR OWN RISK. WHYZZEXPLORER, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZEXPLORER ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WHYZZ PUBLICATIONS LLC NOR ANY PERSON ASSOCIATED WITH WHYZZ PUBLICATIONS LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF WHYZZEXPLORER. WITHOUT LIMITING THE FOREGOING, NEITHER WHYZZ PUBLICATIONS LLC NOR ANYONE ASSOCIATED WITH WHYZZ PUBLICATIONS LLC REPRESENTS OR WARRANTS THAT WHYZZEXPLORER, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZ WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT WHYZZEXPLORER OR ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZEXPLORER WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WHYZZ PUBLICATIONS LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL WHYZZ PUBLICATIONS LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, WHYZZEXPLORER, ANY CONTENT ON WHYZZEXPLORER, OR ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZEXPLORER, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Whyzz Publications LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of WhyzzExplorer, including, but not limited to, user-generated content, any use of WhyzzExplorer’s content, services, and products  other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

All matters relating to WhyzzExplorer and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or WhyzzExplorer shall be instituted exclusively in the federal US District Court of the Second Circuit, Southern District of New York or the courts of the State of New York in each case located in the City of New York City and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.