We at My Device Inc., d/b/a Whizz, ("My Device," "we," or "us") welcome you to use the My Device website getwhizz.com),desktop, and mobile application (collectively, "Application")
You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms without anyimpairment in judgment resulting from (but not limited
to) mental illness, intoxication, medication, or any other health or other problem that could impair judgment.
Services provided by My Device are governed by the following legal documents:
From time to time, we may modify or amend the Terms. If we do so, we will post such modifications or changes in the Application. If you continue to use the Application following such a posting, you accept all such changes and modifications.
ELIGIBILITY; REPRESENTATIONS; FEES AND PAYMENT
Eligibility You must be at least 18 years of age to use the Application. Moreover, you represent and warrant that you will use the Application in compliance with all applicable laws and regulations. Use of the Application is unauthorized in any jurisdiction where the Application or any part of it may violate any laws or regulations. You agree not to access or use the Application in such jurisdictions.
User Content Posted on the Application
We wish to remind you that you are solely responsible for the personal information and other information that you upload, publish, provide or display on the Application ("User Content"). Similarly, your use of, or reliance on, any material or content posted in the Application is at your own risk.
We may access, preserve, and release your User Content and other your information if we are required to do so by law or in a good faith belief that such action is reasonably necessary to: satisfy any applicable law, regulation,judicial process, or government request; enforce the Terms and investigate potentiaI violations of the same; investigate and defend against any third party allegations; respond to claims that any User Content violates the rights of third parties; respond to your requests for customer service; prevent fraud; secure the integrity of the Application; repair any technical issues; or protect the rights, property, or personal safety of the My Device customers and employees, or the public as permitted or required by law.
Fees, Pricing and Payment
By downloading the Application through your computer (mobile device), your internet provider may charge fees for the download and use of the Application. You are solely responsible for the payment of all such fees, such as internet service provider or airtime charges. Use of the Application is free.
These Terms do not convey any rights of ownership in or to the Application. All rights, title and interest, including any copyright, patent, trade secret, or other intellectual property rights in the Application ("Our Content") will remain our sole property. Any services provided to you under these Terms, and other data or materials that areprepared in the performance of such services, and all right, title, and interest in them will belong to us.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable, and non sublicensable license to download and install a copy of the Application onto any authorized device you own and control, and to use such copy of the Application solely for your personal, non-commercial use.
We reserve all rights in the Application not expressly granted to you in these Terms.
The copy of the Application is licensed, not sold, to you. You agree that we and our licensors own all rights, title, and interest in and to the Application, including all intellectual property rights in it, and that we retain ownership of all copies of the Application even after installation on your device. You agree not to delete or in any manner alter the copyright, trademark, or other proprietary rights notices or markings that mayappear in the Application.
Except as expressly specified in these Terms, you may not:
(a) copy, modify, or create derivative works of the Application, including adaptations or modifications to the Application;
(b) sell, rent, lease, distribute, transfer, sublicense, lend, or otherwise assign any rights to the Application to any third party;
(c) make the Application available to multiple users by any means, including by uploading the Application to a file sharing service or other type of hosting service or by otherwise making the Application available over a network where it could be used by multiple devices at the same time;
(d) disassemble, decompile, reverse-engineer, or attempt to derive the source code of the Application or permit a third party to do so, except to the extent such activities are expressly permitted by law.
You agree to comply with anytechnical restrictions in the Application that allow you to use the Application only in certain ways.We are not obliged to maintain or support the Application, to provide any specific content through the Application, or to provide you with updates, upgrades, or services related to the Application. You acknowledge that we may in our sole discretion issue updates or upgrades to the Application, disable access to the Application for any period of time or permanently, and automatically update or upgrade the version of the Application that you areusing on your device. You consent to such automatic updating or upgrading on your device, and agree that these Terms will apply to all such updates or upgrades, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge and agree that we shall have no liability to you arising out of any unavailability of the Application.
TERMINATION OF USE
The license to the Application granted under these Terms remains in effect until terminated by you or us. You may terminate the license at anytime by destroying all copies of the Application in your possession or control. Without prejudice to any other terms set forth in these Terms, the license will automatically terminate without notice from us if you in any way breach any provision of these Terms. Upon termination in accordance with these Terms for any reason, you must cease all use of the Application and promptly delete and destroy all copies of the Application. Your termination of the license for any reason shall not release you from any liabilities or obligations set forth in these Terms which
(a) have expressly been stated as surviving any such termination or expiration, or
(b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
We respect the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 572 of the Digital Millennium Copyright Act ofl998 ("DMCA"). If you see any material in the Application that in your good faith belief may infringe someone's copyright,you may notify us by emailing us at firstname.lastname@example.org with "Copyright" in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information:
(l) The identity of the original copyrighted work that you claim is infringed or - if your notice covers multiple copyrighted works -you mayprovide a representative list of the copyrighted works that youclaim have been infringed;
(2) A sufficiently detailed description of the content on the Application that you claim infringes the copyrighted work;
(3) Your contact information, including your full name, mailing address, telephone number, and email address, if available;
(4) A statement that you believe in good faith that the use of the allegedly infringing content on the Application is not authorized by the copyright owner, its agent, or the law;
(5) This statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner, of an exclusive right that is infringed"; and
(6) A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf.
Moreover, if you believe your work was erroneously removed due to an incorrect claim of copyright ownership,you may provide us a written counter-notice. When we receive your counter-notice, we may, in our discretion, reinstate the material in question in not fewer than 10 nor more than 14 days after we receive the counter-notice, unless we first receive notice from the original complaining party who filed the infringement notice that it hasfiled a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, you may email us at email@example.com. Please note that if you provide a counter-notice, in accordance with the terms of the DMCA, the counter-notice will be given to the original complaining party that filed the infringement notice. To be effective, a counter-notice must contain substantially all of the following information:
(l) Identification of the material that hasbeen removed or to which access has been disabled in the Application and the location at which the material appeared before it was removed or access to it was disabled;
(2) Your name, address, telephone number and, if available, email address;
(3) Include both of the following statements in the body of the Notice:
HI hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
HI hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which My Device may be found, and I will accept service of process from the complaining party who notified My Device of the alleged infringement or an agent of such person."
(4) Provide your full legal name and your electronic or physical signature.
The list below contains examples of behaviors that are prohibited in the Application:
(l) Impersonating another person or entity;
(2) Accessing or using the Application in an unlawful way or for any unlawful purpose;
(3) Transmission of any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or otherwise unlawful;
(4) Transmission of viruses, malware, or other malicious code in the Application;
(5) Modification, reverse-engineering, or other manipulation of the Application;
(6) Interfering with, or disrupting, the Application; and
(7) Accessing or using the Application for any commercial use. Such commercial use include, but are not limited to, selling a product; increasing traffic to your own website or a third party's website for commercial reasons; or performing a meta-search of the Application.
In order to ensure the integrity of the Application, we reserve the right at any time in our sole discretion to block users with certain unique device identifiers from accessing the Application.
PRIVACY AND SECURITY
(l) Engage in unauthorized collection of users' content or information or otherwise access the Application by automated means (including using so-called bots or scrapers) without an authorization from us;
(2) Reveal any personal data related to another individual, including a person's address, phone number, email address, credit card number or any information that mayotherwise be used to track, contact or impersonate another individual;
(3) Use a username that is the name of another person and intending to impersonate that person; or
(4) Provide any false personal data to us or create any user account for anyone other than yourself without such person's perm1ss1on.
Moreover, by using the Application, you consent and agree to the collection and use of certain information about you and your use of the Application in accordance with our Privacy
Policy and applicable laws and regulations related to personal data.
Please be reminded that you must protect any passwords or other credentials associated with your account for the Application and take full responsibility for any use of the account under your password.
The Application is Available "AS-IS"
Your access to and use of the Application is at your own risk. You understand and agree that the Application is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, OUR AFFILIATES AND WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Application or any content in the Application. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Application. Moreover, you agree that we do not have responsibility or liability for the deletion of, or the failure to store or to transmit, any material or content and other communications maintained in the Application. We make no warranty that the Application will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Application or our representatives, will create any warranty not expressly made in these Terms.
LINKS TO THIRD-PARTY WEBSITES
The Application may contain links to websites owned or operated by third parties. Such links are provided for informational purposes only. We are not responsible for any such third-party websites and do not have control over any materials or content made available therein. Our inclusion of a link to a third-partywebsite in the Application does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available there. We encourage you to familiarize yourself with the terms of service applicable to any third-party website you may access.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS; ACCRUED BUT WASTED EXPENDITURE; COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES, LOSS OF GOODWILL; OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE APPLICATION; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY
MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. In some jurisdictions the applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law. In all cases our maximum liability is limited to any fees paid by you to us.
You agree to indemnify and hold us harmless from any claim or demand, including attorney's fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
WAIVER AND SEVERABILITY
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that anyprovision of these Terms is held to be invalid or unenforceable by a court or tribunal of competentjurisdiction for anyreason, the remaining provisions of these Terms will remain in full force and effect.
GOVERNING LAW AND RESOLUTION OF DISPUTES
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND
UNDERSTAND THAT IT MAY LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. Our Company reserves the right to litigate against User in any relevant court if a matter comes to our attention pursuant to all New York State law and local codes/ordinances.User will be responsible for all legal fees such as court costs, filing fees, the use of an enforcement officer, and any other fees that mayarise.
The Application is operated and provided by My Device, Inc. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
TERM AND TERMINATION
We reserve the right to discontinue offering the Application or to modify the Application at anytime in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Application at any time. Following termination, all such terms that bytheir nature may survive termination of these Terms shall be deemed to survive such termination.