Use Of App
WhyIT provides an App for you to communicate and share content, photo, video and other digital media with other connected users.
Eligibility. You may use the App only if you can form a binding contract with WhyIT, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The App is not available to any Users previously removed from the App by WhyIT.
App Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the App for your personal, private, commercial use, and only in accordance with the features of the App as it is make available by WhyIT. WhyIT reserves all rights not expressly granted herein in the App. WhyIT may terminate this license at any time for any reason or no reason.
You may only use content that you are the copyright holder or you have obtained all necessary rights and licenses to use for any purposes all images, musical works, sound recording, narration, and other material that make up your User Content.
Your WhyIT account gives you access to the App and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to WhyIT with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must change your password immediately of any breach of security or unauthorised use of your account. WhyIT will not be liable for any losses caused by any unauthorized use of your account.
You may control your privacy and user profile and how you interact with the App by changing the settings in the App.
You agree not to engage in any of the following prohibited activities:
copying, distributing, or disclosing any part of the App in any medium, including without limitation by any automated or non-automated "scraping";
using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the App in a manner that sends more request messages to the WhyIT servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
transmitting spam, chain letters, or other unsolicited email;
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App;
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, worms, or other software agents through the App;
collecting or harvesting any personally identifiable information, including account names, from the App;
using the App for any commercial purposes without having all necessary rights and licenses to the User Content;
impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
interfering with the proper working of the App;
accessing any content on the App through any technology or means other than those capabilities provided by the App; or
bypassing the measures we may use to prevent or restrict access to the App, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein.
We may, without prior notice, change the App, stop providing the App or features of the App, to you or to Users generally, or create usage limits for the App. We may permanently or temporarily terminate or suspend your access to the App, or delete any User Content (as defined below), without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your conduct and any data, text, files, information, images, photos, audio and video clips, sound recordings, musical works, narration, works of authorship, links and other content or materials that you submit, post or display on or via our App. WhyIT shall have no liability for conduct in relation to your use of our App.
The App provide Users the capability to create, share and post content such as profile information, photographs, videos, images, musical works, sound recording, narration, text and other material. We claim no ownership rights over User Content created by you. WhyIT has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the App.You You agree not to post, store, transmit, create or share any User Content that:
may create a risk of any other loss or damage to any person or property;
may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
may constitute or contribute to a crime or tort;
contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), defamatory, threatening, profane, or otherwise objectionable;
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); or
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. WhyIT reserves the right, but is not obligated, to reject and/or remove any User Content that WhyIT believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your User Content, you affirm, represent and warrant the following:
Your User Content and your use thereof as contemplated by this Agreement and the App will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
To the extent that you use our App for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the App.
You are solely responsible for your videos and any sharing of the videos by you or through your account. You are responsible for ensuring that you have all Intellectual Property Rights for any User Content that you share via the App. You agree that WhyIT shall not be liable for any violation of any laws or rights of third parties, including without limitation Intellectual Property Rights, rights of privacy, and rights of publicity, arising from or related to your creation or use of any User Content, and you agree to defend, indemnify, and hold harmless WhyIT from any and all liability arising from your access to or creation, use, or sharing of any User Content;
User Content License Grant
If you share your User Content with WhyIT or link your User Content to WhyIT on a third party service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to WhyIT a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the App and WhyIT (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of our App (and derivative works thereof) in any media formats and through any media channels.
Third Party Link
Developed and produced by WhyIT, a software to be used on a mobile device. To use the App you must have a mobile device that is compatible with the Mobile Software. WhyIT does not warrant that the App will be compatible with your mobile device. WhyIT hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App on your mobile device owned or leased solely by you, for your personal use. You may not:
Modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law;
Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party;
Make any copies of the App;
Delete the copyright and other proprietary rights notices on the App.
You acknowledge that WhyIT may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the App or any copy thereof, and WhyIT or its third party partners or suppliers retain all right, title, and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. WhyIT reserves all rights not expressly granted under this Agreement. If the App is being acquired on behalf of the United States Government, then the following provision applies. The App originates in Malaysia and is subject to Malaysia export laws and regulations. In addition, the App may be subject to the import and export laws of other countries. You agree to comply with all Malaysian and foreign laws related to use of the App.
Support & Maintenance
You understand that your use of the App is at your own risk and that WhyIT is under our sole discretion to provide you with any error corrections, updates, upgrades, bug fixes, enhancements and/or other maintenance or support of the App. No third party will be responsible for providing maintenance or support services for the Application.
WhyIT has the right to terminate your right to use the App any time for any reason and shall be under no obligation to provide you a warning prior to termination of your use of the App or The Sites.You may terminate these Terms at any time by uninstalling or destroying all copies of the App that are in your possession or control. In case of termination, you must cease all use and destroy all copies of the App.
You agree to defend, indemnify and hold harmless WhyIT and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the App, including any data or content transmitted or received by you;
your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
your violation of any applicable law, rule or regulation; any claim or damages that arise as a result of any of your User Content, including without limitation any User Content, or any that is created, stored, shared or submitted via your account; or
any other party's access and use of the App with your unique username, password or other appropriate security code.
The App is provided on an "as is" and "as available" basis. Use of the App is at your own risk. To the maximum extent permitted by applicable law, the App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from WhyIT or through the App will create any warranty not expressly stated herein. Without limiting the foregoing, WhyIT, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; That the App will meet your requirements; That the App will be available at any particular time or location, uninterrupted or secure; That any defects or errors will be corrected; or that the App is free or viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the App is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the App. WhyIT does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through WhyIT App or any hyperlinked website or service, and WhyIT will not be a party to or in any way monitor any transaction between you and any third-party providers or products or services.
Limitation Of Liability
Limitation of liability. To the maximum extent permitted by law, your exclusive remedy with respect to any dispute with WhyIT (including without limitation your use of the App and WhyIT hosted site) is to discontinue your use of the App. WhyIT shall not be liable for any indirect, special, incidental, consequential or exemplary damage arisen from your use of the App or the sites or for any other claim related in any way to your use of the App or site. These exclusions for indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost data, lost goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, eve if WhyIT had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. In any event your aggregate liability shall not exceed RM100. Because some jurisdictions do not allow the exclusion or the limitation of liability for indirect, consequential or incidental damages, WhyIT’s aggregate liability in such jurisdiction shall be limited to the extent permitted by law.