Welcome to whyzz® Terms of Use

Last Updated: December 18, 2012

  1. What Is whyzz?

    whyzz is a cloud-based family journal that enables you to store, share, and respond to what kids say, and ask about. Your use of the whyzz Website (the “Site”), mobile device application (the “App”), and/or other services (collectively “whyzz”) 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”).

    Please read the Terms of Use carefully before you start to use whyzz. By using whyzz, 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 whyzz. Moreover, whyzz is offered and available only to users who are 13 years of age or older. By using whyzz, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use whyzz.

    whyzz Publications LLC (“whyzz Publications”) reserves the right to change, modify, or remove content from whyzz 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 Site and the App. whyzz Publications reserves the right to refuse service or to terminate accounts for any user and to change eligibility requirements at any time.

  2. Accessing whyzz and Account Security

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

    You are responsible for:

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

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

    To access whyzz, or some of the resources it offers (e.g., “Village”, “Scrapbook,” and, “Community”), you may be asked to provide certain registration details or other information. It is a condition of your use of various whyzz resources that all the information you provide to whyzz is correct, current, and complete. You agree that all information you provide to register with whyzz, including, but not limited to, information you provide through the use of any interactive features on whyzz 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 whyzz 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.

  3. How whyzz Works and Conditions of Use

    Whyzz is a tool for parents to store, share, and organize invaluable family memories of a growing child or children. With a private and secure social network, families can share quotes, media, and questions from or related to a child with other family members so they can participate in the conversations with a child. whyzz also provides users information designed to help parents and caregivers answer questions posed by young children and to understand how children learn through asking questions. whyzz may also include stories or anecdotes for entertaining children.

    whyzz includes the featured components “Village,” “Scrapbook,” “Community,” and “Q&A.” A user must register an account to access these Village, Scrapbook, and Community features. Unregistered users can access the Q&A feature and only are able to read posts in Community (“Community-read–only” access).

    • Village is whyzz’s parent-controlled private social network.

    • Scrapbook is a “memory preservation” tool that is a central resource for each Village

    • Community is a public, social area on whyzz where parents can seek peers’ advice on how to talk about various topics with their children.

    • Q&A is the whyzz database of kid-ready answers to children’s many “what,” “how,” and “why” questions.

    Any attempt to circumvent, work around, supersede, or otherwise use whyzz, set up or use Village, Scrapbook, Community, or Q&A in any manner other than the manner outlined and contemplated in or by these Terms of Use shall serve as a basis for barring use of whyzz, any of its current or future functionalities, and may result in other liabilities by the offending party.

  4. whyzz Content and User Responsibility

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

    All users are solely responsible for deciding whether to use whyzz, content from Q&A, or to provide children with access to whyzz or any whyzz content and/or services. 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 whyzz (the “Content”). By using whyzz, you acknowledge and accept the risk that you could be exposed to Content that you may find offensive, indecent, or objectionable. Your use of whyzz 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 whyzz any Content posted to or transmitted through whyzz. The Content is offered for informational and comparative purposes, only. It is not intended to be a substitute for professional advice.

  5. User-Generated whyzz Content

    By using whyzz, you agree not to post or share content that is pornographic, obscene, sexually explicit, violent, abusive, or hateful. Considering the nature of the Content that is acceptable for posting on whyzz, whyzz Publications retains the sole right to determine what content may remain on whyzz and what content will be barred from whyzz. By posting any Content to whyzz, you warrant and represent that the Content is entirely your own original work or that the owner of the work has granted you the right to post or share the Content,and that its publication and reproduction on whyzz does not infringe upon the copyrights, trademarks, trade secrets, or proprietary rights of others. If you believe that any whyzz Content violates your copyright, you may notify whyzz Publications in accordance with its copyright policy, which you can find here: COPYRIGHT POLICY.

    By using whyzz, you agree that any Content you post or share will not constitute libel, defamation, invasion of privacy, or a violation of the right of publicity of any other person or business. You also warrant that you have the right to grant whyzz the rights in your Content that are outlined in Paragraph 5 (below). Registered users may post comments to articles on the Site. whyzz does not edit comments prior to publishing, and is not responsible for the content of comments. whyzz reserves the right to remove or not publish comments at its discretion, including where whyzz determines that a comment violates these Terms of Use. If you believe a comment violates the Terms of Use, the whyzz Privacy Policy, or otherwise violates your or someone else's rights, we invite you to notify us about your concerns here: hello@whyzz.com

  6. whyzz Publication’s Rights in Content Posted to the Community

    When you submit Content to the Community, Q&A, or other potentially publicly accessible areas of whyzz (“Accessible Content”), subject to the licenses here, you own the Accessible Content you submit and, unless whyzz Publications and you separately agree otherwise, you are free to use the Accessible Content you submit for your own purposes outside of whyzz. whyzz Publications desires to provide appropriate attribution for any Accessible Content submitted for use on whyzz, and you agree that whyzz Publications may cite you as the author of the Accessible Content you submit. When you submit Accessible Content to whyzz, you grant whyzz Publications a non-exclusive, perpetual, royalty-free and fully paid up worldwide license to display, transmit, reproduce, publish, distribute, create derivative works based upon, and otherwise use the Accessible Content in all forms and all media whether now known or later developed, including, without limitation, by combining or assimilating the Accessible Content (in whole or in part, alone or together with other materials). You further agree that whyzz Publications may, and hereby license whyzz Publications to, syndicate the Accessible Content for use, publication, and display by publications,Web sites, mobile applications, or software not controlled by whyzz Publications, or in connection with collections of works (such as anthologies, compiled works, or digests) which whyzz Publications may publish or to which whyzz Publications may contribute, including collections published by third parties.

    Although Accessible Content may be accepted by whyzz Publications, whyzz Publications is under no obligation to post or display the Accessible Content, and whyzz Publications may edit, modify, or remove any Accessible Content for any reason and at any time. Even if whyzz Publications edits, modifies, or removes Accessible Content, it retains any and all of the foregoing rights to any edited Accessible Content and unedited Accessible Content. whyzzPublications may assign, encumber, or sublicense any or all of its rights under these Terms of Use, including, without limitation, in connection with the sale of the whyzz Publications LLC business, or the whyzz Site, App, or other Services. These terms will apply to all Accessible Content you submit for use on whyzz unless you and whyzz otherwise mutually agree in a separate, written agreement.

    The rights outlined, considered, granted, and reserved here in regard touser-generated Accessible Content do not apply toContent a user posts in a Village and/or a Scrapbook.

  7. 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 whyzz 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:

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

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

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

    • 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:

    • Modify copies of any whyzz Publications-created materials.

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

    • You must not access or use for any commercial purposes any part of whyzz or any services or materials available through whyzz.

    • 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@whyzz.com

    • If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of whyzz in breach of the Terms of Use, no right, title, or interest in or to whyzz or any whyzzy Publications-created or other content on whyzz is transferred to you, and all rights not expressly granted are reserved by whyzz Publications LLC. Any use of whyzz 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, whyzz Village, whyzz Community, whyzz Scapbook, the whyzz logo, and all related names, logos, product and service names, designs, and slogans are trademarks of whyzz PublicationsLLC 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 whyzz are the trademarks of their respective owners.

    Prohibited Uses

    You may use whyzz only for lawful purposes and in accordance with these Terms of Use. whyzz Publications reserves the right to terminate (a) your access to whyzz and (b) your use of whyzz 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 whyzz:

    • 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 conductwhich, as determined by us, may harm whyzz Publications or users of whyzz or expose them to liability.

    Additionally, you agree not to:

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

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

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

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

    • 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 whyzz, the server on which the Site is stored, or any server, computer, or database connected to whyzz.

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

    whyzzPublications reserves the right to monitor all use of whyzz 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.

  8. Links from whyzz

    If whyzz 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 whyzz, 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.

  9. 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 whyzz 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 WHYZZ OR ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZ OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE, APPLICATION, OR OTHER DESTINATION LINKED TO IT.

    YOUR USE OF WHYZZ, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZIS AT YOUR OWN RISK. WHYZZ, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WHYZZ 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 WHYZZ. WITHOUT LIMITING THE FOREGOING, NEITHER WHYZZ PUBLICATIONS LLC NOR ANYONE ASSOCIATED WITH WHYZZ PUBLICATIONS LLC REPRESENTS OR WARRANTS THAT WHYZZ, 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 SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT WHYZZ OR ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZ 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, WHYZZ, ANY CONTENT ON WHYZZ, OR ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZ, 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 whyzz, including, but not limited to, user-generatedcontent, any use of whyzz's content, services, and products (e.g., Village, Scrapbook, Community, Q&A) other than as expressly authorized in these Terms of Use.

    Governing Law and Jurisdiction

    All matters relating to whyzz 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 whyzz 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.