WYA, Inc. and its affiliates (“WYA,” “we” or “us”) thanks you for visiting our website (the “Website”) and/or accessing our mobile application (the “Mobile Application,” and together with the Website, the “App”). The following Terms and Conditions (the “Terms”) apply in their entirety when you: a. access or use the App; and/or b. register as a member (“Member”) on the App, which provides you with access to some or all of the App’s features, activities, content, widgets, and applications (collectively, the “Services). WYA’s Privacy Policy (“Privacy Policy”) and any other WYA operating rules, policies, and additional supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference. ARBITRATION NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT PROVISION, YOU AND WYA AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND WYA WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Please feel free to contact us with any questions you might have regarding these Terms. You may send us an e-mail at support@wyaapp.com or write to us at: 1100 Park Avenue, NY, NY, 10128.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE APP AND/OR USING THE SERVICES. BY ACCESSING OR UTILIZING THE APP AND/OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND THAT YOU CONSENT TO BE BOUND BY THEM. YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS IS A CONDITION TO YOUR RIGHT TO ACCESS AND UTILIZE THE APP AND/OR THE SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU ARE NOT AN AUTHORIZED USER OF THIS APP AND YOU SHOULD NOT USE THIS APP OR THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE APP YOU MUST AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH CHILD’S USE OF THE APP. WYA may modify the Terms or add or remove terms at any time, and each such modification, addition or deletion will be effective immediately upon posting on the App. Your use of the App or the Services following any such posted modification, addition or deletion constitutes your agreement to be bound by and your acceptance of the Terms as so modified. It is therefore important that you review the Terms regularly. IF YOU DO NOT AGREE TO BE BOUND BY THE MODIFIED TERMS, YOU ARE NOT AUTHORIZED TO ACCESS THE APP AND/OR USE THE SERVICES, AND YOU MUST IMMEDIATELY DISCONTINUE DOING SO.
In order to access or use the Services, you must register as a Member by creating an account. When you register for an account with WYA, you must supply certain registration data, which may include your full name; e-mail address; home address; telephone number; and any and all other information requested on the applicable registration form (collectively, “Registration Data”). By registering, you represent and warrant that all Registration Data and other information you submit to or through the App is truthful, accurate, current and complete, and you agree to immediately provide corrected information if any of the submitted information is no longer truthful, accurate, current and complete. WYA will verify and approve all registrants in accordance with its standard verification procedures. You are responsible for maintaining the confidentiality of your account, and for restricting access to your mobile phone and/or computer. You agree to accept responsibility for all activities that occur through use of your account. If you have reason to believe that your account is no longer secure, you will immediately notify WYA in writing of the problem. WYA will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms. As a Member, you agree that WYA may electronically provide you (via email or postings or links on the App) with notices and other communications regarding the App, the Services and/or your use thereof, as well as special offers, promotions, commercial advertisements, and marketing materials. You agree that WYA may send the foregoing communications to you via your account or any email address(es) which you provide to WYA as part of your account registration or otherwise. You agree that you will not:
We may sell tickets to certain ticketed events (the “Ticketed Events”) on behalf of the sponsor who offer or provide the events (the “Event Organizer,” which may include certain Establishments, as defined further below). When you purchase a ticket for a Ticketed Event, WYA will handle the transaction and collect payment for the Event Organizer. We sell tickets on behalf of Event Organizers, which means we do not set the ticket prices. Event Organizers set the face price of their tickets.
We may also, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same account, method of payment, email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment, as defined below, has been charged, we will refund the billed amount pursuant to the method of payment utilized by you to place the order.
If your Ticketed Event is canceled, postponed, rescheduled, or moved, we will attempt to contact you to update you on the status of the Ticketed Event, and inform you of any refund, credit, or exchange procedures.
WYA will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled, postponed, rescheduled, or moved Ticketed Event.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. WYA cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms, the term “Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or you otherwise make accessible to WYA on or through the Services. Content you add, create, upload, submit, distribute, post or otherwise obtain through your use of the Services, including Content that you add to the Services if you link your accounts to third party websites and services, is collectively referred to as, “User Content.”
All text, graphics, button icons, images, audio clips, video clips, software, copyrighted items, other content and materials comprising this App and our Services (collectively, “WYA Content”) belong exclusively to WYA, its affiliates, or licensors. For the purposes of clarity, WYA Content does not include User Content, as defined above. The collection, arrangement, and assembly of all WYA Content (the “Compilation”) belongs exclusively to WYA or its affiliates. All software used on or in conjunction with this App (the “Software”) is the property of WYA, its affiliates, licensors or its suppliers. The WYA Content, the Compilation and the Software (“WYA Intellectual Property”) are all protected by U.S. and international copyright laws and other laws. As between you and WYA (or any other company whose marks appear on the App), WYA (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name, logo, slogans and/or service mark appearing on the App. Subject to these Terms, WYA grants you a personal, worldwide, royalty-free, non-exclusive, non- sublicensable, non-transferable and revocable license to access, and use the WYA Content, solely for non-commercial use. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. You agree not to authorize or permit any third party to distribute or make the App available over a network where it can be used by multiple devices at the same time; nor will you remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Services. You shall not sell, license, rent, or otherwise use or exploit any WYA Content for commercial (whether or not for profit) use or in any way that violates any third party right.
Any User Content submitted by you to the App and/or the Services will be deemed non-proprietary and non-confidential and may be used by WYA without restriction. We may use your User Content in a number of ways in connection with our Services as WYA may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Content on our App or otherwise through the Services, you hereby grant WYA a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to host, use, store, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content. You also grant each user of our App and/or the Services, including Third Party Media, a non-exclusive license to access your User Content through our App and the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content in connection with their use of our App, Services and Third Party Media. For clarity, the foregoing license grant to WYA does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your Content, unless otherwise agreed in writing with WYA. You affirm, represent, and warrant that you are the sole and exclusive owner of or have the necessary licenses, rights, consents, and permissions in the User Content and any intellectual property contained therein. You shall be solely responsible for any User Content submitted by you to the App and/or the Services and the consequences of posting or publishing such User Content. You understand that all information publicly posted or privately transmitted through our App or the Services is the sole responsibility of the person from which such Content originated; that WYA will not be liable for any errors or omissions in any Content; and that WYA cannot guarantee the identity of any other users with whom you may interact in the course of using our Services. When you delete your User Content, they will be removed from the App. However, you understand that any deleted User Content may persist in backup copies for a reasonable period of time (but following removal, it will not be shared with others) or may remain with users or third parties who have previously accessed or downloaded your User Content.
As a condition of your use, you shall not use the Services for any purpose that is prohibited by these Terms. You are solely responsible for all of your activity in connection with the Services. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through our Services, including without limitation any User Content, that:
You shall not (directly or indirectly):
You acknowledge and agree that any Content you view or post on the App is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of WYA, and WYA does not support or endorse any User Content or any other content or otherwise posted by you or any other user. You acknowledge that WYA does not pre-screen, monitor, review, or edit the User Content posted by you and other users on the App. However, WYA and its designees have the right (but not the obligation) in their sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in WYA’s judgment, does not comply with these Terms or is otherwise undesirable, inappropriate, or inaccurate, or for no reason at all. Any or all postings on or through the App may be deleted or removed periodically in WYA’s sole discretion. WYA is not responsible for any failure, non-failure, or delay in removing such User Content. In this regard, you acknowledge that you may not rely on any User Content available on the App, whether created by WYA or submitted to WYA. User Content may include the opinions, statements and other content of other users, not WYA. WYA does not endorse any such opinions, statements or other content posted on or accessible through the App. You are solely responsible for your interactions with other users of the App. WYA also reserves the right to access, read, preserve, and disclose any information as WYA reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of WYA, its users and the public. You understand that the technical processing and transmission of the App may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. WYA assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the App. These rules are only the minimum level of conduct that we expect for our App and Services. We also ask that you use common sense and be considerate toward other users. We reserve the right, in our sole discretion, to limit or terminate your access to or use of the App and/or the Services at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.
WYA, in its sole discretion, may make promotional offers with different features and different pricing to any Member. These promotional offers are subject to these Terms and may be valid only for certain Members as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by WYA; (iii) are subject to the specific terms that WYA establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer. WYA reserves the right to withhold or deduct credits or benefits obtained through a promotion, or to charge additional amounts that would have applied to the transaction had the promotion not applied, in the event that WYA determines or believes on reasonable grounds that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms. WYA reserves the right to modify or cancel an offer at any time. Any credit issued by WYA under this section will expire at 8:00 AM the day after they are claimed, except to the extent prohibited under applicable law and may not be redeemed for cash or cash equivalent; however, your credits may expire earlier if your account is deactivated. Upon expiration, credits will be removed from your account. Expired credits are no longer redeemable and cannot be used towards any order.
WYA provides a platform that helps Members navigate the nightlife scene by helping them discover events at various venues and other establishments (“Establishments”). We focus on enhancing your nightlife experience by offering a platform to help you create and locate events and provide you with content related thereto. The events listed on our App are owned and operated by our Establishment partners. These events may carry inherent risk and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events. WYA is not responsible for any liability associated with your attendance of an event, including for personal injury, property damage, or wrongful death. Ultimately, the Establishment reserves the right to deny entry for any reason and WYA is not involved in that decision. WYA is not a party to any transaction between Members and Establishments.
WYA may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with the Services. If you wish to terminate your account, you may do so by following the instructions on our App. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If for some reason you ever want to delete your account (or your Child's account, if you are his or her Parent), you can do that at any time by contacting us at support@wyaapp.com. When you delete your account, we delete your profile information and any other content you provide in your profile (such as your name, screenname, password, email address, bio, and profile photos). Additonally, we will delete all information collected from the permissions you grant us through your device. Information that you have shared with others, others have shared about you, or content other users may have copied and stored, is not part of your account and may not be deleted when you delete your account.
The App and/or the Services may display, include, or make available links to certain third-party website, services or resources (“Third-Party Websites”). When you access the Third-Party Websites, you do so at your own risk. The Third-Party Websites are not under WYA’s control, and WYA does not endorse, is not responsible for and shall have no liability to you with respect to the business practices, privacy policies or content, materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Third-Party Websites. By accessing a Third-Party Website, you may be disclosing your private information and be exposing yourself to content that you find disturbing. It is your responsibility to read and understand the privacy, membership, payment and other policies of the Third-Party Websites and to determine on your own whether or not you will have any interaction with any of the Third-Party Websites. WYA encourages you not to provide any personally identifiable information to any Third-Party Websites unless you know and are comfortable with the party with whom you are interacting. You agree that WYA is not responsible for and shall have no liability to you, with respect to merchandise, products, and/or services advertised, featured, mentioned, sold, distributed, displayed or linked on or through the App or the Services.
WYA has no special relationship with or fiduciary duty to you. You acknowledge that WYA has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; effects, if any, the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release WYA from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. WYA makes no representations concerning any Content contained in or accessed through the Services, and WYA will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. You release us from all liability relating to your connections and relationships with other users of the App, including any Members. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals. THE SERVICES AND USER CONTENT AND ANY OTHER INFORMATION PROVIDED ON OR AVAILABLE THROUGH THE SERVICES AND/OR THE APP ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WYA MAKES NO WARRANTY THAT ANY SERVICES AND/OR THE USER CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE PROGRAMS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; (E) AND/OR WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THAT WE SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO ANY THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE, TO PROVIDE OR MAINTAIN YOUR ACCESS TO THE APP AND/OR THE SERVICES, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN WYA AND YOU. WE SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE ACCURACY, QUALITY, TIMELINESS, PERFORMANCE, RELIABILITY, OR COMPLETENESS OF THE INFORMATION OR SERVICES CONTAINED ON OR BY THE APP, OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE DATA OR INFORMATION AVAILABLE ON OR BY THE APP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WYA, ANY MEMBERS, THIRD-PARTY PROVIDERS, ANY OTHER USERS, OR OTHERWISE THROUGH OR FROM THE APP, THE SERVICES, AND/OR USER CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WYA SHALL NOT BE LIABLE TO YOU OR ANY THIRD- PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES EVEN IF WYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WYA ALSO SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR: (A) THE USE OR THE INABILITY TO USE THE APP, SERVICES, OR USER CONTENT; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE APP, SERVICES, OR USER CONTENT; (C) THE FAILURE TO REALIZE ANY SPECIFIC BENEFIT OR RELATED OUTCOME THROUGH USE OF THE SERVICES; (D) ANY LOST, STOLEN, OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET; AND (E) ANY OTHER MATTER RELATING TO THE APP, USER CONTENT AND/OR SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MEDICAL AND OTHER MALPRACTICE, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE WYA FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
Without limitation of WYA’s other rights and remedies, you agree to indemnify and hold harmless WYA and its suppliers, licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney’s fees) arising out of or related to (a) your use of the App or any of the Services; (b) your User Content; (c) your violation of any rights of a third party; (d) any dispute between you and any Member, or any other user of the Website or third-party; (e) any dispute between you and Facebook and/or Google; and (f) your breach of these Terms or any violation of law or regulation.
Nothing contained in or on the App should be construed as a solicitation of an offer of employment, or to engage in any other transaction. The information provided on the App is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the App do so of their own initiative and are responsible for compliance with applicable local laws and regulations. The App is not directed to any person in any jurisdiction where the publication or availability of the App is prohibited by reason of that person’s nationality, residence or otherwise. Any user subject to these restrictions must not access the App.
WYA specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the App or the Services any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is WYA’s policy to terminate, under appropriate circumstances, the account of users who are determined to be repeat infringers. If you believe that your intellectual property has been copied and is accessible on the App or via the Services in a manner that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you will need to send a written or electronic communication that includes all of the following information:
The laws of the United States of America, State of New York, shall govern these Terms and your use of the App and/or the Services, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. YOU AND WYA AGREE THAT ALL CLAIMS OR DISPUTES CONCERNING OR ARISING OUT OF THE APP AND/OR THE SERVICES AND/OR THESE TERMS SHALL PROCEED SOLELY ON AN INDIVIDUAL, NOT CLASS ACTION OR REPRESENTATIVE BASIS, IN BINDING ARBITRATION BEFORE AND SUBJECT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY PARTY MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR TEMPORARY INJUNCTIVE OR OTHER EQUITABLE RELIEF IN AID OF ARBITRATION. ANY CLAIMS, DISPUTES, ACTIONS OR PROCEEDINGS BY WYA RELATING TO ITS INTELLECTUAL PROPERTY RIGHTS AND/OR TO PREVENT UNFAIR COMPETITION, MISAPPROPRIATION OF TRADE SECRETS, UNAUTHORIZED ACCESS, FRAUD, INDUSTRIAL ESPIONAGE, AND OR FRAUD (INCLUDING COMPUTER FRAUD) MAY BE BROUGHT IN THE FEDERAL COURTS IN THE CITY AND COUNTY OF NEW YORK, NEW YORK AND YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURTS.
WYA reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on our App or by sending you notice through the Services or via email. WYA may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
If any of the provisions of these Terms are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms, which shall be given full effect, without regard to the invalid portion(s).
No failure of WYA to enforce any of its rights under these Terms will act as a waiver of such rights. The captions and headings appearing in these Terms are inserted only as a matter of convenience and in no way shall be construed as defining or limiting the scope or intent of any provision of these Terms, nor in any way affecting them.
Please review our Privacy Policy for information on how we collect, use, disclose and otherwise manage personal information we collect on the App, and the measures we take to safeguard the information.