3. YOUR ACCOUNT
You may create an account with Wayaj and connect to the App through your Facebook account. When you create an account with Wayaj, you will be required to create a user profile. Your user profile may include a short bio and personal travel-related information such as countries that you have visited and a bucket list to allow us to better offer targeted marketing and travel properties on the App landing page when you sign in to your account. When you connect to the App using your Facebook account, you will give us access to certain of your Facebook account information, including your name, user ID, email address, birth date, gender, profile photo and public profile information. You are responsible for maintaining the confidentiality of your App and/or Facebook password(s) and restricting access to your password(s) and account. By creating an account and/or connecting via Facebook, you further agree to accept responsibility for all activities that occur under your account and agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account with Wayaj at any time for any or no reason.
Your Wayaj account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to Wayaj. You are prohibited from: impersonating someone else; creating or using an account for anyone other than yourself; providing any email address or other contact information other than your own; or creating multiple accounts.
4. INTELLECTUAL PROPERTY RIGHTS; CONTENT
Unless otherwise noted, Wayaj, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, and any other materials that appear as part of or on Wayaj (collectively, the “Content”), are protected by copyright, trade dress, and/or trademark laws of the United States, and all worldwide rights, title and interest in and to Wayaj and Content are owned, controlled and/or licensed by us. Please note that certain trademarks, product names, company names, logos, service marks or material displayed on Wayaj may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.
Wayaj and all related names, logos, product and service names, designs and slogans are registered trademarks of Wayaj, Inc. or its subsidiaries, affiliates or licensors. Such marks cannot be used without our prior written permission.
Except as may be expressly permitted by us, you may not use, reproduce, copy, publish, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, Wayaj, or any related software. You are hereby granted a non-exclusive, limited and revocable license to view the Content on Wayaj, but only while accessing Wayaj.
While we attempt to be as accurate as possible, the Content may contain omissions, errors, or may be out of date. We do not represent or warrant that hotel descriptions, photographs, pricing or other Content is accurate, complete, current or error-free. We may, in our sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to you.
5. ACCESS TO AND USE OF SITE; ACCEPTABLE USE POLICY; ACCOUNT SECURITY
We do not guarantee that Wayaj, or any Content on it, will always be available or uninterrupted. Access to Wayaj is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all part of Wayaj without notice. We will not be liable to you if, for any reason, the Site or App is unavailable at any time or for any period.
Although we make reasonable efforts to update the information on Wayaj, we make no representations, warranties or guarantees, whether express or implied, that the content on Wayaj is accurate, complete or up to date.
ACCEPTABLE USE POLICY
a. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, frame, use, transfer or sell any information, products, services or Content provided through or obtained from Wayaj, including without limitation, engage in the practice of “screen scraping,” or any other similar activity;
b. hack into Wayaj, the server on which Wayaj is stored, or any server, computer or database connected to Wayaj, or attack Wayaj via a denial-of-service attack or a distributed denial-of service attack;
c. modify another Site or App so as to falsely imply that it is associated or affiliated with Wayaj;
d. damage, disable, overburden, transmit any worms, viruses, trojans, logic bombs or other material of a destructive nature, or interfere with any other party’s use and enjoyment of Wayaj;
e. violate any applicable laws, rules or regulations in your jurisdiction;
f. use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a “robot,” “spider” or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of Wayaj; or
6. DMCA – COPYRIGHT COMPLAINT POLICY; INFRINGEMENT NOTIFICATION
We respect the intellectual property rights of others, and require that the people who use Wayaj do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2), named below:
• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Notices of claims of copyright infringement on Wayaj should be emailed or mailed to our designated Copyright Agent as follows:
info(@)wayaj.com with the subject “Copyright Infringement Notice”.
We encourage you to consult an attorney before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys’ fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above and applicable law, including but not limited to the Digital Millennium Copyright Act of 1998.
In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. We may also limit or restrict access to Wayaj and/or terminate the accounts of any users who are deemed by us to infringe any intellectual property rights of others, whether or not there is any repeat infringement, in our sole discretion.
8. DISCLAIMER; WARRANTIES
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, SERVICES, INFORMATION, SITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH WAYAJ, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF WAYAJ, PRODUCTS, SERVICES OR ANY THIRD PARTY SITE(S), PRODUCTS OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST WAYAJ OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM WAYAJ OR THIRD PARTY SITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH WAYAJ OR ANY THIRD PARTY SITE(S) BY WAYAJ OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY SITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
NO PERSON (INCLUDING ANY AGENT, DEALER OR REPRESENTATIVE OF WAYAJ) IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER WARRANTIES OR REPRESENTATIONS.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL Wayaj, Inc., OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, OR VENDORS (COLLECTIVELY, THE “WAYAJ RELEASED PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, WAYAJ; (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, PRODUCTS, MATERIALS, CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH WAYAJ OR ANY THIRD-PARTY SITE(S); OR (C) THE CONDUCT OF OTHER USERS OF WAYAJ, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF WAYAJ. YOUR SOLE REMEDY AGAINST THE WAYAJ RELEASED PARTIES FOR DISSATISFACTION WITH WAYAJ OR ANY CONTENT IS TO STOP USING WAYAJ. THAT SAID, IF ANY OF THE WAYAJ RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF WAYAJ, ANY CONTENT, OR PURCHASE OF ANY PRODUCTS OR SERVICES ON OR THROUGH WAYAJ, THE WAYAJ RELEASED PARTIES’ TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS NOTED IN SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.
10. THIRD PARTY VENDORS/SUPPLIERS
Please note that if Wayaj has any third party products or services on Wayaj, these products/services are provided by third party vendors/suppliers and not by Wayaj. As set forth in Sections 8 and 9 above, we are not responsible for any third party products/services or for the actions or inactions of any third party vendors or suppliers. While we aim to ensure that all third party vendors and suppliers are honest and truthful when making representations regarding their products/services and/or any causes they claim to support and how, we cannot warrant or represent that the statements they make are truthful, complete or accurate. Please contact the relevant third party vendor or supplier if you have further questions regarding their products or services.
Any and all offers or promotions advertised on Wayaj are void where prohibited, and are subject to the official rules or terms and conditions of any such offers or promotions.
12. GENERAL LEGAL PROVISIONS
© 2017-2019 Wayaj, Inc. All rights reserved.
Last Updated: March 16, 2021