Wenzani | What are Wenzani's Terms of Service?

Wenzani End User License Agreement
Wenzani.com website Terms of Service

Wenzani End User Licence Agreement

This End User Licence Agreement (Agreement) applies to your use of Wenzani on the iPhone operating system (Wenzani). Before you start using Wenzani, you need to read and accept this Agreement.

In this Agreement "440", "we" or "us" means Fourforty Inc and "Apple" means Apple Inc.

What about Apple?

This Agreement is between 440 and you (and is not with Apple) and applies to your use of Wenzani on the iPhone operating system. 440 (or its nominee) may enforce the Agreement against you.

440 (not Apple) is solely responsible for Wenzani. However, when you purchase Wenzani through Apple's iTunes, Apple's App Store Terms of Service apply.

How can I use and contribute to Wenzani?

You can only use Wenzani for personal, non-commercial purposes on an Apple-branded product that runs the iPhone operating system software (e.g. iPhone and iPod touch) that you own or control. Your licence to Wenzani is non-transferable and is subject to the Usage Rules set out in the App Store Terms of Service that you have agreed with Apple.

Wenzani may link to or use third party services. You must comply with any applicable terms and conditions attached to those services.

440 would love you to contribute Wenzani! However, if you do so, you agree that all of your contributions to Wenzani are your own work. You license us the non-exclusive, perpetual, irrevocable , royalty-free, worldwide rights to reproduce, communicate, edit, adapt (including translate) or otherwise use any content you post to Wenzani, including any feedback that you submit directly to Wenzani or via third party applications or websites available through Wenzani "your content”. This includes the right to sublicense to others at our discretion.

You also consent to your content being altered, edited or adapted for such uses, or to ensure your content does not infringe these terms or breach the law, as 440 sees fit. Although 440 will generally attribute you as the author, it's not always possible. So you consent to 440 not attributing authorship to you, or only attributing your registered 'handle'. 440 will ask you before publishing your real name.

You must ensure that your content does not contain anything that breaches any laws or rights, including by:

defaming any person
breaching any intellectual property rights
containing personal information (contrary to our privacy policy)
containing commercial advertising
containing excessively coarse language or content which would be rated R, RC or X by the Australian Classification Board (see www.classification.gov.au)

If you would like to include someone else's copyright material, trade mark or other intellectual property in your content you must first obtain and keep their written permission.

440 may remove your content from the site in our discretion. 440 may also terminate or suspend your registration (and any future accounts) if you have breached these terms multiple times or if the breach is serious.

440's content and trade marks

440 owns or licences all intellectual property rights in Wenzani, including 440's trade marks. Except as permitted by this Agreement, 440's intellectual property may not be used in any way or for any purpose without 440's permission.

Lonely Planet owns all intellectual property rights to Lonely Planet's content and trade marks featured in Wenzani.

Of course, 440 would love you to tell your friends about how great Wenzani is, but you can't share it by forwarding or sending to any person.

Limitation of liability and indemnity

If Wenzani does not comply with any warranty given by Apple, you should notify Apple.

You must:

own all of the work you upload to Wenzani or have the permission from the owner of the content to upload it;
be able to grant 440 the rights under this End User Licence Agreement (so, for example, you cannot grant us rights if you have already granted someone else exclusive rights); and
obtain the consent of the owner of any work incorporated into the content you upload to Wenzani;

because serious legal consequences can happen to you, 440, and other parties if you do not (like legal action for infringement).

You indemnify 440 against all losses, costs and expenses directly incurred by 440, in connection with a demand, allegation, action, proceeding or claim that you do not own all of your work, you are not able to grant 440 rights or you do not have the consent of an owner to incorporate their work into yours. 440 must take reasonable steps to mitigate its loss.

THE FOLLOWING APPLIES TO END USERS WHO LIVE OUTSIDE AUSTRALIA, THE UK AND THE EU:

WE ARE NOT RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED IN CONNECTION WITH THE USE OF WENZANI OR ANY CONTENT ON WENZANI, OR ON THIRD PARTY WEBSITES OR SERVICES AVAILABLE VIA WENZANI. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT WENZANI OR ITS CONTENT AND EXCLUDE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY LIABILITY WHICH MAY ARISE AS A RESULT OF THEIR USE. WE WILL NEVER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, OR LOSS OF PROFITS OR REVENUE ARISING OUT OF THE USE OF WENZANI. YOU INDEMNIFY 440 AGAINST EACH CLAIM, ACTION, PROCEEDING, JUDGMENT, DAMAGE, LOSS, EXPENSE OR LIABILITY INCURRED OR SUFFERED BY, OR BROUGHT, MADE OR RECOVERED AGAINST US IN CONNECTION WITH ANY BREACH BY YOU OF THESE TERMS.

THE FOLLOWING APPLIES TO RESIDENTS OF AUSTRALIA, THE UK AND THE EU:

WE USE REASONABLE CARE AND SKILL TO ENSURE THE ACCURACY OF THE INFORMATION PROVIDED ON WENZANI. ALL INFORMATION ON WENZANI IS PROVIDED BY THIRD PARTIES AND 440 PASS THIS INFORMATION ON "AS IS”. 440 CANNOT GUARANTEE WENZANI WILL BE 100% ACCURATE OR CONTINUOUS AT ALL TIMES. THE INFORMATION ON WENZANI IS GENERAL AND MAY NOT BE SUITABLE FOR YOUR PARTICULAR NEEDS.

Subject to the paragraph below, 440 is responsible for:

loss suffered by you as a result of a serious breach of this Agreement by 440 if the loss was reasonably foreseeable by both you and 440 when this Agreement was entered into; and
damage to property caused by 440's negligence if the loss was reasonably foreseeable at the time when this Agreement was entered into however, 440 will only repair or replace the property (or pay to do so).

440 is not responsible for:

loss that was not reasonably foreseeable;
loss that was not caused by 440's breach of this Agreement or by 440's negligence;
business losses (such as lost data, lost profits or business interruptions) or loss suffered by non-consumers;
losses caused by factors which could reasonably be considered to be outside 440's control (such as faults in third party equipment); and
any loss caused, or contributed to, by your breach of contract or your negligence.

You must take all necessary steps to minimise the extent of any loss you may suffer in accordance with this Agreement, and you must notify 440 in writing of your loss within 30 days.

Your privacy

Wenzani may use location-based application programming interfaces that collect information about your location for the purposes of supporting the relevant functionality.

If you have any questions about how 440 deals with personal information, please read our privacy policy. You can access and update your personal information in the 'profile' section at any time.

Help!

If you need help or want to make a complaint, you can contact us.

What else should I know?

440 (not Apple) is responsible for providing any maintenance and support of Wenzani.

440 (not Apple) is responsible for:

addressing any claims from you or any third party relating to Wenzani, or your use and/or possession of Wenzani, including: (i) product liability claims; (ii) any claim that Wenzani fails to conform with any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and
the investigation, defense, settlement and discharge of any third party claim that Wenzani or your use or possession of Wenzani infringes their intellectually property rights.

You cannot download or use Wenzani in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.

Any legal issues arising from your use of Wenzani will be dealt with under the laws of California. If there is a conflict between this Agreement and Apple's App Store Terms of Service, Apple's App Store Terms of Service will prevail to the extent of the inconsistency.

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Wenzani.com Website Terms of Service

These are the terms that govern your use of this site. We may change these terms now and then (and may or may not let you know we have), so check them regularly.

Using our site:

These terms govern your use of wenzani.com (the site), so please read them carefully. The terms may change from time to time, so check them regularly.

No commercial use of this site is permitted. You may use the site for personal, non- commercial purposes only.

Fourforty trademarks and copyright

All content on the site is owned by Fourforty, Inc (us) or licensed to us by our other licensors. You may not copy or use any part of our site without our permission.

Our trademarks (including the Fourforty and Wenzani trademarks and logos) may not be used in any way or for any purpose without our permission.

Your privacy

Please read our privacy policy.

Disclaimer

WE USE REASONABLE CARE AND SKILL TO ENSURE THE ACCURACY OF THE INFORMATION WE PROVIDE ON THE SITE. SOME INFORMATION ON THIS SITE IS PROVIDED BY THIRD PARTIES AND WE PASS THIS INFORMATION ON “AS IS”. WE CANNOT GUARANTEE THIS SITE WILL BE 100% ACCURATE OR CONTINUOUS AT ALL TIMES. THE INFORMATION ON THIS SITE IS GENERAL AND MAY NOT BE SUITABLE FOR YOUR PARTICULAR NEEDS. YOU SHOULD VERIFY CRITICAL INFORMATION (LIKE ADVICE ABOUT VISAS AND HEALTH AND SAFETY) INDEPENDENTLY BEFORE YOU TRAVEL.

Any legal issues will be dealt with under the laws of California, USA.