TYPEWINDER™ END USER LICENSE AGREEMENT

 

This End User License Agreement constitutes a valid and binding agreement (“Agreement”) between you (“Licensee”) and Crazy Curious LLC (“Licensor”) for the use of Typewinder™ Application for Android-based Mobile Phones ("Application") provided to Licensee by Licensor.  By installing the Application, Licensee agrees to be bound by the terms of this Agreement.  Licensee hereby waives any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

Licensee understands and agrees that this Agreement does NOT grant Licensee full rights to use the Application, only to install it.  If Licensee wishes to make full use of the Application, Licensee must purchase a full use license from Licensor.

  1. 1.LICENSE GRANTED: Licensor grants Licensee a non-exclusive, non-transferable, non-sub-licensable, fully revocable, limited use license to install and use this Application solely and exclusively for Licensee’s personal use. Licensor reserves any right not expressly granted to the Licensee. In return for this grant, Licensee agree that Licensee are solely responsible for Licensee’s use of the Application, any breach of Licensee’s obligations under this EULA, and for the consequences of any such breach.  Licensee understands that all updates and upgrades to the Application are subject to this EULA.

 

  1. 2.LIMITATIONS ON USE: Licensee, including any third party acting on Licensee’s behalf, is restricted from any actions not explicitly granted by this Agreement, including, but not limited to, the following actions:
  1.     A.Licensee shall not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Application or any part of it.
  2.     B.Licensee shall not undertake, cause, permit or authorize the translation, reverse engineering, de-compiling, disassembling or hacking of the Application or any part of it.
  3.     C.Licensee shall not attempt to create any competing product for the Application.
  4.     D.Licensee shall not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application).
  5.     E.Licensee shall not use the Application in any manner that could interfere with another party's use and enjoyment of the Application (or servers or networks connected to the Application).

 

  1. 3.CHANGES TO APPLICATION: Licensor, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Application.  Licensee understands and agrees that Licensor has no obligation to make available to Licensee any subsequent versions of the Application, unless otherwise agreed.  Licensee also agrees that Licensee may have to enter into a renewed version of this Agreement, in the event Licensee wants to install or use a new version of the Application.  Furthermore, Licensee understands and agrees that Licensor is in no way liable for damages of any kind nor is Licensor obligated to assist Licensee in any way, should such changes cause loss of functionality, errors, or other such issues on Licensee’s mobile device.
    4.INTELLECTUAL PROPERTY RIGHTS: Licensee acknowledges that the Application is the sole and exclusive property of Licensor and contains Intellectual Property Rights and constitutes proprietary and confidential information as protected by applicable intellectual property and other laws.  "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. Licensee shall not take any action that interferes with or diminishes Licensor’s Intellectual Property Rights.

 

  1. 5.US GOVERNMENT USE RESTRICTIONS: This Application, related materials and documentation have been developed entirely with private funds. If the user of the Application is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Application, including technical data or manuals, is restricted by the terms, conditions and covenants contained in these Terms and Conditions. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the Application is further restricted by this Agreement.
  1. 6.EXPORT RESTRICTIONS: The Application may be subject to export controls or restrictions by the United States or other countries or territories. Licensee agrees to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.

 

  1. 7.INDEMNITY: To the maximum extent permitted by law, Licensee agree to defend, indemnify and hold harmless Licensor, its affiliates and respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from Licensee’s downloading, installing, or use of the Application or Licensee’s violation of this Agreement.
  1. 8.DISCLAIMER OF WARRANTIES: THE APPLICATION IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; LICENSOR DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE APPLICATION, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE.  LICENSOR FURTHER DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL ALWAYS WORK PROPERLY ON LICENSEE’S MOBILE DEVICE IN AN UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE MANNER.  LICENSEE ASSUMES ALL RISKS ARISING OUT OF LICENSEE’S USE OF THE APPLICATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW.  SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSIONS AND LIMITATIONS AS SPECIFIED HERE AND TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO LICENSEE.

 

  1. 9.LIMITATION OF LIABILITY: LICENSEE UNDERSTANDS AND AGREES THAT LICENSOR AND ITS AFFILIATES WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM LICENSEE USE OF THE APPLICATION OR DERIVATIVE WORKS, AS SET FORTH BELOW.  IN NO EVENT SHALL LICENSOR OR ITS AFFILIATES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSE WORK OR DERIVATIVE WORKS, EVEN IF LICENSOR OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  LICENSEE’S ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION IS LIMITED TO ITS REMOVAL FROM LICENSEE’S MOBILE DEVICE.  SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSIONS AND LIMITATIONS AS SPECIFIED HERE AND TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO LICENSEE.
  1. 10.TERMINATION: This Agreement continues to apply until terminated by either Licensor or Licensee.  Licensee may terminate this Agreement by the removal of the Application from Licensee’s mobile device in its entirety. Licensee’s rights under this Agreement automatically and immediately terminate without notice from Licensor should Licensee fail to comply with any provision of this Agreement. 

 

    • 11.GENERAL TERMS AND CONDITIONS: This Agreement constitutes the entire understanding between Licensee and Licensor relating to the Application and governs Licensee’s use of the Application, completely replacing any prior or contemporaneous agreements between Licensee and Licensor regarding the Application.  The failure of Licensor to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision, which will still be available to Licensor.  Should any provision of this Agreement be deemed invalid or unenforceable by a court of law, either in its entirety or in a particular application, the remainder of this Agreement still remains in full force and effect. Licensor is allowed to at its sole discretion assign this Agreement or any rights hereunder to any affiliate of Licensor, without giving prior notice to Licensee; Licensee may not assign its rights and duties under this Agreement.  This Agreement shall be governed by the laws of the State of Colorado without regard to its conflict of laws provisions. Licensee consents to the exclusive jurisdiction of the courts located within the county of Denver, Colorado to resolve any legal matter arising from this Agreement. Notwithstanding this, Licensee agrees that Licensor will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

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The last update to our Privacy Policy was posted on February 27, 2011.  This Privacy Policy governs the privacy terms of our Website, www.TypeWinder.com, as well as our mobile applications (Apps), as all owned and operated by Crazy Curious, LLC (Crazy Curious).

 

Definitions

 

"Non-Personal Information" (NPI) is information that is not personally identifiable to you and we automatically collect when you access our Website with a web browser.
"Personally Identifiable Information" (PII) is non-public information that is personally identifiable to you and obtained in order for us to sell you and for you to use our Apps.  PII may include information such as your name, address, phone number, corporate information, credit card information, and other related information that you provide to us or that we obtain about you.
The terms “us” or “we” or “our” refers to Crazy Curious, LLC, the owner of this Website and the Apps found on it. 
A “Visitor” is someone that merely browses our Website.
A “Member” is someone who has registered with our Website to purchase and/or use our Apps.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website and/or Apps, whether free or our paid, are collectively known as our “Content”.

 

Information We Collect

 

When you enter our Website, we collect Non-Personal Information such as your browser type and IP address.  Likewise, in order for you to download and/or purchase our Apps and for other reasons, we may collect Personally Identifiable Information about you from what you enter into applications or other forms on our Website, in the Android Marketplace, and in your transactions with our Website.

 

Why We Collect Your Personal Information

 

All personal information - including mailing address, full name, email address, phone number and payment information - is only used for our company's operations and marketing.  We may also ask for your age to remain compliant with state and federal laws.

 

Protecting Your Child’s Privacy

 

We adhere to the United States’ Children’s Online Privacy Protection Act (COPPA), which requires us to have a parent’s permission before we may collect any information of a child that is under the age of 13.  Parents or legal guardians must first grant permission before we collect the information of customers under the age of 13; if you are under the age of 13, please do not use our Website.  As this site caters to mobile application users from various age demographics, it is possible that a child under 13 may provide information to us.  As a parent or legal guardian of such a child, you may send inquiries to us if you believe that your child is using our Website and you want us to remove any personal information about your child.  Please note that we will need to verify the identity of anyone requesting the information about a child to ensure that the person is in fact the child's parent or legal guardian, and that a request for us to delete all personal information about a child requires us to cancel such child's account.  Once we have received proper notification, we will cancel such child’s account and no longer collect this information. 

 

Use of Credit Cards

 

You may have to provide a credit card to purchase our Apps or other products from our Website.  We use 3rd party billing services and HAVE NO CONTROL over them.  We will use our best efforts to make sure that your credit card number is kept STRICTLY CONFIDENTIAL by using only 3rd party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use.  However, you understand and agree that we are in no way responsible for any misuse of your credit card number.

 

Mobile Content

 

Our Apps our primarily utilitarian in nature and there is typically no need to provide PII during the use of such Apps.  However, some of our Apps may allow PII to be transmitted to other mobile application users.  While we use industry standard technology to protect your privacy, you understand and agree that due to the nature of mobile devices, we cannot completely insure the privacy of your PII.  As such, you should not post any PII through our Apps that you wish to remain private.

 

 

Links to Other Websites

 

Our Website may contain links to other websites.  You understand that these websites are not under our control and are not subject to our Privacy Policy.  These websites will likely have their own privacy policies.  We have no responsibility for these websites and provide links to these websites solely for your convenience.  You acknowledge that your use and access of these websites is solely at your own risk.  It is your responsibility to check the privacy policies and other legal documents of these websites to see how they treat your personal information.

 

When We May Use or Share Your Information

 

We only use the PII you submit our Website to provide you with the information and/or Apps that you request.  You are responsible for ensuring the accuracy of the PII you submit to our Website.  Inaccurate information may affect your ability to use or Website; to purchase, download, or otherwise use Apps from our Website; and our ability to contact you as described in this Privacy Policy (i.e. your email address should be kept current).
Our affiliates may have products, services, or offers about which you may be interested in receiving information.  We reserve the right to provide basic contact PII to our affiliate for them to contact you.  If you no longer wish to receive information from our affiliates, you can let us know and we will promptly remove you from further affiliate contact.
We may also combine information you give us through our Website or through printed forms as well as from information we receive about you from other parties.  We will use this combined information to enhance your online experience and to let you know about new products, services, offers, and other promotions.
In order to give you the best possible service, we may use our affiliates to provide contracted services for our business, including, but not limited to processing credit cards, hosting our Website, shipping products to you, or advertising.  In many cases, we will need to provide some if not all of the PII you provide to use so that our affiliates can perform these services.  Our affiliates are only authorized to use your PII as provided within this Privacy Policy.  Affiliates that provide such services will have privacy arrangements with us to ensure the protection of your PII.
There are times that we may have to disclose your PII to comply with laws; to assist law enforcement and governmental agencies in preventing or investigating fraud or other crimes, or in response to a court order.  In such instances, we will only provide the PII requested and your PII will only be used for such legal purposes.
Finally, if we sold or transferred our business, we would transfer your PII to the purchaser as appropriate and might also retain a copy of your PII for any new business ventures we would start.

 

Opting Out of Sharing Information

 

You can always opt out of future unaffiliated third-party disclosures of your information.  Such opt-out will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates, (ii) disclosures to third-party service providers who provide certain services for our business, such as credit card processing, computer system services, shipping, data management, or promotional services, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments or otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept.

 

Cookies

 

Our Website may send a "cookie" to your computer.  A cookie is a small piece of data that is sent to your browser from a web server and stored on your computer's hard drive.  A cookie cannot read data off your hard disk or read cookie files created by other sites. Cookies do not damage your system.  We use cookies to identify which areas of our site you have visited, so the next time you visit the site, we can better personalize the content that you see on our Website.  Most browser software can be set to reject Cookies.  However, if you reject our Cookies, certain functionality on our Website may not work correctly or at all.  We do not place PII in Cookies.

 

Web Beacons

 

We may also use web beacons to collect Non-Personal Information about your use of our Web site and the Web sites of selected sponsors and advertisers, and your use of special promotions or newsletters. The information collected by Web Beacons (a) allows us to statistically monitor how many people open our emails and (b) for what purposes these actions are being taken.  Our Web Beacons are not used to track your activity outside of our Web sites or those of our sponsors'. We do not link Non-Personal Information from Web Beacons to Personally Identifiable Information without your permission.

 

Links to Other Websites

 

Our Website may contain links to other websites.  We are not responsible for the actions, practices, or content of such websites linked to or from our Website.  You understand that such websites may have their own legal documents to which you must agree to use such websites and that we have no control over these legal documents.  As always, you understand that it is your responsibility to verify your legal use of a website as well as use of information from the website with the corresponding website owner. 

 

Our Email Policy

 

Our affiliates and we fully comply with international SPAM legislation.  You can always opt out of receipt of further email correspondence from us or affiliates.  We will not sell, rent, or trade your email address to any unaffiliated third-party without your permission.  You understand that email is not considered a secure form of communication.  Generally, any information you disclose in an email may be viewed by hackers while such information is en route to us.   As such, take care in what you disclose in any email that you send to us.

 

Our Security Policy

 

We have constructed our Website using sophisticated encryption and authentication tools to protect your PII.   When we collect your PII through our Website, we encrypt it and prevent unauthorized access to it by using industry standard technologies, such as encryption software, routers and firewalls.  Unfortunately, due to the vary nature of the Internet and hackers, we cannot completely guarantee that your PII is 100% protected.  Once we receive your PII, we have industry standard security measures and polices that protect against the loss or misuse of your PII; again, we cannot completely guarantee against such loss or misuse. 


Transfer of Ownership


If the entire or substantial ownership of our Website were to change, your user information may be transferred to the new owner so that they could continue operations.  In any such transfer of information, your user information would remain subject to the promises of our then current Privacy Policy.

 

Your Acceptance of This Privacy Policy

 

This is our entire Privacy Policy and it supersedes any earlier version.  We have no duty to notify you of any changes to our Privacy Policy nor do we have any liability for making sure you understand your rights under this Privacy Policy.  You agree to abide by our Privacy Policy every time you use our Website.

 

Questions About This Privacy Policy

 

If you have any questions or suggestions pertaining to our Privacy Policy, you can contact us via email.