Terms of Use and Privacy Policy ------------------------------- Terms of Use ------------ Although we may attempt to put up prominent notices on our website and in our applications when major changes are made, you should periodically visit the authoritative copy of these terms of use on our website, http://www.myuyh.com/terms_of_use.txt, to review the terms. Gee Whiz Stuff may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use Gee Whiz Stuff's services Description of Service. Use Your Handwriting, Use Your Handwriting GOLD and MyUYH constitute a task management application (the "Service") from Gee Whiz Stuff LLC ("Gee Whiz Stuff"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Gee Whiz Stuff disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Gee Whiz Stuff also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Gee Whiz Stuff reserves the right to refuse service to anyone at any time without notice for any reason. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Gee Whiz Stuff; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Gee Whiz Stuff reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. Content of the Service. Gee Whiz Stuff takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Gee Whiz Stuff have any obligation to monitor such third party content. Gee Whiz Stuff reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Gee Whiz Stuff also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Gee Whiz Stuff, its users and the public. Gee Whiz Stuff will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. Intellectual Property Rights. Gee Whiz Stuff's Intellectual Property Rights. You acknowledge that Gee Whiz Stuff owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "Gee Whiz Stuff Rights"), and such Gee Whiz Stuff Rights are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Gee Whiz Stuff Rights include rights to (i) the Service developed and provided by Gee Whiz Stuff; and (ii) all software associated with the Service. Your Intellectual Property Rights. Gee Whiz Stuff does not claim any ownership in any of the content that you upload, transmit or store in your Gee Whiz Stuff account. We will not use any of your content for any purpose except to provide you with the Service. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Gee Whiz Stuff to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. Privacy. As a condition to using the Service, you agree to the terms of the Gee Whiz Stuff Privacy Policy, a copy of which is included below in the present document, as it may be updated from time to time. Gee Whiz Stuff understands that privacy is important to you. You do, however, agree that Gee Whiz Stuff may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Gee Whiz Stuff Privacy Policy. Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to Gee Whiz Stuff at gwtodo@geewhizstuff.com provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Gee Whiz Stuff may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Gee Whiz Stuff has previously canceled or terminated your use of the Services (in which case subsequent notice by Gee Whiz Stuff shall not be required), Gee Whiz Stuff will notify you via email of any such termination or cancellation, which shall be effective immediately upon Gee Whiz Stuff's delivery of such notice. INDEMNIFICATION. YOU AGREE TO HOLD HARMLESS AND INDEMNIFY GEE WHIZ STUFF, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY THIRD PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICE, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE. IN SUCH A CASE, GEE WHIZ STUFF WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of New Jersey, USA, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in New Jersey, USA, and you consent to the jurisdiction of such courts. Privacy Policy -------------- This Privacy Policy applies to all of the products, services and websites offered by Gee Whiz Stuff LLC including but not exclusive to the Use Your Handwriting line of products, which includes the mobile apps "Use Your Handwriting" and "Use Your Handwriting GOLD" (henceforth "UYH") as well as the "MyUYH" website (henceforth "MyUYH"). If you have any questions about this Privacy Policy, please feel free to contact us through our website or write to us at gwtodo@geewhiztuff.com. Information we collect and how we use it We may collect the following types of information: Information you provide. When you sign up for a MyUYH account, we ask you for information such as your email address and an account to authenticate and identify your access to the services provided by Gee Whiz Stuff. Cookies. When you visit Gee Whiz Stuff, we send one or more cookies to your computer or other device. We use cookies to improve the quality of our service, including for storing user preferences and login information. Log information – When you access Gee Whiz Stuff services via a browser, application or other client our servers automatically record certain information. These server logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request, a device identifier and one or more cookies that may uniquely identify your browser or your account. User-created information. When you create notes and lists in UYH and synchronize them with MyUYH, your notes are stored on servers that belong to us or are hosted by a trusted third party. In addition to the above, we may use the information we collect to: Provide, maintain, protect, and improve our services and develop new services; and Protect the rights or property of Gee Whiz Stuff or our users. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use. Gee Whiz Stuff processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information outside your own country. Choices You can contact Gee Whiz Stuff at any time to inquire about the information stored in your Gee Whiz Stuff Account. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Gee Whiz Stuff features and services may not function properly if your cookies are disabled. You can opt out of the MyUYH service by not subscribing to it, or unsubscribing from it if you have already subscribed. Without a MyUYH subscription, your data will no longer be backed up on our Internet servers. Information sharing Gee Whiz Stuff only shares personal information with other companies or individuals outside of Gee Whiz Stuff in the following limited circumstances: We have your consent. We require opt-in consent for the sharing of any sensitive personal information. We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Gee Whiz Stuff, its users or the public as required or permitted by law. If Gee Whiz Stuff becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy. Information security We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data management system, storage and processing practices and security measures, including password protecting access to user data and ensuring that this password protection may not be bypassed by individuals. We restrict access to personal information to privileged Gee Whiz Stuff employees. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. Changes to this Privacy Policy Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review. Proper Use Policy To uphold the quality and reputation of Gee Whiz Stuff, your use of Gee Whiz Stuff is subject to these program policies. If you are found to be in violation of our policies at any time, as determined by Gee Whiz Stuff in its sole discretion, we may warn you or suspend or terminate your account. Please note that we may change our policies at any time, and pursuant to our Terms of Use, it is your responsibility to keep up-to-date with and adhere to the policies posted here. Prohibited Actions In addition to (and/or as some examples of) the violations described in Section 3 of the Terms of Use, users may not: Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature Transmit content that may be harmful to minors Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission Use Gee Whiz Stuff to violate the legal rights (such as rights of privacy and publicity) of others Promote or encourage illegal activity Interfere with other Gee Whiz Stuff users' enjoyment of the Service Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses Request, collect, solicit, or otherwise obtain access to login names, passwords or other authentication credentials for Gee Whiz Stuff (Gee Whiz Stuff API users must direct users to Gee Whiz Stuff in the mechanism specifically provided by the Gee Whiz Stuff APIs) Access any Gee Whiz Stuff account by automated means (unless using the Gee Whiz Stuff API) Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Gee Whiz Stuff account Modify, adapt, translate, or reverse engineer any portion of the Gee Whiz Stuff Service Remove any copyright, trademark or other proprietary rights notices contained in or on the Gee Whiz Stuff Service Reformat or frame any portion of the web pages that are part of the Gee Whiz Stuff Service Security You must promptly notify Gee Whiz Stuff of any breach of security related to the Services, including but not limited to unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.