Introduction. The flirtyQWERTY™ mobile application (“flirtyQWERTY™”) is a keyboard application that you install on your iOS mobile phone or other mobile device (“Mobile Device”) and use to add playful and flirty images (“flirtyQWERTY™ Images”) to your text messages and communications in any app in which you are writing on your phone. You can simply add the keyboard to your other keyboards in your Mobile Device settings, or open flirtyQWERTY™ itself as an app. Some flirtyQWERTY™ Images, including the ones that come in the keyboard, are free. There are additional images available for sale in the iTunes® store. flirtyQWERTY™ is provided by NTWC, LLC (“NTWC” or “we”).
Availability. flirtyQWERTY™ is available to handheld Mobile Devices running iOS 7 or iOS 8. NTWC will use reasonable efforts to make flirtyQWERTY™ available at all times. However, flirtyQWERTY™ is provided over the Internet and mobile networks and so the quality and availability of flirtyQWERTY™ may be affected by factors outside NTWC’s reasonable control. NTWC also may restrict, suspend, or block access to flirtyQWERTY™ for maintenance, operational, or technical reasons, without prior notice to you.
Support and Backup. NTWC does not back up or store your texts or other messages that you send using the flirtyQWERTY™ keyboard or flirtyQWERTY™ Images (“flirtyQWERTY™ User Content”). The only way to save those texts and messages is to back up the application that you use to send them.
Withdrawal of App or Payment Requirement. flirtyQWERTY™ is currently made available to you free of charge for your personal, non-commercial use (separately from any flirtyQWERTY™ Images that are available for purchase in the iTunes® store). NTWC reserves the right to amend or withdraw flirtyQWERTY™, or charge for flirtyQWERTY™ itself (in addition to charging for the flirtyQWERTY™ Images that are available for sale), at any time and for any reason.
Mobile Provider Charges and Restrictions. Text messages that you send using flirtyQWERTY™ may be charged under your regular data plan with your communications carrier (“Mobile Provider”). If texts are not included in your data plan, or if they are sent via SMS (short messaging system), you may be charged separately, over and above your data plan charges. You should check with your Mobile Provider to find out what data plans are available and how much they cost and how your texts will be charged. If you are not the bill payer for the Mobile Device being used to access flirtyQWERTY™, you will be assumed to have received permission from the bill payer to use flirtyQWERTY™. Also, your Mobile Provider may prohibit or restrict certain mobile apps and flirtyQWERTY™ may be incompatible with your Mobile Provider or Mobile Device.
Prohibited Uses. You may not sell, distribute, or modify flirtyQWERTY™ or use flirtyQWERTY™ in any way that:
- Harasses, abuses, stalks, or threatens any third party.
- Defames any third party or violates the right of publicity of any third party.
- Infringes the flirtyQWERTY™ Intellectual Property or the trademark, copyright, or other proprietary rights of any third party.
- Seeks to reverse-engineer flirtyQWERTY™.
- Is unlawful, fraudulent, deceptive or obscene.
- Encourages conduct that would constitute a criminal offense or give rise to civil liability.
Representations and Warranties. You represent and warrant that:
- You are age 17 or older.
- You are an authorized user of the Mobile Device(s) through which you are accessing flirtyQWERTY™ and that you are authorized to enter into this Agreement on behalf of the subscriber of the Mobile Provider for the Mobile Device(s).
DISCLAIMER OF WARRANTIES. flirtyQWERTY™ IS PROVIDED "AS IS" AND AT YOUR OWN RISK. flirtyQWERTY™ MAY BE UNDER CONTINUOUS DEVELOPMENT, AND IT IS LIKELY THAT BUGS WILL BE PRESENT AT TIMES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DEVELOPERS AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO (A) ANY WARRANTY THAT YOUR USE OF flirtyQWERTY™ WILL BE UNINTERRUPTED OR ERROR-FREE; OR (B) ANY WARRANTY THAT flirtyQWERTY™ WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
- YOU ASSUME TOTAL RESPONSIBILITY FOR AND RISK OF YOUR USE OF flirtyQWERTY™. UNDER NO CIRCUMSTANCES WILL NTWC OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, REPRESENTATIVES, PARTNERS AND AGENTS (“THE NTWC PARTIES”) BE LIABLE TO YOU OR RESPONSIBLE IN ANY WAY FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER THAT ARISE DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF flirtyQWERTY™, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST DATA, OR ANY DAMAGE TO ANY USER'S MOBILE DEVICE OR OTHER EQUIPMENT OR TECHNOLOGY, WHETHER SUCH DAMAGES ARISE (i) FROM YOUR USE OR MISUSE OF flirtyQWERTY™, (ii) FROM YOUR INABILITY TO USE flirtyQWERTY™, (iii) FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF YOUR ACCESS TO flirtyQWERTY™ OR ANY TELECOMMUNICATION FAILURES, (iv) FROM YOUR INTERACTION WITH THE APPLE® STORE IN THE CONNECTION WITH YOUR PURCHASE OF flirtyQWERTYTM IMAGES, (v) OUT OF ANY INFORMATION ADVERTISED IN CONNECTION WITH flirtyQWERTY™, OR (vi) IN ANY OTHER WAY, AND EVEN IF SUCH DAMAGE WAS FORESEEABLE OR EVEN IF THE NTWC PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN ANY ACTION OF ANY KIND. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE NTWC PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).
- YOU RELEASE THE NTWC PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTY OR ANY DISPUTES THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY.
- YOU UNDERSTAND THAT BY USING flirtyQWERTY™, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." IF YOU ARE A RESIDENT OF ANOTHER STATE OR TERRITORY WITH A SIMILAR LAW, YOU EXPRESSLY WAIVE THE BENEFITS OF SUCH LAW.
- YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL TRANSMISSIONS OF CONTENT THAT ORIGINATE FROM YOUR MOBILE DEVICE WHILE flirtyQWERTY™ IS INSTALLED ON YOUR MOBILE DEVICE.
Compliance with Software Export Laws. You represent and warrant that (i) you are not located in, and will not transfer flirtyQWERTY™, to a national of, a country that is subject to a United States or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a "terrorist supporting" country; and (ii) you are not listed on any government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.