OKEY DOKEY MAN COUNTS TO TEN
Okey Dokey Man Counts to ten is a new, fun counting app for kids! Brought to you from award winning Brooklyn artists John Bjerklie and Joel Mellin, Okey Dokey Man Counts To Ten bring to life the surreal world of Okey Dokey Man: Count to ten on one hand! Guess how many fingers!
It'll Be OK, a partnership between the artists John Bjerklie and Joel Mellin, is committed to protecting the privacy and security of its online visitors. We are also extremely sensitive to family and educator concerns about children's safety and information related to them. We want you to know about and understand the measures we have taken to keep the application a safe and secure environment for everyone. This privacy statement tells you how we collect information from you and how we use that information in connection with this application (“Application”) brought to you by It'll Be OK.
This privacy statement was last updated May 2015. We may make changes to this privacy statement from time to time to address new issues or reflect changes to our data collection and use practices. If we make any material changes to this privacy statement, we will place a prominent notice on our current version of this privacy statement which may always be accessed through our Application.
WHAT, HOW, AND WHY INFORMATION IS COLLECTED THROUGH THIS APPLICATION
We do not collect personally identifiable information about you through this Application. In other words, we do not collect information such as your name, address, phone number or email address.
We do not knowingly contact or collect personal information from children under 13 through this Application. If you believe we have inadvertently collected such information, please contact us so we can promptly obtain parental consent or remove the information.
We do not use or collect your precise geographic location.
We use technologies like cookies (small files stored by your browser), web beacons, or other technologies to identify anonymously your computer or device and to track usage metrics anonymously so we can deliver a better user experience. Our systems also log information like your browser, device, operating system and IP address.
We may serve advertisements on this Application using a third party advertisement company. Our third party advertising partner may use and collect anonymous data about your interests to customize advertising content here and in other sites and applications. The information collected by our third party advertising partner is not associated with a person or an individual. You can find out more about our third party advertising partner’s company privacy policies and opt-out choices at: http://www.google.com/intl/en/policies/privacy/
Analytics companies may use and collect anonymous data about your usage of the Application (such as metrics and usage patterns in the Application) to help us understand how our Application is used. They use this data solely on our behalf. They do not share such data except in aggregate form; no data is associated with any individual user. You can find out more about our third party analytics partner’s company privacy policies and opt-out choices at: http://www.google.com/intl/en/ policies/privacy/
We may keep data indefinitely.
Information we collect may be stored or processed on computers located in the United States of America and by downloading or using this Application you consent to such storage and processing.
In connection with the operation of this Application we may make anonymous information collected by this Application available to third parties in these limited circumstances: (1) with your express consent, (2) when we have a good faith belief it is required by law, (3) when we have a good faith belief it is necessary to protect our rights or property, or (4) to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. Your consent will not be required for disclosure in these cases, but we will attempt to notify you, to the extent permitted by law to do so.
If you have questions or concerns about this privacy statement or your account, please contact us at: It'll BE OK, 30 St. Felix St. 2C, Brooklyn, New York 11217.
This mobile application end user license agreement (“EULA”) is an agreement made between you and It'll Be OK, a partnership between the artists John Bjerklie and Joel Mellin. This EULA governs your use of this application (“Application”) and any updates or upgrades that may replace or enhance this Application.
BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA AND THE PRIVACY STATEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA OR THE PRIVACY STATEMENT, THEN DO NOT DOWNLOAD, INSTALL, OR USE THIS APPLICATION.
1. GRANT AND USE RIGHTS
1.1 Grant. By purchasing and installing this Application, It'll Be OK, grants you a personal, limited, non-exclusive license to install and use the Application for your non-commercial use on a single, authorized mobile device subject to the terms and conditions contained herein. All rights not expressly granted herein are reserved by It'll Be OK.
1.2 Restrictions. You may not (i) sell, lease, license, sublicense, transfer or otherwise distribute, in whole or in part, the Application or any component of the Application, including without limitation, artwork and text elements from the Application; (ii) permit use of the Application, in whole or in part, or making the Application available for download over a network; (iii) modify the Application; (iv) create derivative works based upon the Application or components thereof; (v) create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Application; (vi) remove, alter or obscure any trademarks, logos, copyright notices, or trademark notices of It'll Be OK or third parties in the Application; or (vii) decompile, disassemble, or reverse engineer the Application by any means whatsoever, except to the extent expressly permitted by applicable law.
1.3 Updates. You agree that the Application may automatically download and install updates, upgrades or other enhancements that It'll Be OK deems reasonable, beneficial or otherwise reasonably necessary. You acknowledge and agree that It'll Be OK shall have no obligation to support any previous version(s) of the Application that may be discontinued due any update of the Application. This EULA shall apply to any new version of the Application if such version is not distributed with a separate end user license agreement. This EULA may be updated from time to time by It'll Be OK in its sole discretion.
This EULA is effective until terminated. Your rights under this EULA will terminate immediately and automatically without notice from It'll Be OK if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you must cease all use of the Application and destroy any copies of the Application in your possession or control. Termination of this EULA shall not limit any of It'll Be OK’s rights or remedies at law or in equity.
3. NO WARRANTY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THIS APPLICATION IS PROVIDED TO YOU “AS IS” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK.
It'll Be OK DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
It'll Be OK DOES NOT MAKE ANY CLAIMS ABOUT RESULTS THAT MAY BE ACHIEVED BY USING THIS APPLICATION, INCLUDING WITHOUT LIMITATION, YOUR CHILD’S ACADEMIC SUCCESS OR ACADEMIC ASSESSMENT SCORES.
It'll Be OK DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR OPERATING SYSTEM; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLATION TO THE SAME OR MULTIPLE DEVICES.
NO ORAL OR WRITTEN ADVICE PROVIDED BY A REPRESENTATIVE OF It'll Be OK, APPLE OR GOOGLE SHALL CREATE A WARRANTY.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
4. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, IN NO EVENT WILL It'll Be OK AND ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. It'll Be OK AND ITS LICENSORS’ LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU FOR THE APPLICATION LICENSED TO YOU UNDER THIS EULA. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER It'll Be OK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
5. INJUNCTIVE RELIEF
You agree that a breach of this EULA may cause irreparable injury to It'll Be OK for which monetary damages would not be an adequate remedy and It'll Be OK shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
6.1 Entire Agreement. This EULA contains the entire agreement of the parties with respect to the subject matter of this EULA and supersedes all previous communications, representations, understandings and agreements, either oral or written.
6.2 Headings. Headings under this EULA are intended only for convenience and shall not affect the interpretation of this EULA.
6.3 Waiver and Modification. No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of those rights. This EULA may only be modified, or any rights under it waived, by a written document executed by the party against which it is asserted.
6.4 Severability. If any provision of this EULA is held to be illegal, invalid or unenforceable, the provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions of this EULA will remain in full force and effect.
6.5 Governing Law. This EULA will be governed by New York law and the United States of America, without regard to its choice of law principles. The United Nations Convention for the International Sale of Goods shall not apply.