Typing Test grants to you a nonexclusive, nontransferable, nonsublicensable, revocable and limited license to access and use the Software on the Site for your internal purposes.

The Software used or accessible through the Site may be used by you solely for accessing and/or using the site for purposes expressly stated on the Site and these Terms, provided that such uses are not competitive with or derogatory to the Site. Typing Test owns all right, title and interest in and to the Software and to all intellectual property rights embodied therein. You agree not to copy, distribute, sell, modify, translate, decompile, reverse-engineer, disassemble, create derivative works, attempt to discover any source code or underlying ideas or algorithms of the Software. Furthermore, you agree not to sell, assign, sublicense, rent, lease, loan, provide, distribute or otherwise transfer all or any portion of the Software.

This Site is protected to the maximum extent permitted by copyright laws and international treaties. All content displayed on or through the Site, and selective organization of the same, is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions (the "Collective Content"). Any reproduction, modification, creation of derivative works from or redistribution of the Collective Content, and/or copying or reproducing the Collective Content or any portion thereof, except as provided below, to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Typing Test. The Collective Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without either: a) complying with the terms of this Agreement; or b) TypingTest’s prior written permission.

Typing Test will be free to use, disclose, reproduce, license and otherwise distribute, and exploit any suggestions, comments or other feedback provided by you to Typing Test as Typing Test sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

Typing Test's products and processes may be covered by one or more patents and may be subject to other trade secrets and proprietary rights. Typing Test reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms. You agree not to infringe upon such rights or decompile, reverse-engineer, or disassemble any of Typing Test's products or processes.

Typing Test, the Typing Test logo and any other product or service name or slogan contained in the Site are trademarks of Typing Test and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Typing Test or the applicable trademark holder. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Typing Test or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Typing Test. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

We may host or provide links to products, Web pages, Web sites and other Content of third parties ("Third Party Sites and Content"). The inclusion of any link to a Third Party Site or the hosting of any such Content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Third Party Site or any Content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web site to which you navigate from the Site.

You acknowledge and agree that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring. For information as to how we collect and use personal information we collect on this Site, please see our Privacy Policy below. You acknowledge and agree that any personal information that you make available on the Site including, but not limited to, your username, your name and the Content you post to the Site are available to the public.

By using the Site, you consent to any transfer of personal information, collected by Typing Test, outside your country for the purposes of storing the information where Typing Test and/or its agents maintain their facilities.

UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SITE, ANY CONTENT AVAILABLE ON THE SITE AND ANY EMAIL SENT FROM US ARE PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND FROM TYPING TEST. WE DO NOT WARRANT THAT THE SITE, ANY CONTENT AVAILABLE ON THE SITE AND/OR ANY EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE, ANY CONTENT AVAILABLE ON THE SITE OR ANY EMAIL SENT FROM US. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE, ANY CONTENT AVAILABLE ON THE SITE AND ANY EMAIL SENT FROM US WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (A) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (B) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (C) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. FURTHER, WE NEITHER REPRESENT NOR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE ON THE SITE OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.

IN NO EVENT WILL TYPING TEST BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY CONTENT AVAILABLE ON THE SITE OR ANY EMAIL SENT FROM US, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY CONTENT AVAILABLE ON THE SITE OR ANY EMAIL SENT FROM US EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF THE SITE. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, consultants, contractors, agents, attorneys, employees, and applicable third parties (such as licensors, partners and advertisers) (collectively, the "Indemnified Parties") harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against a Indemnified Party, whether successful or not, resulting from or arising in connection with: (a) your use of the Site; (b) your conduct; (c) your violation of any provision set forth in these Terms; (e) your violation of the rights of any third party; and/or (f) your Content.

feedback@sporcle.com

Typing Test reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, and to remove or block access to any user at any time without notice for any reason or for no reason.

You acknowledge, consent and agree that Typing Test may access, preserve and disclose your usage information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary or appropriate to: (a) comply with legal process; (b) enforce these Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Typing Test, its users and the public.

To the maximum extent permitted by law, these Terms are governed by the laws of the state of Washington and the United States of America. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms including, but not limited to, this paragraph.

The performance of Typing Test per these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the right to comply by Typing Test with governmental, court and law enforcement requests or requirements relating to your use of information provided to or gathered by Typing Test with respect to such use.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Unless otherwise specified herein, these Terms constitute the entire agreement between you and Typing Test with respect to the Site and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Typing Test with respect to the Site.

A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Software and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Software and related documentation are being provided to U.S. Government end users (a) only as a Commercial Item, and (b) with only those rights as are granted to all other end users pursuant to these Terms.

When you access or use our Services, we automatically collect information about you (“Personal Data”), including:

Activity Information: We collect information about your activity on our Services.

Log Information: We log information about your use of our websites, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our website.

Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.

Information Collected by Cookies and Other Tracking Technologies: We (and our service providers) use tracking technologies, such as cookies and web beacons, to collect information on our Services about you. Cookies are small data files stored on your hard drive or in device memory that help us to improve our Services, improve your experience, see which areas and features of our Services are popular, and count visits. We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. For more information about cookies, and how to disable them, please see "Your Choices" below.

We may also obtain information from third-party sources and combine that with information we collect through our Services. For example, we may collect information about you from advertising networks and data analytics providers.

We use the information we collect about you to:

• Provide, maintain and improve our Services;
• Provide and deliver the services you request, process transactions and send you related information, including confirmations, notifications, and invoices,
• Send you technical notices, updates, security alerts and support and administrative messages;
• Respond to your comments, questions and requests and provide customer service;
• Communicate with you about products, services, offers, promotions, rewards, and events offered by Typing Test and others, and provide news and information we think will be of interest to you;
• Monitor and analyze trends, usage and activities in connection with our Services;
• Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Typing Test and others;
• Personalize and improve the Services and provide advertisements, content or features that match user interests;
• Link or combine with information we get from others to help understand your interests and provide you with better service; and
• Carry out any other purpose for which the information was collected.
• We and our service providers may transfer your personal information to, or store or access it in, other countries where the laws may not provide levels of protection for your personal information equivalent to the protection provided by the laws of your home country.

We will not share your information except in the following circumstances or as otherwise specified in this Policy:

• With vendors, consultants and other service providers who need access to such information to carry out work on our behalf such as companies that assist us with web hosting, payment processing, fraud prevention, customer service, and marketing and advertising;
• In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
• If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of Typing Test or others;
• With our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests;
• In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and
• With your consent or at your direction, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information.

The Services may offer social sharing features and other integrated tools (such as the Facebook "Like" button), which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies and your privacy settings of the entities that provide these features.

We allow others to serve advertisements on our behalf across the Internet and in mobile apps, as well as to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked and conversion information. This information may be used by Typing Test and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other web services, and better understand your online activity.

For example, Google and its partners use cookies to serve ads based on your visit to our website and/or other sites on the Internet. You may opt out of the use of this cookie by visiting the Google ad and content network privacy policy.

Another example is the use of Google Analytics to help us understand the use of our Services, such as what pages are being accessed. We also use a specific part of Google Analytics called Demographics and Interest Reporting to better understand our users. Should you wish to opt-out of this please visit here.

When you use our website, we share information that we collect from you, such as your email (in hashed form), IP address or information about your browser or operating system, with our identity partners/service providers, including LiveRamp Inc. LiveRamp returns an online identification code that we may store in our first-party cookie for our use in online and cross-channel advertising and it may be shared with advertising companies to enable interest-based and targeted advertising. To opt out of this use, please click here.

For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit https://www.networkadvertising.org/managing/opt_out.asp and https://www.aboutads.info/choices. If you are located in the European Economic Area (EEA), visit https://www.youronlinechoices.eu. Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” or “Opt Out of Ads Personalization” on Android) that allows you to opt out of having certain information collected through mobile apps used for behavioral advertising purposes.

Typing Test is headquartered in the United States, and we have operations and service providers in the United States and other countries. Therefore, we and our service providers may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction.

If you are a resident of the European Economic Area (“EEA”), Switzerland, or the United Kingdom (“UK”), you have certain rights and protections under the law regarding the processing of your personal data, as described in this section.

When we process your personal data, we will only do so in the following situations

• We need to use your personal data to perform our responsibilities under our contract with you (e.g., providing the Typing Test services you have requested).
• We have a legitimate interest in processing your personal data. For example, we may process your personal data to communicate with you about changes to our Services, and to provide, secure, and improve our Services.
• We have your consent to process your personal data.
• We are required by law to process your personal data.

If you are a resident of the EEA, Switzerland, or the UK, you have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. To exercise these rights, you may contact us as indicated below.

We store the information we collect about you for as long as is necessary for the purposes for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.

If you are a resident of the EEA, Switzerland, or the UK and have a concern about our processing of personal data please contact us as indicated below. If we are not able to address your concerns, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm

The California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.) affords consumers residing in California certain rights with respect to their personal information. If you are a California resident, this section applies to you.

In the preceding 12 months, we have collected the following categories of personal information as defined under Cal. Civ. Code § 1798.140(o): Identifiers (if you create an account with us), Commercial Information (if you make a purchase), Characteristics of Protected Classifications Under California or Federal Law (if you create a profile and include such optional information in your bio), Internet or other Electronic Network Activity Information, and Geolocation Data (if you use our Typing Test Live App). For details about the precise data points we collect and the categories of sources of such collection, please see the Collection of Information section above. We collect personal information for the business and commercial purposes described in the Use of Information section above.

Typing Test does not sell your personal information. We do allow our advertising partners to collect certain device identifiers and electronic network activity via our Services to show ads that are targeted to your interests. To opt out of having your personal information used for targeted advertising purposes, please see the Advertising and Analytics section above. We do not knowingly sell personal information about consumers under the age of 16.

Subject to certain limitations, you have the right to (1) request to know more about the categories and specific pieces of personal information we collect, use, and disclose, (2) request deletion of your personal information, (3) opt out of any “sales” of your personal information that may be occurring, and (4) not be discriminated against for exercising these rights. You may make these requests by emailing us at privacy@sporcle.com. We will verify your request by asking you to provide information related to your recent interactions with us. Note that, if you do not have a Typing Test account, we may not have enough information about you to verify your Right to Know and Right to Delete requests.

We will not discriminate against you if you exercise your rights under the CCPA.

If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please contact us at privacy@sporcle.com.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

If you have any questions about this Privacy Policy, please contact us at: privacy@sporcle.com.