Capitalized terms shall have the meanings set forth in this Agreement. Any such terms, unless the context otherwise requires, may be used in the singular or plural, depending upon the reference.
“Services” means the services you receive through your use of the Sites including all related platforms and modules (including, but not limited to mobile versions and applications, affiliated sites, and other platforms), including but not limited to services generally related to creating, storing, and sharing all of the memories that you and your family create as you go about your daily life ranging from quotes, conversations, stories, photos, videos to audio memories.
“Your Account” means account(s), if any, that you create on the Sites.
1.2 Amendments to this Agreement. We reserve the right to modify, supplement, or restate this Agreement at any time by posting the changes to this page, with or without prior notice. If we make material changes to this Agreement, we will post a notice on the Sites. By continuing to use the Services after the changes have been posted on the Sites, you consent to the changes. If you do not agree to the changes, then do not continue to use the Services.
2. YOUR RIGHTS
2.1 Your Rights. Provided you are not in breach of any agreement with us, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to use the Services in accordance with this Agreement for your personal use. Any commercial or other use of the Services contrary to this Agreement is strictly prohibited and constitutes a breach of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in LittleHoots, the Sites and all related items. You understand that any amount of “free” storage is provided on a complimentary basis and the amount of such storage may be increased or decreased by LittleHoots at any time.
3. YOUR OBLIGATIONS, REPRESENTATIONS, AND WARRANTIES
3.1 Eligibility; Compliance. By using the Services you represent and warrant that you: are 18 years of age or older; are not currently restricted from using the Services, or not otherwise prohibited from having a LittleHoots account; are not a competitor of us and are not using the Services for reasons that are in competition with us; will only maintain one LittleHoots account at any given time; have full power and authority to enter into this Agreement and will not violate any other agreement with us to which you are a party; will not violate any rights of LittleHoots, including intellectual property rights such as copyright or trademark rights; and agree to provide at your cost all equipment, software, and internet access necessary to use the Services. Further, you must comply with all applicable laws and this Agreement, as they may be amended from time to time with or without advance notice. The Services are intended for use by parents to share memories about their children with other adults. All content provided to LittleHoots about children under the age of 13 is provided with parental consent in compliance with applicable law. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Services. If we learn that we have collected or received any personal information from a child under 13 other than in accordance with law, we will delete that information.
You also grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to reproduce, prepare derivative works from, distribute, display, perform, publish, remove, retain, add, process, and analyze, your Shared Content, in any way now known or in the future discovered, without any further consent, notice and/or compensation to you or to any third parties in connection with (1) our online or offline advertising and promotional efforts (2) licensing and commercialization opportunities (including merchandising and other product usage) or (3) otherwise in connection with our provision of the Services (e.g., weekly or monthly quote roundups of highlighted Shared Content on platforms including the Huffington Post, Today Show, etc.). Merchandising may include physical and/or virtual products (including but not limited to calendars, books, mugs, t-shirts, clothing, key rings, pillows, bags, drink ware, coasters, flags, ornaments, magnets, canvas, holiday ornaments, etc.) to be offered for sale by LittleHoots or third party sellers, including sublicensing to LittleHoots’ brand partners for printing, publishing, and other commercialization including but not limited to on their products and used to promote their brand, products and/or services outside of LittleHoots’ service. (e.g., tissue boxes, milk cartons or cereal boxes, etc.).
Any data or other content that you submit to us is at your own risk of loss as provided this Agreement. By providing your Content to us, you represent and warrant that you are entitled to submit the same and that your Content is true, accurate, complete, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your LittleHoots profile information true, accurate, complete and updated.
3.3 Prohibited Uses. You may not use or engage in any of the following behaviors while using the Services or accessing the Sites (in each case as determined by LittleHoots in its sole discretion):
a. Use the Sites to violate any applicable law or regulation (including copyright or other intellectual property laws), or violate the privacy or publicity rights of any other person;
b. post or share anything that is illegal, abusive, harassing, harmful to reputation, defamatory, discriminatory, hateful, sexually-oriented, pornographic, indecent, profane, obscene, threatening, hateful, racist, or otherwise objectionable;
c. use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services;
d. modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with LittleHoots;
e. access or use the Services’ private application program interface or other infrastructure by any other means other than through the intended mechanisms within the Sites;
f. copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Sites;
g. abuse or misuse the Services for any purpose;
h. make any changes, additions and/or deletions to any submissions posted by any user without the express written authorization of such other user;
i. use any robot, spider or other automatic device, process or means to access the Services or use any manual process to monitor, copy, harvest, crawl, scrape, or otherwise cache any of the information on the Services (including, but not limited to, user profiles, information and text regarding users and users’ children, photos, audio and video clips) for any unauthorized purpose without our prior written consent;
j. introduce any viruses, trojan horses, worms, logic bombs or other material device, software or routine which is malicious or technologically harmful or interferes with the Sites; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services; or attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
k. modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services or the Sites, in whole or in part, except as expressly permitted by applicable law or as authorized by LittleHoots;
l. harass, stalk, or otherwise subject any user of the Sites to unwanted and/or inappropriate contact;
m. Post any position or business opportunity to the Sites which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multi-level marketing scheme, pyramid scheme, franchise or distributorship arrangement; or
n. act to harm minors in any way.
The foregoing list of prohibited uses is illustrative and is not intended to be complete or exclusive. LittleHoots reserves the right to terminate our relationship with you and prohibit your access to the Sites or Services or to edit, remove or close any posting for any reason.
3.4 Credentials. You shall: keep Your Account password secure and confidential; not permit others to use Your Account; not use other users’ accounts; not sell, trade, or otherwise transfer Your Account; and not charge anyone for access to any portion of the Services or any information therein. Further, you are responsible for anything that happens through Your Account or your use of the Services until you close Your Account or prove that Your Account security was compromised due to no fault of your own. You should always ensure that you exit from your account at the end of each session (LittleHoots cannot and will not be liable for any loss or damage arising from your failure to comply with this Section).
3.5 Indemnification. You shall save, indemnify, and hold us harmless, for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to all third party claims, charges, and investigations, caused by: your failure to comply with this Agreement, including without limitation, your submission of content that violates any third party rights or applicable laws; your Content; and any activity in which you engage on or through the Services.
3.6 Payments and Fees. If you purchase any services or products that we offer for a fee to you, either on a one-time or a subscription basis (“Premium Services”), then you agree to pay the applicable fees for such Premium Services as they become due plus all related taxes and reimburse us for all collection costs and interest for any overdue amounts and you agree that we or our payment process may store your payment information. Your obligation to pay fees continues through the end of any applicable subscription period. You may cancel Premium Services at any time, unless a specific term is agreed to by you and us in a separate agreement. LittleHoots will provide refunds only in accordance with its standard refund policies. Your use of any Premium Services is subject to this Agreement and all additional terms related to the Premium Services. If you don’t pay for Premium Services on time, we reserve the right to suspend or cancel your access to the Premium Services. Transaction fees and additional fees may also apply to certain portions of the Services.
3.7 User-to-User Communication and Sharing. LittleHoots offers various services that enable you to share your Content and other information with the general public and other users including, without limitation, through external social media and the open web, so please think carefully about what you share. We’re not responsible for what you share via the Services. Your Content and other information you share may be seen and used by other users or members of the general public and we cannot guarantee that other individuals will not use your Content or other information that you share using the Services. If you would like to keep your Content or other information confidential and/or don’t want others to use the same, then do not share or provide the same to us. WE ARE NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU SUBMIT USING THE SERVICES.
3.8 Compliance with Policies and Law. You’re responsible for your conduct and your Content, and you must comply with all of our policies. We may review your conduct and your Content for compliance with this Agreement and our policies. With that said, we have no obligation to do so. We’re not responsible for your Content. You represent that your use of the Services is not contrary to law, including without limitation applicable US export controls, regulations and sanctions.
3.9 Contributions or Suggestions to LittleHoots. If you submit ideas, suggestions, documents, and/or proposals (“Contributions”) to us through our Services or otherwise, you represent and warrant and acknowledge and agree that: (1) Contributions do not contain any confidential or proprietary information; we may use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (2) we may develop, research, or obtain ideas or projects similar to any Contributions including ideas or projects already under consideration or in development; (3) you irrevocably assign to us all rights to any Contributions you provide; and (4) you shall not be entitled to any compensation or reimbursement of any kind from us under any circumstances related to any Contributions.
4. OUR RIGHTS, OBLIGATIONS, COMMITMENTS AND DISCLAIMERS
4.1 Services. We may modify, replace, refuse access to, suspend or discontinue the Services or the Premium Services, partially or entirely, or change and modify prices for all or part of the Services or Premium Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on the Sites or by direct communication to you unless otherwise noted. LittleHoots further reserves the right to withhold, remove and or discard any content or functionality available as part of Your Account, with or without notice. LittleHoots will use commercially reasonable measures to store, and maintain your Content and will provide you a copy of any of your Content through use of the Services. You acknowledge and agree that if you fail to actively use the Services for a period of time exceeding one (1) year, LittleHoots may terminate your account, with our without notice, and delete all content from your account from the Services. LittleHoots reserves the right, to restrict, suspend, or close Your Account if we determine, in our sole discretion, that doing so is necessary to enforce this Agreement or preserve the Services’ integrity or security.
Party Services will be displayed during the purchase process, such as through a link to the purchase terms and conditions. It’s your responsibility to verify your ability to purchase, cancel or obtain a refund for Third Party Services. We don’t offer refunds for purchases of Third Party Services.
4.3 User Provided Content. We haven’t reviewed and can’t review all of the content made available via the Services by our users (“User Content”). The Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don’t represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services. You’re responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services. LittleHoots may, but has no obligation to, remove Content and accounts containing Content that LittleHoots determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or in violation of any party’s intellectual property rights.
4.4 Our Payment Processor. We use a third party payment processor (the “Payment Processor”) to bill you through a payment account for any Premium Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with Your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
5. COPYRIGHT AND INTELLECTUAL PROPERTY
5.1 Copyright. All of our content on the Sites and used in the Services, such as text, graphics, templates, designs, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of LittleHoots or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Services is the exclusive property of LittleHoots and protected by U.S. and international copyright laws. All software used through the Services is the property of LittleHoots or its software suppliers and protected by United States and international copyright laws. LittleHoots respects the intellectual property of others and Little Hoots will respond to allegations of copyright infringement in accordance with our Copyright Policy.
5.2 Trademarks. The name LittleHoots, along with our logo(s) and all related names and logos, trademarks, trade names, service marks and other LittleHoots logos and brand features, product and service names, slogans, and the like, are trademarks of LittleHoots or its affiliates or licensors. In addition, the Sites’ graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of LittleHoots in the U.S. and/or other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. All other trademarks not owned by us that appear through the Services may be the property of others, who may or may not be affiliated with, connected to, or sponsored by us.
5.3 Patents. One or more patents owned or licensed by LittleHoots may apply to the Services and to the features and services accessible via the Sites.
6. DISCLAIMER OF WARRANTIES
DO NOT RELY ON THE WEBSITE, ANY INFORMATION THEREIN, THE SERVICES, OR THE CONTINUATION OF ANY OF THE SAME. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT CONTROL, VERIFY, OR OTHERWISE REVIEW USER CONTENT FOR ACCURACY OR COMPLETENESS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LITTLEHOOTS DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, OR NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY US OR ANYTHING RELATED TO US, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMINATION PROVISIONS OF THIS AGREEMENT. SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. IF YOU HAVE ANY ADDITIONAL AGREEMENTS WITH US WHICH CONTEMPLATE LIMITED TERMINATION RIGHTS, THEN SUCH ADDITIONAL TERMINATION RIGHTS SHALL CONTROL YOUR TERMINATION RIGHTS.
LITTLEHOOTS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OR STORAGE OF ANY MESSAGES OR OTHER CONTENT SENT THROUGH THE SERVICES TO ANYONE. WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED THROUGH THE SERVICES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, LITTLEHOOTS DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTION, LACK OF ACCESS, ERRORS, OMISSIONS, OR OTHER PROBLEMS.
7. LIMITATION OF LIABILITY
Neither LittleHoots nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“Affiliates”) shall be cumulatively liable for (a) any damages in excess of the prior three (3) months fees that you paid for a Premium Service, if any, or US $50.00, whichever amount is lower, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through the Services. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose.
8.1 By You. You may terminate this Agreement, for any or no reason, at any time, with notice to LittleHoots, and by terminating Your Account and discontinuing your use of the Services, however, you will remain liable for any damage to LittleHoots or the Services and any fees applicable through the end of your then current subscription period for any Premium Services.
8.2 By LittleHoots. In addition to any other rights of termination we have in this Agreement, we may terminate this Agreement and Your Account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of Your Account includes disabling your access to the Services and may bar you from any future use of our services. Further, LittleHoots may restrict, suspend or terminate the account of any user who abuses or misuses the Services. LittleHoots has adopted a policy of terminating accounts of users who, in LittleHoots’ sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
8.3 Effect of Termination. Upon the termination of your LittleHoots account, you may not access the Services. The terms of this Agreement intended to survive termination shall survive any termination.
9.1 Assignment. We may assign this Agreement to any third party and all covenants and agreements hereunder will inure to the benefit of and be enforceable by said successors or assigns. You may not assign your rights or obligations under this Agreement without our prior and express written consent. For purposes of clarification, you agree that your LittleHoots is non-transferable and any rights to your account and the content related to your account may be terminated and your Content deleted upon your death.
9.3 Marketplace(s). To the extent you access the Sites through a mobile app marketplace then such marketplace is a third party beneficiary of this Agreement and the marketplace or its parent or subsidiaries may enforce this Agreement, up to and including removal of any applications related to the Sites from the marketplace or your device for any violation of this Agreement or the Marketplace Terms.
9.4 No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
9.5 Waiver. The failure or delay by us in exercising any right or remedy set forth herein will not operate as a waiver thereof. The waiver by us of a breach of any provision hereof will not operate as a waiver of any subsequent breach. No waiver by us will be effective unless and until it is in written form and signed by us.
9.6 Severability. Each provision and the subparts of each provision of this Agreement shall be treated as separate and independent clauses, and the unenforceability of any one clause will in no way impair the enforceability of any of the other clauses of the agreement, and the remaining provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein.
9.7 Force Majeure. Neither party shall be liable for any delay in performing their rights and responsibilities under this Agreement to the extent that delay is caused by internet access outages, insurrection, war, riot, explosion, nuclear incident, fire, flood, earthquake, volcanic activities, general national strikes, embargo, state import or export restrictions, or other event beyond such party’s reasonable control.
9.9 Contact Us. Unless otherwise provided in this Agreement, any notice or other communication required or permitted to be given or made to us shall be in writing and mailed to: LittleHoots, LLC, 4600 Madison Ave, Suite 1500, Kansas City, MO 64112. If you have any comments or questions about this Agreement, feel free to contact us at firstname.lastname@example.org.
LITTLEHOOTS COPYRIGHT POLICY
Last Updated Effective: January 4, 2017
LittleHoots LLC, directly and/or through its affiliates (collectively, “we”, “us”, “our”, or “LittleHoots”) respects others’ intellectual property rights and we require the users of websites we control, including www.littlehoots.com (the “Sites”) to do the same. LittleHoots will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider (in this instance, LittleHoots) concerning alleged copyright infringement. When a valid DMCA notification is received meeting the requirements outlined below, we respond under this process by taking down the allegedly infringing content. Upon taking down content under the DMCA, LittleHoots will take reasonable steps to contact the owner of the removed content so that they have the opportunity to send a counter-notification to LittleHoots. Upon receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the party alleging infringement that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
By using the Sites, you are accepting the practices set out in this Copyright Policy. We reserve the right to modify this Copyright Policy in conformance with the law at any time by posting the changes on this page. Your continued use of any portion of the Sites following posting of the updated Copyright Policy will constitute your acceptance of the changes. In the event that you use the notification process below to alert us to claims of infringement other than copyright, such notifications are not covered by the DMCA and will be governed by our Terms of Service or other policy adopted by LittleHoots for the applicable Site.
A written notification must be made to the Designated Agent of LittleHoots indicated below. This notice can be submitted by email, regular U.S. mail or courier to our Designated Agent:
ATTN: DMCA Agent – Lacey Ellis
4600 Madison Ave, Suite 1500
Kansas City, MO 64112
The following information must be included in your notice (except the information listed as optional below):
The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you knowingly make a false claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether your content is protected by copyright laws.
2. To file a Counter-Notification:
If your content has been removed or access disabled from the Sites as a result of a notification by a purported copyright owner that such party’s copyright rights are infringed by your content, you may respond by sending us a written DMCA counter-notification as follows:
This notice can be submitted either by email or written letter (regular U.S. mail or courier) to the Designated Agent at the following address:
ATTN: DMCA Agent – Lacey Ellis
4600 Madison Ave, Suite 1500
Kansas City, MO 64112
In the event that the Designated Agent receives a counter-notification in compliance with the above requirements, it will provide the party alleging infringement with a copy of the counter-notification and inform them that LittleHoots will replace or enable access to the removed material in 10 business days from the date of the counter-notification unless the Designated Agent receives notice from the party alleging infringement that such party has filed an action seeking a court order to restrain the user of the Sites from engaging in the allegedly infringing activity of uploading the infringing material to the Sites.
What rights do I need to have to post content on the Site?
In addition to permission from third party copyright owners to make use of their video, music, graphics, logos, photographs and other intellectual property, we require you to obtain permission to depict any persons in an uploaded photograph or other work (except to the extent that such permission is not required by law).
Do you terminate accounts based on DMCA claims?
If LittleHoots believes that a user of the Sites is continually abusing the DMCA process, either with filings that appear to be without basis, by continually re-posting content that is the subject of valid DMCA notifications or otherwise, we may exercise our right to terminate the abusing party’s account. PLEASE NOTE THAT LITTLEHOOTS INTENDS TO COMPLY WITH ALL PROVISIONS OF THE DMCA BUT WILL NOT TAKE ANY RESPONSIBILITY FOR POLICING AND REMOVING MATERIAL UNLESS LITTLEHOOTS POSSESSES ACTUAL KNOWLEDGE OF INFRINGEMENT OR IS NOTIFIED AS DISCUSSED ABOVE.