LITTLEYE TERMS OF SERVICE
Last revised: March 8, 2011
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND LITTLEYE, LLC. SETTING FORTH THE TERMS THAT GOVERN YOUR USE OF THE LITTLEYE SERVICE (as defined below). THIS AGREEMENT, TOGETHER WITH ALL UPDATES, TERMS OF SALE, END USER LICENSE AGREEMENTS, CONTENT PARTNERSHIP PROGRAM AGREEMENTS, AND ALL OF LITTLEYE RULES AND POLICIES, COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND LITTLEYE.
LITTLEYE MAY REFUSE OR TERMINATE ACCESS TO, OR USE OF, THE SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. The LITTLEYE Service. LITTLEYE, LLC is the provider of the LITTLEYE service, which includes the LITTLEYE Web site and affiliated domains ("Site"), available at http://www.littleye.com, any digital content ("Content") found on the Site, and the LITTLEYE Firefox, Safari and Internet Explorer plugins ("Software") (collectively referred to as the "Service"). The Service permits parents to control a white list of which domains their children can visit. When a parent installs the Software, they create logins and passwords for each of their family members "mykids". When the Software is loaded, the Internet, aside from the subscribed white list will be locked from full browsing. Parents get access to the standard Internet browsing while the plugin(s) are deactivated with the parental "grown up" log in by clicking the littleye lock icon on the respective browser.
2. Modifications to this Agreement. LITTLEYE reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. your continued use of the LITTLEYE Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
3. Consent to Electronic Communications. By registering with LITTLEYE, you understand that we may send you communications or data from LITTLEYE regarding the Service, including but not limited to (i) notices about your use of the Service, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding LITTLEYE products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message. Notices shall become effective immediately.
4. Age Requirements. While much of LITTLEYE's Content is intended for use by children, to open an account and register for the Service You must be age 18 or older. Once an Account is created, a parent or legal guardian may establish "Child Accounts" within that Account for use by children under the age of 13 years old. Only a parent or legal guardian of a child is permitted to open a Child Account for a child under 13 years of age. LITTLEYE will close any accounts it believes have been opened by children under the age of 13 and will remove any personal information LITTLEYE believes was submitted by any such persons.
5. System Requirements. Use of the Service requires a compatible device, Internet access, and certain software, and may require obtaining updates or upgrades from time to time. High speed Internet access is strongly recommended. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. You acknowledge and agree that the requisite hardware, software, and Internet access may require third party fees. You further acknowledge and agree that such third party system requirements and expenses, which may change from time to time, are solely your responsibility. You further acknowledge and agree that this Agreement does not constitute an articulation or a complete list of the third party system requirements for use of the Service. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee You access to the Service.
6. User Account. To purchase Content and access certain features of the Service, you will need to register and open a LITTLEYE account. Your Parental Account and any accounts you create for your family members are hereinafter collectively referred to as your "Account". You will register for your Account by selecting a unique parental user name (your "User Name") and password, and providing certain information about yourself ("Registration Data"). In registering to be a Member, You represent that You are of legal age to form a binding contract, and agree to provide accurate, current, and complete Registration Data as prompted, and to maintain and promptly update such Registration Data to ensure that it remains accurate, current, and complete. If You provide any information that LITTLEYE believes to be inaccurate, not current, or incomplete, or if You select a User Name that LITTLEYE, in its sole discretion, finds offensive or inappropriate, LITTLEYE has the right to suspend or terminate your Account and refuse current or future use of the Service. You are solely responsible for maintaining the confidentiality and security of your Account, User Name, and password. You should not reveal your Account information to anyone else or use anyone else's Account or User Name. You are entirely responsible for all activities that occur on or through your Account or under your User Name. You agree to (a) only log in with your User Name and password, (b) ensure that You exit from your Account at the end of each session, and© immediately notify LITTLEYE of any unauthorized user of your Account or User Name. LITTLEYE shall not be responsible for any loss or damage arising out of the unauthorized use of your Account or User Name.
7. Security. You understand that the Service incorporates a security framework for ensuring secure access for You to your information in your Login account. Tampering with these security features or violations of system or network security may result in civil and/or criminal liability.
8. Objectionable Material. You understand that in using the Service, You may encounter content that You may feel to be inappropriate, offensive, obscene or objectionable. Although LITTLEYE makes reasonable efforts to ensure that no offensive, obscene or objectionable material is offered on the LITTLEYE Service, it does not screen Content or communications that are posted to approved Sharing Communities by members of that community or otherwise shared among members. You are strongly advised to review all Content prior to adding it to the collection of any Account intended for your family members. You agree to use the Service at your sole risk and that LITTLEYE shall have no liability to You for Content that may be found to be inappropriate, offensive, obscene or objectionable.
9. Usage Rules. We provide the Service for your personal use. You may not use the Service to conduct business without a separate written contract with LITTLEYE. You may not use the Service in any way that violates applicable federal, state, or international law, or for any unlawful purpose. You may not use the Service to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of LITTLEYE or others.
Without limitation, You agree to use the Service and Products in compliance with the Usage Rules set forth below. Usage Rules may be controlled and monitored by LITTLEYE for compliance purposes. LITTLEYE reserves the right to enforce the Usage Rules with or without notice to You. LITTLEYE reserves the right to modify the Usage Rules at any time. By using or accessing the Service, You hereby agree to the following: (a) You agree not to upload, post, transmit or display content or communications that exploit children or otherwise can be considered harmful to minors. (b) You agree not to upload, post, transmit or display materials containing obscene or pornographic content. (c) You agree not to upload, post, transmit or display content or communications that is unlawful, harmful, defamatory, threatening, abusive, harassing, tortious, vulgar, libelous, invasive of another's privacy, hateful or otherwise offensive or objectionable. This includes, by way of example, content or communications that promote or condone bigotry, prejudice, racism, or hatred, as well as other content or communications that are racially or ethnically objectionable. (d) You agree not to violate the rights of another individual or entity, including but not limited to such party's intellectual property rights. You agree not to upload, post, transmit or display content, including tags placed on user Content, that infringes on any patent, trademark, service mark, copyright, trade secret, right of publicity or other proprietary right of a third party unless You have the permission from the rightful owner to post the content and to grant LITTLEYE all of the license rights granted herein. (e) You agree not to upload, post, transmit, display or link to material used to circumvent copy-protected software, including serial or registration numbers for software programs, utilities and software used for game emulation. (f) You agree not to interfere with or disrupt the Service and/or the servers or networks connected to the Service, or circumvent, disable or interfere with security features on the Service, including features that prevent or restrict the use or copying of any Products. (g) You agree not to upload, post, transmit or display unsolicited advertisements, promotional materials, "spam," "junk mail," "chain letters," or "pyramid schemes." (h) You agree not to use the Service to stalk or otherwise harass another person. (i) You agree not to impersonate any person, company or other entity, including, but not limited to, a LITTLEYE employee or contractor, or falsely state or otherwise misrepresent your affiliation with a person, company or other entity. (j) You agree not to upload, post, transmit or display any content that You do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). (k) You agree not to upload, post, transmit or display any material that contains software viruses, worms or Trojan Horses or any other computer code, files or programs designed to monitor, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation adware, spyware or malware.. (l) You agree not to violate any applicable local, state, national or international law or decree, and any applicable regulations having the force of law. (m) You agree not to promote or provide instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to humans or animals. This may include, without limitation, providing instructions on how to make or assemble explosive or incendiary devices or other weapons or how to create toxins, poisons or other harmful agents. (n) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," or other similar systems, that access the video, graphics, audio or other digital media content on the Service in a manner that sends more request messages to the LITTLEYE servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. Notwithstanding the foregoing, LITTLEYE may, in its sole discretion, grant (pursuant to a written agreement acceptable to LITTLEYE) the operators of public search engines and other third parties LITTLEYE may identify from time to time permission to use spiders and other indexing devices to copy, access and index certain materials from the Website, including, without limitation, html page links, open data APIs and metadata LITTLEYE makes available from time to time, for the sole purpose of creating publicly available searchable indices of such materials or otherwise making such materials available on the Internet. LITTLEYE reserves the right to revoke these exceptions either generally or in specific cases. (o) You agree not to collect or harvest any personally identifiable information, including User Names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes. (p) You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the Service or any security components thereof for any reason whatsoever. (q) You will not access the Service by any means other than through Software that is provided by LITTLEYE for accessing the Service. (r) No portion of the Service may be reproduced in any form or by any means. (s) You shall not access or attempt to access an Account that You are not authorized to access. (t) You shall not give your User Name to any third party or to any child under the age of 13 and You will not allow a child under the age of 13 to access your Controller Account.
10. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to animations, graphics, text, audio, images, pictures, icons, movies, video, layout, and look and feel of the site, sound recordings, underlying musical compositions, artwork and other content, contains proprietary information and material that is owned by LITTLEYE and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. The Website and all the Content contained therein is, among other things, protected as a collective work or compilation under applicable laws and treaties.
LITTLEYE may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Service. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
By using or accessing the Service You agree to comply with all applicable laws that protect LITTLEYE's and its licensors' proprietary interest in the material appearing on the Service. Except as expressly authorized by LITTLEYE (which it may do in its sole and absolute discretion), and as permitted herein, You agree not to use, copy, reproduce, transmit, broadcast, display, perform, license, modify, rent, distribute, lease, loan, sell, or exploit for any commercial purpose any portion of the Service, use of the Service, or access to the Service, and not to reproduce the Service in any form or by any means or create derivative works based on the Website or Service, in whole or in part.
b. Copyrights. All copyrights in and to the Service (including the compilation of Content, Products, postings, and descriptions of those resources) are owned by LITTLEYE and/or its licensors. THE USE OF THE SERVICE IN ANY MANNER NOT PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO SEVERE CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
c. Trademarks. LITTLEYE, LITTLEYE.com, and the LITTLEYE logo are including without limitation, either trademarks, service marks or registered trademarks of LITTLEYE, LLC, and may not be copied, imitated, or used, in whole or in part, without LITTLEYE's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks or any use of such trademarks.
d. Your Content. LITTLEYE does not claim ownership of the Content You place or otherwise make available through the Service, except to the extent it includes any materials or software that LITTLEYE has made available to You. By submitting Content on the Service, You represent and warrant that (i) You have all necessary licenses, rights, consents, and permissions to use, distribute and transmit and authorize LITTLEYE to use, distribute and transmit all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content to enable inclusion, use, display, performance and/or transmission of such Content in the manner contemplated by the Website, Service, Software and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in such Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Content in the manner contemplated by the Service and this Agreement. You agree to indemnify LITTLEYE and its officers, directors, employees and contractors, from and against any and all claims alleging that your Content infringes a third party's intellectual property rights. By submitting Content to LITTLEYE or transmitted via the LITTLEYE Service, You hereby grant LITTLEYE a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, reproduce, distribute, license, sell, market, transmit, prepare derivative works of, modify, display, publish and perform such Content on, through or in connection with the LITTLEYE Website, Service, Software and LITTLEYE's (and its successor's) business in any media formats and through any media channels, including without limitation, for promoting and re-distributing part or all of the Service (and derivative works thereof). You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Service and under this Agreement.11. Copyright Infringement. In using the Service, You agree to respect the intellectual property rights of others. LITTLEYE will take appropriate action in response to notice of copyright infringement. LITTLEYE may, in its sole discretion, terminate Account(s) of any Member who LITTLEYE believes may have violated others' intellectual property rights. LITTLEYE may also, in its sole discretion and without notice, remove any Content or Products from the LITTLEYE Service that LITTLEYE believes may infringe a third party's intellectual property rights. If You believe that your work has been copied in a way that constitutes infringement and is available on the Service, please provide a written notification of claimed infringement addressed to the designated agent as set forth below, which must include substantially all of the following:
To reach LITTLEYE's Copyright Agent for Notice of claims of copyright infringement: please mail: LITTLEYE LLC, Attn: Copyright Agent, 311 Bora Bora Way, Suite 206 Marina del Rey CA 90292.
12. Termination. If You fail, or LITTLEYE suspects that You have failed, to comply with any of the provisions of this Agreement, LITTLEYE, at its sole discretion, without notice or liability to You or any third party, may: (i) terminate this Agreement and/or your Account(s) and User Name(s and/or (ii) terminate the license to the Software; and/or (iii) preclude access to the Service (or any part thereof). ONCE THE SERVICE IS CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON LITTLEYE'S SYSTEMS MAY NOT BE RETRIEVED LATER.
13. Governing Law; Venue. The Service is controlled and operated by LITTLEYE, LLC. from its offices in the United States. You agree that: (i) the LITTLEYE Service shall be deemed solely based in California; and (ii) the LITTLEYE Service shall be deemed a passive website that does not give rise to personal jurisdiction over LITTLEYE, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any claim or dispute between you and LITTLEYE that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. YOU AND LITTLEYE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
14. Enforcement. LITTLEYE reserves the right to takes steps LITTLEYE believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to LITTLEYE's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights). You agree that LITTLEYE has the right, without liability to You, to disclose any Registration Information and/or Account information to law enforcement authorities, government officials, and/or a third party, as LITTLEYE believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to LITTLEYE's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
15. Third-Party Content, Sites, Service or Products. The Service contain features and functionalities that may link you or provide you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Service. We are not responsible for any third party content you access with the Service, and you irrevocably waive any claim against us with respect to such sites and third-party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Service, including the delivery of and payment for goods and services. When provided, links to other websites are provided solely as a convenience to You.
16. LITTLEYE Makes No Warranties. LITTLEYE intends for the information contained on its Site and Service to be accurate and reliable; however, errors sometimes may occur. In addition, LITTLEYE may make changes and improvements to the information provided herein at any time. LITTLEYE PROVIDES ITS SITE AND SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LITTLEYE, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A "LITTLEYE PARTY," AND COLLECTIVELY, THE "LITTLEYE PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE LITTLEYE PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
17. Limitations of Liability. IN NO EVENT WILL ANY LITTLEYE PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH LITTLEYE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION K IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY LITTLEYE PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
18. Changes to the Service; Additional Liability limitation. WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS I AND J, THE LITTLEYE PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS J AND K, LITTLEYE IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
19. Indemnification. You agree to indemnify, defend and hold harmless, LITTLEYE, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. LITTLEYE reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with LITTLEYE in asserting any available defenses. In addition, you agree that LITTLEYE is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold LITTLEYE and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by LITTLEYE that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of LITTLEYE.
20. International Users. The Service is controlled and offered by LITTLEYE, LLC from its facilities in the United States of America. LITTLEYE makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. By using the LITTLEYE Service, users outside the United States understand and consent to the processing of personal information in the United States.
21. Miscellaneous. This Agreement constitutes the entire agreement between You and LITTLEYE and governs your use of the Service, superseding any prior agreements between You and LITTLEYE. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. LITTLEYE's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. LITTLEYE will not be responsible for failures to fulfill any obligations due to causes beyond its control. Any translation of this Agreement, or any part thereof, is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
Your privacy and your children's privacy are of the utmost importance to littleye.
BETA TESTERS PLEASE NOTE: DURING THE BETA TEST PHASE, WE WILL ASK EACH PERSON DESIRING TO PARTICIPATE IN THE BETA TEST PROGRAM FOR HIS/HER NAME AND EMAIL ADDRESS SO WE CAN PROVIDE THEM WITH PERIODIC UPDATES ABOUT THE SERVICE AND BETA PROGRAM. LITTLEYE WILL NOT SELL, RENT OR DISTRIBUTE ANY PERSONAL DATA IN ANY WAY. YOU CAN UNSUBSCRIBE FROM THE BETA PROGRAM BY SENDING AN EMAIL TO: INFO@LITTLEYE.COM REQUESTING TO BE UNSUBSCRIBED.
"Child Member(s)": the child (or children) under the age of 13 for whom you create Child Accounts within your littleye Account.
"Communications Content": any information that is communicated between Members.
"Feedback Information": any information that is reported to littleye by filling in the feedback forms from the Service or Website.
"Littleye Browser Plug-In": the downloadable plug-in that is installed on your computer, which permits littleye content to be viewed and enables Services.
"Member Profile": any information about the Member that is provided by the Member for inclusion on the Member's profile, which is not shared with other littleye Members, can not be searched for by other littleye Members and/or, only after the Member's approval, can be added to another Member's "friend's list."
"Passive Information": Information that is necessary to provide you with the desired littleye Services, such as a user ID, source and destination addressing information, and the version of the software you are using.
"Personal Data": any personally identifying information that littleye possesses relating to you or any Child Member, excluding information in your Member Profile.
"Registration Information": Information that is necessary to verify your identity and to provide Service, such as your name, contact information, billing information, credit card account and e-mail address and other information you may elect to provide to enhance and customize the littleye experience for you.
"Service": means the services provided by littleye and/or littleye's partners, as they may be extended or changed from time to time; Website: the website located at www.littleye.com.
Littleye is a company established under the laws of the state of Delaware, USA. Its headquarters are located in Los Angeles in the Great State of California. littleye is committed to providing safe, "fenced" website communities for children exploring the Internet. littleye offers the littleye Browser Plug-In and Services, which may be modified from time to time.
You do not need to disclose any Personal Data, and no Personal Data is collected from you, to download, install and use the littleye Browser Plug-In, which will enable you to view littleye Content and visit and browse Mylittleye.com. To obtain Services you will need to register and open an account. To comply with applicable law, children under the age of 13 are not permitted to open accounts, but must have a parent or guardian do it for them. When you open an account and use the Services, littleye may gather and process the following information (see below for more information on each of these):
littleye always collects Personal Data only from you, as the parent or legal guardian, and never knowingly from a Child Member. It will be up to the parent or guardian holding the Master Account to provide any personally identifying data for any Child Member.
You do not need to register to download and use the littleye Browser Plug-In, but you will need to register and provide Registration Information if you want to access or use Services. To register, littleye asks for information, including your name, address, telephone number, e-mail, and credit card account information. Because littleye is a service that is intended to be used by children under the age of 13, the Children's Online Privacy Protection Act (COPPA) requires that littleye verify a person is over 13 years old. COPPA allows us to verify age by obtaining a valid credit card. littleye will not use this card information for any other purpose and no charge will be placed on your card in connection with registration. If you elect to purchase any books or service from Littleye, you will have the option of using other credit cards or Paypal. When registering, littleye may also ask you for additional information, such as your gender, age, hobbies, or those of the Child Members, or littleye might request information on the Child Member's interest in science, animals, nature, travel, sports, books, and the like. The information you supply will help littleye offer you more personalized features, to tailor the Services to your interests and those of the Child Member, and to make it more useful to you and more enriching for the Child Member. This information is not shared with third parties except in an anonymous, aggregated form.
Note: Personal Data that you provide on your Member Profile, or those you create for your Child Members, can be viewed by other Members and therefore, you should have no expectation of privacy in any information you elect to disclose in Member Profiles! You can access your Member Profiles from the menu in your littleye Browser Plug-In in order to view, correct, complete or remove information. You do not need to create a Member Profile to use the Services. Child Members are not able to create or edit Member Profiles.
You may wish to invite friends to join littleye. If you use littleye's referral service, you will provide your friends' e-mail addresses. The e-mail addresses and messages you provide will only be used for the purpose of automatically generating an e-mail message to these potential Littleye members and for no other purpose. These are immediately deleted after use. If you have requested to add that friend to your network when he or she joins littleye, we will retain your friend's email address so that when they join we can send them an invitation to join your network. We will not use their email address for any other purpose.
Any information that you voluntarily submit in feedback forms is used for the purposes of reviewing the feedback and improving the Browser Plug-In, Services and/or Website. littleye reserves the right to utilize anonymous information for marketing purposes, for instance by displaying selected comments on the Website or in other communications. littleye may from time to time ask you to provide information on your littleye experiences, which will be used to measure and improve quality. You are at no time obliged to provide such information. Littleye will never disclose any personally identifiable feedback information to third parties (other than third parties who are involved in providing the Services, such as third party banking organizations and other providers of payment service where such feedback relates to those providers) without your explicit permission.
Passive Information is automatically generated. Littleye only uses this Passive Information, on an aggregated basis, to provide you with better service or for statistical information.
littleye respects the privacy of personal e-mail accounts and stores your e-mail addresses just as securely as other Personal Data. Your e-mail address will not be sold or given to third parties for their marketing purposes without your explicit permission. littleye may use e-mail to send you messages about faults and Service issues or possible violations of the Software License Agreement, Terms of Service and Terms of Sale. littleye reserves the right to use e-mail to notify you of any claims related to your use of littleye Browser Plug-In and/or Services, including without limitation claims of violation of third party rights. littleye may also use e-mail to keep you up to date with news about littleye and its Services. If you do not want to be kept informed in this way by e-mail, please contact littleye at firstname.lastname@example.org.
To track content usage and performance by Child Members, littleye may collect and make available to you various Assessment Data. Assessment data is only accessible to you. Littleye may use Assessment Data in anonymous, aggregated form for marketing and business purposes. littleye may also use Assessment Data to generate recommendations for Child Members.
Except as provided below, Littleye will not sell, rent, trade or otherwise transfer any Personal Data to any third party without your explicit permission. littleye may disclose Personal Data of a Member if littleye believes in good faith that littleye is required to do so by law, or that doing so is necessary to comply with legal process, law enforcement agencies, respond to claims, or protect our rights in or the safety of the Services, or to protect the safety or rights of other Members or Child Members. Littleye may share Personal Data with its affiliates. If Littleye offers contests, sweepstakes, and other similar features, the co-sponsor and/or the sweepstakes' or contests' administrators may have access to the Personal Data that you submit in your entry. If you do not wish for us to share such personally identifiable information with our sweepstakes or contest co-sponsors or administrators, please do not enter any contests or sweepstakes on littleye.
To provide you with the Services, littleye may sometimes, as necessary, share your Personal Data with partner service providers and/or agents, for example the third party banking organization or other providers of payment services. littleye requires these third parties to take organizational and technical measures to protect your Personal Data and to observe applicable legal requirements. Please be informed that, notwithstanding this, in the unlikely event of an applicable governmental authority requesting littleye or littleye's local partner responsible to such authority, to retain and provide Personal Data, or to install equipment in order to intercept Member Communications, Littleye and/or its local partner will, to the extent required to do so by law, provide necessary assistance and information to fulfill such a request. littleye may use non-personally identifiable aggregated data and make it available to third parties. This aggregated data is used by littleye or its partners to track traffic use, to gauge interest in certain features, to improve the Service or for other business or marketing purposes.
Personal Data that is collected may be stored and processed in any country in which Littleye and its affiliates and contractors maintain facilities. In this regard, or for purposes of sharing or disclosing data in accordance with this article 4, Littleye reserves the right to transfer and store your Personal Data outside of your country of residence. By using the Service you consent to any such transfer and storage of Personal Data outside of your country of residence. As littleye continues to develop its business, Littleye may sell or buy subsidiaries or business units. In such transactions, as well as in the event littleye or substantially all of its assets are acquired by a third party, Personal Data of Members will generally be one of the transferred business assets. littleye reserves the right to include such Personal Data, collected as an asset, in any such transfer to a third party. Additionally, information about Members may be disclosed as part of a bankruptcy.
Cookies are pieces of information that Littleye will transfer to your computer's hard drive through your browser to enable littleye's systems to recognize your browser. Cookies also enable littleye to gain information about the use of its Website and to enhance the Website accordingly to the preferences of the users.
The Help option on the toolbar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Littleye's cookies do not contain any identifying information.
littleye takes appropriate organizational and technical measures to protect the Personal Data provided to it or collected by it. Your Personal Data can only be accessed by authorized employees or contractors of Littleye who need to have access to this data to perform their given duties. Your registration information is encrypted or otherwise protected within a Littleye-controlled database or with a third-party service provider. Littleye seeks to safeguard the Personal Data you provide. As effective as encryption technology is, however, no security system is completely impenetrable, therefore littleye cannot guarantee the absolute security of our database, nor can Littleye guarantee that any information you supply won't be intercepted while being transmitted to Littleye over the Internet.
littleye is firmly committed to protecting the privacy rights of children and specifically those rights as outlined by the Children's Online Privacy Protection Act (COPPA). Accordingly, littleye will not collect, use or save data from children under the age of 13 without the express consent of the child's parent(s) or legal guardian(s). Child Members can use the Browser Plug-In, explore the Library, view Content, and participate in activities without submitting any Personal Data. littleye will not ask a Child Member for any personally identifiable information, such as his or her name, e-mail address, phone number, etc. When Littleye does collect information from Child Members using the Service, littleye generally limits its collection to information that does not personally identify the Child Member. littleye never collects more information from Child Members than is reasonably necessary in order to participate in the activity. Assessment Data is collected when a Child Member is accessing or viewing content. There may be some other activities that require Child Members to submit individually identifiable information in order to participate, such as promotions, sweepstakes or contests, or other activities such as newsletters or sending online postcards or e-mail messages. littleye will notify you, via the e-mail address associated with your Account, and will identify your child to you by using his or her Screen Name that your child wishes to participate. littleye will only collect your child's name, mailing address, and other personally identifiable information from you, the parent, and not from your child. The information will not be used for any purpose and the information will not be used after the promotion or activity is complete. Co-sponsors and/or sweepstakes', contests' or activity administrators may have access to the personally identifiable information that is submitted. If you do not wish for us to share this personally identifiable information with sweepstakes, contest or activity co-sponsors or administrators, please do not enter your child in any contests or sweepstakes on Littleye. littleye won't knowingly allow anyone under the age of 13 to register as a Member or otherwise submit more individually identifiable information than littleye describes above, except with verifiable parental/legal guardian consent. If Littleye becomes aware that Littleye has inadvertently received individually identifiable information from a child under the age of 13, except as discussed above, Littleye will delete the information from our records as soon as littleye discovers it. Also, Littleye may from time to time offer free trial memberships to the Service. However, littleye will require a valid credit card number for registration to ensure that no user under the age of 13 registers for a free trial. littleye also offers memberships to certain licensed pre-schools and other educational institutions, who in turn make the Service available to children under the age of 13. No individually identifiable information is collected from children who access the littleye Service via these school Accounts.
If you are setting up one or more Child Accounts, you are encouraged to set up an unidentifiable, anonymous screen name for each Child Member. littleye may give you the ability to track the Child Member's use of the Service (which may include allowing you to see what Content the Child Member is viewing, reading, and learning and, where applicable, performance metrics), as well as receive content and other recommendations based upon the Child Member's use and progress. littleye may also make content recommendations based upon previous usage of the Services, as well as your child's appropriate grade range.
littleye wants you to be comfortable with what your child is doing when using littleye to explore the internet. Therefore, you may contact us at any time regarding privacy questions or concerns, or to request to review what Personal Data Littleye has collected from you or about Child Members. If you would like to exercise your right to view, correct, complete or remove your Personal Data, please contact littleye at email@example.com. Within a reasonable period of time and upon verification of your identity, littleye will fulfill your request. However, Littleye will not act contrary to applicable legal requirements in fulfilling your request. You may also contact us at any time to request that Littleye delete your or your Child Members' Personal Data and/or refuse to permit further collection or use of your or your Child Members' information. Littleye will take steps to ensure that any person contacting us for a child's information is that child's parent or legal guardian.