The following terms and conditions apply to the use of the internet platform www.littlebirdtales.com belonging to Little Wings. LittleBirdTales.com (owned and operated by Little Wings) is an online story creation and sharing platform consisting of web sites, services, software applications and networks that allows for the authorized download and upload and distribution of digital content over the internet (the "Little Bird Tales Platform").
The Little Bird Tales Platform is an Internet site primarily for children from 3-14 years old and their parents and teachers. This platform is not available to users previously suspended or removed from the Little Bird Tales Platform by Little Bird Tales administrators. AS THE SUBSCRIBER TO THE Little Bird Tales Platform, YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED from the Little Bird Tales Platform. The content on the Little Bird Tales Platform is only available for personal noncommercial use for end users only, any other use is prohibited.
Little Bird Tales does not promote or use any advertising on the site. You may rest assured that your personal information or usage patterns are NOT sent to third parties. Our personal beliefs are that advertising on children's sites creates clutter, causes confusion and is rarely ever beneficial.
3. Individual Features and Services.
When using the Little Bird Tales Platform, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms.
Little Bird Tales reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Little Bird Tales Platform after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Little Bird Tales Platform. If you reply to a change, LITTLE WINGS has the right to terminate the relationship of use of www.littlebirdtales.com.
5. Digital Millennium Copyright Act.
Please note that since we respect authors' and content holders' rights, it is Little Bird Tales' policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). For more information, please go to Digital Millennium Copyright Act of 1998: http://www.copyright.gov/legislation/dmca.pdf. Please note that Little Bird Tales will promptly terminate without notice any User's access to the Little Bird Tales Platform if that User is determined by Little Bird Tales to be a "repeat infringer." A repeat infringer is a User who has been notified by Little Bird Tales of infringing activity violations more than twice and/or who has had their User Content or any other user-submitted content removed from the Little Bird Tales Platform more than twice.
6. Little Bird Tales Platform License Grant.
6.1 License Grant to Upload.
Content is uploaded at your own risk. Notwithstanding any obligations hereunder of Little Bird Tales to protect User Content with security measures, Little Bird Tales cannot guarantee that there will be no unauthorized copying or distribution of User Content nor will Little Bird Tales be liable for any copying or usage of the User Content not authorized by Little Bird Tales.
6.2 License Grant to Download.
6.3 Reservation of Rights.
6.4 Prevention of Unauthorized Use.
Little Bird Tales reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Little Bird Tales Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
7. User Content License Grant; Representations and Warranties.
7.1 Retention of Ownership
You retain all of your ownership rights in User Content owned by you.
7.2 License Grant to Little Bird Tales.
Unless otherwise agreed to in a separate written agreement between you and Little Bird Tales that was signed by an authorized representative of Little Bird Tales:
a) By distributing or disseminating User Content through the Little Bird Tales Platform, you hereby grant to Little Bird Tales a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by Little Bird Tales. Such license will apply to any form, media, or technology now known or hereafter developed.
b) Subject to section 7.3, below, the license granted by you in Section 7.2(a), above, terminates as to a specific piece of User Content once you remove or delete such User Content from the Little Bird Tales Platform.
c) By uploading User Content, you hereby warrant that your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played.
7.3 License Grant to other Little Bird Tales users.
By distributing or disseminating User Content through the Little Bird Tales Platform, you hereby grant to each User that is authorized to access your User Content a non-exclusive license to access and use your User Content under the terms indicated by you when you uploaded such User Content. Notwithstanding the foregoing, you hereby grant to each User that is authorized to access you User Content at least a limited, non-exclusive, personal license to view and download such User Content in the manner contemplated by these Terms and the Little Bird Tales Platform. The foregoing license granted by you terminates as to a specific piece of User Content once you remove or delete such User Content from the Little Bird Tales Platform provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Little Bird Tales Platform survive any termination or expiration of the license granted in this section 7.3.
7.4 User Content Representations and Warranties.
You are solely responsible for your User Content and the consequences of posting or publishing them. By uploading and publishing your User Content, you affirm, represent, and warrant that:
(2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and
(3) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
7.5 User Content Disclaimer.
Prior to any User Content being made available in the Public Library page, Little Bird Tales will moderate each User Content and will do our best to prevent any User Content that is deemed to be offensive.
8. Prohibited Conduct.
BY USING THE Little Bird Tales Platform YOU AGREE NOT TO:
8.1 use the Little Bird Tales Platform for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Little Bird Tales Platform as such services are offered by Little Bird Tales;
8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
8.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Little Bird Tales Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Little Bird Tales Platform, or perform any other similar fraudulent activity;
8.6 delete the copyright or other proprietary rights on the Little Bird Tales Platform or User Content;
8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Little Bird Tales Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
8.8 use the Little Bird Tales Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.9 defame, harass, abuse, threaten or defraud Users of the Little Bird Tales Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.10 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Little Bird Tales Platform or User Content, features that prevent or restrict use or copying of any content accessible through the Little Bird Tales Platform, or features that enforce limitations on the use of the Little Bird Tales Platform or User Content;
8.11 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Little Bird Tales Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.12 modify, adapt, translate or create derivative works based upon the Little Bird Tales Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.13 intentionally interfere with or damage operation of the Little Bird Tales Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
8.14 relay email from a third party's mail servers without the permission of that third party;
8.15 use any robot, spider, scraper, or other automated means to access the Little Bird Tales Platform for any purpose or bypass any measures Little Bird Tales may use to prevent or restrict access to the Little Bird Tales Platform;
8.16 forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Little Bird Tales Platform;
8.17 interfere with or disrupt the Little Bird Tales Platform or servers or networks connected to the Little Bird Tales Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Little Bird Tales Platform; or
8.18 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the Little Bird Tales experience.
When you use the Little Bird Tales Platform to upload and/or download content or any products, services, or information from Little Bird Tales, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Little Bird Tales on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Little Bird Tales. You may be liable for the losses incurred by Little Bird Tales or others due to any unauthorized use of your Little Bird Tales Platform account.
You are required to accompany and monitor the use underage users of www.littlebirdtales.com.
10. Third-Party Sites, Products and Services; Links.
The Little Bird Tales Platform will NOT contain links or references to other web sites. Little Bird Tales does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Little Bird Tales Platform are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
11.1 Little Bird Tales.
You agree that Little Bird Tales, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Little Bird Tales or your use of the Little Bird Tales Platform and remove and discard all or any part of your account, User profile, and any User Content, at any time. Little Bird Tales may also in its sole discretion and at any time discontinue providing access to the Little Bird Tales Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Little Bird Tales Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Little Bird Tales will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Little Bird Tales may have at law or in equity. As discussed herein, Little Bird Tales does not permit copyright infringing activities on the Little Bird Tales Platform, and will terminate access to the Little Bird Tales Platform, and remove all User Content or other content submitted by any Users who are found to be repeat infringers.
11.3 User Content.
Subject to section 7.3 above, upon termination of this agreement by you or Little Bird Tales, Little Bird Tales will discontinue prospective hosting and distribution of your User Content.
11.4 Deleting Unused Accounts.
The Little Bird Tales Platform will periodically delete all content from free, unused accounts. A free account is defined as any account that is no longer a paying account at the time of this periodic cleanup. An unused account is defined as an account that has all tales and/or lessons older than 2 years.
12. Ownership; Proprietary Rights.
You agree to indemnify, save, and hold Little Bird Tales, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Little Bird Tales Platform, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Little Bird Tales reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Little Bird Tales, and you agree to cooperate with Little Bird Tales' defense of these claims. Little Bird Tales will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; No Warranties.
14.1 No warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Little Bird Tales, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Little Bird Tales OR THROUGH THE Little Bird Tales Platform WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 14, THE TERM Little Bird Tales INCLUDES Little Bird Tales' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
14.2 "As is" and "As available" and "With All Faults".
YOU EXPRESSLY AGREE THAT THE USE OF THE Little Bird Tales Platform IS AT YOUR SOLE RISK. THE Little Bird Tales Platform AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Little Bird Tales Platform ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
14.3 Platform Operation and User Content.
Little Bird Tales, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE Little Bird Tales Platform OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Little Bird Tales, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Little Bird Tales Platform OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
14.5 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE Little Bird Tales Platform OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
14.6 Uploaded Content.
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY Little Bird Tales HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
15. Limitation of Liability and Damages.
15.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Little Bird Tales OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE Little Bird Tales Platform OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH Little Bird Tales, EVEN IF Little Bird Tales OR AN Little Bird Tales AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Limitation of Damages.
IN NO EVENT WILL Little Bird Tales OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE Little Bird Tales Platform OR YOUR INTERACTION WITH OTHER Little Bird Tales Platform USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Little Bird Tales Platform DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
15.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN Little Bird Tales AND RECEIVED THROUGH OR ADVERTISED ON THE Little Bird Tales Platform OR RECEIVED THROUGH ANY REFERENCE SITES.
15.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT Little Bird Tales HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Little Bird Tales, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Little Bird Tales. Little Bird Tales WOULD NOT BE ABLE TO PROVIDE THE Little Bird Tales Platform TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
15.5 Limitations by Applicable Law.
16. United States Export Controls.
Little Bird Tales may provide you with notices, including those regarding changes to Little Bird Tales' terms and conditions, by email, regular mail or postings on the Little Bird Tales Platform. Notice will be deemed given twenty-four hours after email is sent, unless Little Bird Tales is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Little Bird Tales Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Little Bird Tales Platform is deemed given 30 days following the initial posting.
The failure of Little Bird Tales to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Little Bird Tales.
17.3 Governing Law.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or Little Bird Tales will be filed only in the state or federal courts in and for Los Angeles County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 5, 6.5, and 7-17.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
17.9 Entire Agreement.
This is the entire agreement between you and Little Bird Tales relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Little Bird Tales as set forth in section 4 above.
YOU AND Little Bird Tales AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Little Bird Tales Platform MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services are offered by Little Wings., located at: Little Wings, P.O. Box 5672, Glendale, CA 91221-5672, and email: firstname.lastname@example.org. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
This document was last modified April 7, 2015.
Please contact Little Bird Tales (email@example.com) with any questions or comments about our terms.