LITTLE KICKS, LLC
TERMS OF SERVICE
As of December 1, 2013
These Terms of Service govern the use of the www.MyLittleKicks.com website, as operated by Little Kicks, LLC. (the “MyLittleKicks.com website”). By visiting the website, you hereby agree to the following:
By using or visiting the MyLittleKicks.com website, you acknowledge that you understand, agree, accept, and are able to accept, these Terms of Service. If you do not accept or understand the Terms of Service, you should not use or visit the MyLittleKicks.com website. In addition, certain portions of the MyLittleKicks.com website, as well as promotions, contests or sweepstakes may have separate registration procedures, terms and conditions, services agreements and/or similar legal agreements which are also subject to subsequent change, modification or revocation under their respective terms. Unless explicitly stated otherwise, all new or modified versions of the MyLittleKicks.com website will also be subject to these Terms of Service.
2. Third-Party Products and Services.
4. Electronic Communications.
5. The MyLittleKicks.com Website.
Little Kicks hereby grants the user the limited right and license to access and use the MyLittleKicks.com website. This license does not include the right to: (a) download (other than page caching) or modify any part of the MyLittleKicks.com website without the express written consent of Little Kicks, LLC; (b) use the MyLittleKicks.com website for any resale or commercial use; (c) make any derivative use of the MyLittleKicks.com website or any use of data mining, robots, or similar data gathering and extraction tools. The MyLittleKicks.com website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited, in whole or in part, for any commercial purpose without the express written consent of Little Kicks, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner. You may not use any meta-tags or any other “hidden text” utilizing any “Little Kicks” material or any materials owned by Little Kicks, LLC, its affiliates, partners or artists without the express written permission of Little Kicks, LLC. Little Kicks, LLC also grants you a limited, revocable and nonexclusive right to create a hyperlink to the MyLittleKicks.com website so long as the link does not portray Little Kicks, LLC in a false, misleading, derogatory, or otherwise offensive matter.
6. Third-Party Links.
Little Kicks, LLC may provide hyperlinks to other websites over which we have no control. We are not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.
Upon visiting the MyLittleKicks.com website, you agree to not engage in conduct that may be considered illegal or tortious including, without limitation, “hacking” the MyLittleKicks.com website, infringing upon the intellectual property or other proprietary rights of third-parties, modifying, altering, translating, reverse engineering, decompiling or disassembling the MyLittleKicks.com website or related documents and creating derivative works based upon the same.
All trademarked property (“Marks”) (including, without limitation, graphics, logos, page headers, button icons, scripts and service names) displayed on or within the MyLittleKicks.com website are trademarks of Little Kicks, LLC or their respective licensors and any use thereof must be approved by Little Kicks, LLC. The Marks may not be used in connection with any product or service without express written permission and all goodwill associated with the use of such Marks will inure to the benefit of their respective owners.
All content residing on the MyLittleKicks.com website is the property of Little Kicks, LLC. No underlying right, title or interest in or to any content will pass to any user by virtue of accessing the MyLittleKicks.com website.
Little Kicks, LLC may not accept unsolicited feedback, suggestions or other information about the MyLittleKicks.com website or other aspects of our business. If you provide us with feedback or other ideas, we will be free to use any feedback provided by you for any purpose (without compensation to you) including, without limitation, improving its products and services and creating derivative products.
11. Disclaimer of Warranties and Limitation of Liability.
(a) LITTLE KICKS, LLC MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE MYLITTLEKICKS.COM WEBSITE FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
(b) THE MYLITTLEKICKS.COM WEBSITE IS PROVIDED “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE MYLITTLEKICKS.COM WEBSITE IS AT YOUR SOLE RISK.
(c) LITTLE KICKS, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE MYLITTLEKICKS.COM WEBSITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
This Terms of Service will be governed by the laws of the United States without regard to conflicts of law provisions, and the parties consent to the exclusive jurisdiction and venue of courts sitting in Los Angeles, California. You hereby agree that your breach of this Terms of Service will cause us immediate and irreparable harm and we will be entitled to seek injunctive relief without the necessity of posting bond. We are independent parties and nothing in this Terms of Service agreement is deemed to create an employment or agent relationship. If any provision of this Terms of Service agreement is deemed unenforceable for any reason, such provision will be modified only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances. The failure of either party to enforce any right or provision in this Terms of Service Agreement will not constitute a waiver of such right or provision.
13. Site Policies, Modification(s), and Severability.
Little Kicks, LLC reserves the right to make changes from time to time, to the MyLittleKicks.com website and any of its company policies including, without limitation, this Terms of Service Agreement. All such changes are deemed to become effective immediately upon posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, such change shall be deemed severable and will not affect the validity and enforceability of any unchanged portions of the MyLittleKicks.com website and / or our policies including, without limitation, this Terms of Service Agreement. We may transfer or assign this Terms of Service Agreement (including its terms, conditions and obligations) and the MyLittleKicks.com website, in whole or in part, to any third-party of our choosing.
This Terms of Service Agreement shall inure to the benefit of and be binding upon your respective successors and permitted assigns.
If you have questions regarding this Terms of Service Agreement, please contact us at: firstname.lastname@example.org