Term & Conditions
Last updated May 5, 2023
Introduction
Welcome to Little Bird (“Company”, “we”, “our”, “us”)! These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at www.littlebird.com (together or individually “Service”) operated by Little Bird. Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at: [email protected], so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
Contests
Sweepstakes and Promotions Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness. By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms. Little Bird has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of Little Bird or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Prohibited
You may use the Service only for lawful purposes and in accordance with these Terms. By using the Service, you agree not to:
- Legal Compliance: Use the Service in any way that violates national or international laws or regulations.
- Exploitation and Harm: Exploit, harm, or attempt to harm minors by exposing them to inappropriate content or in any other way.
- Unsolicited Communications: Transmit or arrange the sending of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations.
- Impersonation: Impersonate or attempt to impersonate the Company, its employees, other users, or any other person or entity.
- Infringement and Illegal Activity: Engage in actions that infringe on the rights of others, or are illegal, threatening, fraudulent, or harmful, or are connected to unlawful or fraudulent activities.
- Disruptive Behavior: Participate in conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or that may harm or offend the Company or its users, or expose them to liability.
Additional Restrictions
You also agree not to:
- Overloading and Impairment: Use the Service in any manner that could disable, overburden, damage, or impair it, or interfere with others’ use, including real-time interactions.
- Automated Access: Use robots, spiders, or other automated devices to access the Service for any purpose, including monitoring or copying material, without authorization.
- Manual Monitoring: Manually monitor or copy any material on the Service, or use it for unauthorized purposes without prior written consent.
- Interference: Deploy devices, software, or routines that interfere with the proper functioning of the Service.
- Malicious Software: Introduce viruses, trojan horses, worms, logic bombs, or other malicious or harmful technologies.
- Unauthorized Access: Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, its servers, or any connected server, computer, or database.
- Service Attacks: Launch or attempt a denial-of-service attack or a distributed denial-of-service attack on the Service.
- Reputation Manipulation: Engage in activities that may damage or manipulate the Company’s ratings.
- General Interference: Attempt any actions that interfere with the proper operation of the Service.
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
No Use By Minors
Sweepstakes and Promotions Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Little Bird and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Little Bird.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
DMCA Notice and Procedure
for Copyright Infringement Claims You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest; 0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located; 0.4. your address, telephone number, and email address; 0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You can contact our Copyright Agent via email at: [email protected].
Error Reporting and Feedback
You may provide us with information and feedback regarding errors, suggestions for improvements, ideas, issues, complaints, and other matters related to our Service (“Feedback”) either directly at [email protected] or through third-party platforms and tools. By submitting Feedback, you acknowledge and agree that: (i) you will not retain, acquire, or assert any intellectual property rights or other rights, titles, or interests in the Feedback; (ii) the Company may already have development ideas similar to the Feedback; (iii) the Feedback does not contain confidential or proprietary information from you or any third party; and (iv) the Company is not obligated to maintain confidentiality regarding the Feedback. If the transfer of ownership rights to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, royalty-free, sublicensable, unlimited, and perpetual right to use (including copying, modifying, creating derivative works, publishing, distributing, and commercializing) the Feedback in any manner and for any purpose.
Links To Other Web Sites
Our service may include links to third-party websites or services that are not owned or controlled by Little Bird. Little Bird has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse or make any warranties regarding the offerings of these entities, individuals, or their websites. For instance, these Terms of Use were generated using PolicyMaker.io, a free web application for creating high-quality legal documents. PolicyMaker’s Terms and Conditions generator is a simple and efficient tool for producing a standard Terms of Service template for a website, blog, e-commerce store, or app.
You acknowledge and agree that Little Bird shall not be held responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such content, goods, or services available on or through these third-party websites or services. We strongly recommend that you review the Terms of Service and Privacy Policies of any third-party websites or services you visit.
Disclaimer Of Warranty
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of United States, which governing law applies to agreement without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
Changes To Service
Disclaimer of Warranties
The services provided by the Company are on an “as is” and “as available” basis. The Company makes no express or implied warranties regarding the operation, content, or materials of these services. Use of the services is at your own risk. We do not guarantee the accuracy, reliability, or uninterrupted availability of the services, and disclaim all warranties, including merchantability and fitness for a particular purpose, except where prohibited by law.
Limitation of Liability
Except as prohibited by law, the Company and its affiliates shall not be liable for any indirect, punitive, incidental, or consequential damages arising out of or related to the use of these services. If liability is found, it will be limited to the amount paid for the products or services. Some states may not allow these exclusions or limitations, so they may not apply to you.
Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Contact Us
Please send your feedback, comments, requests for technical support by email: [email protected]