These are the Terms of Service (“Terms”) for Little Book of You, LLC (“Little Book of You”) which govern your access to and use of all Little Book of You operated and controlled websites including https://littlebookofyou.com/ (the “Websites”), and all other publicly available online services controlled or provided by Little Book of You (collectively, the “Services”). Please note your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree you are bound by these Terms.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.
Please be aware that these Terms constitute a binding legal agreement between you and Little Book of You outlining your legal rights, obligations, and remedies arising from your access and use of the Services. You agree you are responsible for your use of the Services and any consequences resulting from your use of the Services. You may access and use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may not access or use the Services.
You may use the Services only if you can form a binding contract with Little Book of You and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and accessing and using the Services on behalf of a person, company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and that you agree, on behalf of the party that you represent, to this Agreement. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not access or use the Services.
By accessing or using the Services, you (the “User”) represent and warrant that you have the right, authority, and capacity to enter into this Agreement, you will abide by these Terms, and that you have read, understand, and agree to be bound by these Terms. These Terms apply to anyone who accesses or uses the Services. By using the Services you agree you accept the terms and conditions of the Terms, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions. The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Little Book of You may permanently or temporarily stop providing the Services, or features of the Services, and may not provide you with prior notice.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE YOU ARE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
By accessing or using the Services, you represent, warrant, and agree:
As a condition of your use of the Services, you agree not to use the Services: (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by Little Book of You as typical or expected use of the Services consistent with the purposes for which the Services were created. You specifically agree you will not do any of the following:
Little Book of You and/or its licensors and partners own all rights, titles, and interests in and to the Services, and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services (collectively, the “Little Book of You IP”). The Little Book of You IP also includes the design, formatting, layout, and all other non-factual elements of Little Book of You books and other products and Services. The Little Book of You IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in Little Book of You IP, including use of any Little Book of You IP as part of third party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, the Little Book of You IP, or any Intellectual Property rights owned by Little Book of You. The Little Book of You name, the Little Book of You logos and designs, and the product and service names associated with the Services are trademarks of Little Book of You or its affiliated third parties, and no right or license is granted to you by this Agreement to use the Little Book of You IP for purposes not directly related to your use of the Services.
Little Book of You grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages of the Services, so long as the links do not portray Little Book of You or its products or services in a false or misleading manner. You may not use any of Little Book of You’s logos or other proprietary graphics or trademarks as part of the link without express permission. “Framing” or “mirroring” the Services or its content is prohibited without the prior written consent of Little Book of You.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Little Book of You is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Little Book of You of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge and agree that Little Book of You shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services on or through any such site or resource.
As part of your use of the Services, you may be asked to elect to receive certain email notifications from Little Book of You and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from Little Book of You related to the Services. You may opt-out of receiving certain notifications in association with the Services by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important announcements or notifications even if you have opted-out from other messages.
You consent to receive from Little Book of You all communications, including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Notices") electronically. Little Book of You may provide such Notices by posting them on or within the Services, by electronic mail to your email address on record, or by written communication sent by first class mail or pre-paid post to your address on record. You agree that we may communicate with you regarding Little Book of You and other entities by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us.
Little Book of You may change, suspend or discontinue the Services for any reason, at any time, including the availability of the Services, without notice to you. Little Book of You may also impose limits on certain features of the Services, or restrict your access to parts or all of the Services with or without notice to you.
Little Book of You may also terminate or suspend your use of or access to the Services at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Services, and agree not to access or otherwise make use of, or attempt to use, the Services.
Little Book of You may also remove or disable access to, or suspend or ban your access to the Services at any time for any violation of these Terms. To report violations of the Terms, please contact Little Book of You using the information below. You are solely responsible for your interactions with other Users of the Services.
You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Services. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to Little Book of You. Continued use of the Services, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
The Services are controlled and operated by Little Book of You from within the United States. Little Book of You makes no representations that materials contained within the Services are appropriate or available for use in other locations, and access to the Services from locations where such activity is illegal is prohibited. Those who choose to use the Services from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.
You agree you shall indemnify and hold harmless Little Book of You, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or related to the Services, use of the Services, violation of the Terms, or the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your information.
You acknowledge that Little Book of You has no control over, and no duty to take any action regarding: (1) which Users gain access to the Services; (2) what effects the content of the Services may have on you; (3) how you may interpret or use the content of the Services; or (4) what actions you may take as a result of having been exposed to the content of the Services.
You release Little Book of You from all liability for you having acquired or not acquired content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Little Book of You makes no representations concerning any content contained in or accessed through the Services, and Little Book of You will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Little Book of You makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. Little book of You cannot guarantee that you will obtain the results you seek or warrant that Services will be error-free. Little Book of You makes no representation or warranty of any kind with respect to use of the Services or the use or accuracy of the information through the Services.
USER ACCESSES THESE SERVICES AT HIS OR HER OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLETENESS OF ANY SERVICES PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY LITTLE BOOK OF YOU ARE HEREBY DISCLAIMED. NEITHER LITTLE BOOK OF YOU NOR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF LITTLE BOOK OF YOU, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL LITTLE BOOK OF YOU OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER LITTLE BOOK OF YOU NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE SERVICES OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of Little Book of You as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
The Terms constitute the entire agreement between Users of the Services and Little Book of You regarding Users’ use of and access to the Services. Your use of the Services is intended for your enjoyment and benefit and the provision of the Services to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Services.
The failure of Little Book of You to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in New York, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys' fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of Little Book of You. Little Book of You may assign this Agreement upon ten (10) days prior written notice to you provided via email (if available) and by posting notice to the Services. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.
The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
The Services are intended for legal use by adults only and is not directed to children under the age of 18 or the relevant age of majority. You may not use the Services in any manner if you are under the age of 18 or the age of majority. By accessing or using the Services and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 18 years of age or the age of majority; (2) that you have not previously been suspended or removed from the Services; and (3) that your use of the Services is in compliance with any and all applicable laws and regulations.
Little Book of You may modify these Terms of Service from time to time. The most current version of these Terms will govern your use of the Services and will be located at littlebookofyou.com/terms-of-service. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms of Service.
The Services are not directed to Users under the age of 18, or the age of majority in your state. You may not use the Services if you are under the age of 18 or the age of majority in your state.
Little Book of You collects information about you and your use of the Services through various means, including when you provide information to us and when we automatically collect information about you when you access, use, or interact with the Services. We use this information for a variety of different reasons, including improving the Services, tailoring the Services to you, and for advertising and marketing services. The types of information Little Book of You may collect include:
Form Information: We may use online forms to request certain information from and about you in order to perform certain Services, such as your location to assist you in designing a product through our Services, or your contact information to assist with contacts or service requests. This information may include Personally Identifiable Information. “Personally Identifiable Information” refers to information about you that may be used to identify you, such as your: first name, last name, gender, birth date, address, email address, and phone number.
Book Creation Information: When you create a book at Little Book of You, we may collect several pieces of information from you to utilize with the book which may include Personally Identifiable Information. This information is used only to create the book, and will be sent to our Service Providers to assist in creating the book, including to our printer.
The type of information collected includes:
Payment Information: You may provide certain information to complete payments via the Services, including your credit or debit card number, card expiration date, and CVV code (collectively, “Payment Information”), along with your name, billing, delivery and/or shipping address, to complete payment transactions through our Services. Little Book of You utilizes PayPal and Stripe to process payments and Little Book of You does not have access to or store your Payment Information.
Little Book of You works with PayPal and Stripe to operate our online store and handle payment transactions. Little Book of You does not itself collect or maintain your credit card or other financial account information; this information is handled for Little Book of You by Stripe. When making purchases via the Websites you are subject to the Privacy Policies and Terms and Conditions of our applicable Service Providers, including Stripe, the terms of which may differ from those of Little Book of You. Please review the Service Providers’ Privacy Policies and Terms and Conditions before using their services.
Correspondence Information: If you email us or subscribe to our newsletter we may keep your message, email address, and contact information to respond to your requests, provide the requested products or Services, and to provide notifications or other correspondences to you. If you do not want to receive email from us in the future, you may let us know by sending us an email or by writing to us at the address below. Please note requests to remove your email address from our lists may take some time to fulfill. We may also still contact you as needed to provide announcements or notifications regarding the Services.
Support Information: You may provide information to us via a support request submitted through the Services. We will use this information to assist you with your support request and may maintain this information to assist you or other Users with support requests. Please do not submit any information to us via a support submission, including confidential or sensitive information that you do not wish for Little Book of You or our Service Providers to have access to or use in the future.
Location Information: When you use the Services, we may access, collect, monitor and/or remotely store data about your location, which may include your address, zip code, GPS coordinates, or similar information. We collect this information through Bing Maps. For example, when you enter an address, all map images are pulled directly from Bing Maps.
Unique Identifiers: When you use or access the Services, we may access, collect, monitor, store on your device, and/or remotely store one or more "Unique Identifiers," such as a universally unique identifier (“UUID”). A Unique Identifier may remain on your device persistently, to help you log in faster and enhance your navigation through the Services. Some features of the Services may not function properly if use or availability of Unique Identifiers is impaired or disabled.
Log File Information: When you use our Services, we may receive log file information such as your IP address, browser type, access times, domain names operating system, the referring web page(s), pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive log file data when you interact with our Services, for example, when you visit our websites, sign into our Services, or interact with our email notifications. Little Book of You uses log file data to provide, understand, and improve our Services, and to customize the content we show you. Little Book of You may link this log file to other information Little Book of You collects about you via the Services.
Promoters, Marketers, and Advertisers: We may share, sell, or rent your information, including Personally Identifiable Information such as your name and email address, and general demographic information about tour Users and customers with third party promoters, marketers, or advertisers for their use to provide marketing or advertising messages to you. If you wish to opt-out of such information sharing, please contact us using the contact information listed below.
Little Book of You Personnel: Little Book of You’s personnel may have access to your information as needed to provide and operate the Services in the normal course of business. This includes information regarding your use and interaction with the Services.
Service Providers: Little Book of You works with various organizations and individuals to help provide the Services to you ("Service Providers"), such as book printing companies, hosting companies, payment processors like Stripe, and companies providing website and traffic analytics information, like Google Analytics and Hotjar. We may share your personal information with our Service Providers for the purpose of providing the Services. The information we share to our Service Providers may include both information you provide to us and information we collect about you, including Personally Identifiable Information and information from data collection tools like cookies, web beacons, log files, Unique Identifiers, and location data. If Little Book of You becomes aware that a Service Provider is using or disclosing information improperly, we will take commercially reasonable steps to end or correct such improper use or disclosure.
Little Book of You may utilize Google Analytics and AdWords for remarketing purposes. Remarketing is a feature of Google’s AdWords that allows Little Book of You to optimize the delivery of ad content specifically targeted to a visitor’s interests based upon previous visits to our Services. More information about remarketing lists in Google Analytics please see the following: https://support.google.com/analytics/answer/2611268. If you would like to opt-out of Google Analytics, you may do so here: http://optout.networkadvertising.org/#!/.
Business Transactions: Little Book of You may purchase other businesses or their assets, sell our business assets, or be involved in a bankruptcy, merger, acquisition, reorganization or sale of assets (a “Business Transaction”). Your information, including Personally Identifiable Information, may be among assets sold or transferred as part of a Business Transaction.
Little Book of You welcomes you to contact us regarding the information we have, including regarding the nature and accuracy of the data has been collected about you, or to request an update or deletion of your information. Requests to delete or remove your information do not ensure complete or comprehensive removal of the content or information posted, and removed information may persist in backup copies indefinitely. Please note that if you choose to delete your information or opt-out of the collection and use of your information, you understand that certain features, including but not limited to access to the Services, may no longer be available to you.
We may store the information we collect about you indefinitely, but information generally will be retained only for as long as necessary to fulfill the purposes for which the information was collected, or as otherwise required by law.
Users may opt-out of receiving certain communications from Little Book of You by following the unsubscribe process described in an email communication, or by contacting us using the contact information provided below. However, please note you may not opt-out of Services-related communications, such as account verification, changes or updates to features of the Services, or technical and security notices.
Little Book of You does not currently employ a process for automatically responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. Per industry standards, third parties may be able to collect information, including Personally Identifiable Information, about your online activities over time and across different websites or online services when you use Services. You may opt out of online behavioral ads at http://www.aboutads.info/choices/. You also may limit certain tracking by disabling cookies in your web browser
Little Book of You takes reasonable efforts to secure and protect the privacy, accuracy, and reliability of your information and to protect it from loss, misuse, unauthorized access, disclosure, alteration and destruction. Little Book of You implements security measures as we deem appropriate and consistent with industry standards. As no data security protocol is impenetrable, Little Book of You cannot guarantee the security of our systems or databases, nor can we guarantee that personal information we collect about you will not be breached, intercepted, destroyed, accessed, or otherwise disclosed without authorization. Accordingly, any information you transfer to or from Services is provided at your own risk.
Please note the information Little Book of You collects about you may be transferred, processed and/or accessed by us in the United States, or another country where we, or our Service Providers operate. Please be aware Personally Identifiable Information may be transferred to, and maintained on, computers located outside of your state or country where privacy laws may differ from and may not be as protective as those where you live. If you are located outside the United States and choose to allow us to collect information about you, please be aware that Little Book of You may transfer your Personally Identifiable Information to the United States and process and store it there. By allowing collection of your Personally Identifiable Information, you consent to having your personal data transferred to, processed, and stored in the United States.
Despite Little Book of You’s safety and privacy controls, we cannot guarantee the Services are entirely free of illegal, offensive, or otherwise inappropriate material, or that you will not encounter inappropriate or illegal conduct from other Users when using the Services. You can help Little Book of You by notifying us of any unwelcome contact by contacting us using the information below.