Updated June 30, 2015
2. INFORMATION WE COLLECT.
B. Contests, Sweepstakes and Surveys. To participate in certain Services-related Promotions, including, but not limited to, contests, sweepstakes and surveys, there may be a separate registration process, which may require the submission of both Personal Information and Additional Information (including your full name, email address, mailing address, telephone number, demographic or profile information, etc.). We will use the Information you provide for the purpose of conducting the Promotion (for example, to contact you if you have won). You may also have the opportunity to opt-in to receive special Promotions or offers from our Advertisers as a result of your use of the Services.
We use Tracking Technologies to help tailor our content, allow users to move between associated sites without logging into each site, understand Site and internet usage, improve or customize the content, offerings or advertisements on this Site, personalize your experience on this Site (for example, to recognize you by name when you return to the Site), understand your interactions with email messages (such as the links clicked on and whether the messages were opened or forwarded), save your password in password-protected areas, help us offer you products, programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Site and for other purposes described in the “How We Use Your Information” section below. These Tracking Technologies collect “click stream” data and additional Other Information regarding your visits to the Site, such as your visits to the Site’s webpages, use of our features, and purchasing history or preferences and may also collect your IP address or some other identifier unique to the Device you use to access the Site (“Identifier”). An Identifier is automatically assigned to any Device you use to access the Site. Your Personal Information is not collected as part of this process but we may associate Other Information collected by Tracking Technologies with Personal Information.
By visiting the Site, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site through these Tracking Technologies and that we may use Tracking Technologies in the emails we send to you.
D. Advertising Service Providers. These Services may also use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Service Providers”) to, for example, serve advertisements on the Services, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on or in connection with the Services. Such services may enable us to display advertisements based on your use of the Services and other websites, services and platforms you have visited or used. Targeting Services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.
3. HOW WE USE INFORMATION.
A. Except as prohibited by the terms and conditions of any applicable Third Party Platform (e.g., Facebook, etc.), we may use your Personal Information for many purposes, including, without limitation, the following:
• Providing any services or products that you request or purchase in connection with the Services, and contacting you regarding the administration of any features or functions of the Services you have registered to use;
• Sending you marketing and promotional e-mails;
• To send you information about your relationship or transactions with us;
• To notify you about new features and offerings of the Services, including, but not limited to, discounts, events, news about our products and services, and/or special offers;
• To administer sweepstakes and contests;
• Responding to your questions or other requests;
• Tailoring your experience on the Services and/or otherwise customizing what you see when you visit and use the Services;
• Saving your User Account, registration and profile data or other Personal Information (so you do not have to re-enter it each time you visit or use the Services); and
• For other purposes disclosed at the time you provide us with the Personal Information or which are reasonably necessary to provide the Services or other related product and/or service requested.
B. In addition, except as prohibited by the terms and conditions of any applicable Third Party Platform (e.g., Facebook, etc.), we may use the Additional Information for many purposes, including, without limitation, the following:
• Tracking your return visits to and use of the Services;
• For research purposes, for marketing/promotional purposes and/or to provide anonymous reporting for internal and external clients, business partners, etc.;
• Accumulating and reporting aggregate, statistical information in connection with the Services and user activity;
• Determining which features and services users like best to help us operate the Services, enhance and improve our services and the Services and display advertising and marketing information;
• Tailoring your experience on the Services and/or otherwise customizing what you see when you visit and use the Services;
• Saving certain Additional Information for your ongoing use of the Services;
• For the uses described for “Personal Information” above; and
• For other purposes disclosed at the time you provide us with the Additional Information or which are reasonably necessary to provide the Services or other related product and/or service requested.
4. OPTING-OUT OF CERTAIN USES OF YOUR PERSONAL INFORMATION AND OTHER INFORMATION.
A. Marketing and Promotional Communications. At times, you may be presented with the option of whether to receive, or automatically entered to receive; certain marketing and promotional communications from us and others that we think will be of interest to you. Recipients of such communications can unsubscribe by either following the specific instructions included in such communications or you may “opt-out” of receiving marketing and promotional e-mails from us at any time by clicking here. Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third parties prior to your election to opt out or unsubscribe cannot be retrieved or rescinded by us unless required by applicable law, and you cannot retroactively opt out or unsubscribe with respect to such third parties. Also, please note that in order to keep you informed about the operation of our Services and related services, we may always send you emails and announcements that are needed for the proper functioning and administration of our Services, including for the purposes described in Section 3 above, in connection with your use of such Services. We may also have features that allow you to submit information, questions or feedback to us. In those instances, we may retain your emails and other information you submit to us for our internal purposes, and to help us to serve you better.
B. Use of Additional Information Collected by Tracking Technologies. If you would like to learn more about how Third Party Advertising Service Providers collect Additional Information about your interaction with the Services or find out how you can opt out from allowing these Third Party Advertising Service Providers to gather this information or use it to display targeted ads, please visit http://networkadvertising.org/consumer/opt_out.asp.
C. Tracking Technologies Set By the Site. With respect to the Tracking Technologies set by the Site, you have a number of options:
• You can prevent the use of certain Tracking Technologies (other than Flash cookies) by using the controls in your Web browser. To do so, you must:
o Delete existing Tracking Technologies through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature; and
o Disable future Tracking Technologies through the same browser controls. Additional information on enabling or disabling most Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.)
• You can choose to have the Device you use to access the Site warn you each time a cookie or most other Tracking Technologies is being set (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the Device you use to access the Site. Additional information on warnings and removal of warnings may be available through your browser’s support feature.
This Site is committed to complying with the Self-Regulatory Principles for Online Behavioral Advertising. Click here for more information about this Site and online behavioral advertising.
Some Device manufacturers may preset their browsers to block Tracking Technologies from websites other than those you visit directly and, if so, certain services or advertisements may not work for such Devices. Further, if you delete, reject, disable or turn off Tracking Technologies, you may not have access to certain features of the Site and some of our other services may not function properly.
D. Flash Cookies. Please note that deleting, rejecting, disabling or turning off Tracking Technologies set by Third Party Advertising Service Providers and Advertisers and set by this Site through the above options will not remove Flash cookies. For more information about Flash cookies and how to remove them from your computer, please visit http://kb2.adobe.com/cps/526/52697ee8.html4.
E. Do-Not-Track Signals and Similar Mechanisms. Some web browsers may transmit “do-not-track” signals to the websites with which the browser communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals.
We currently do not take action in response to these signals, but, if and when a final standard is established and accepted, we may reassess how to respond to these signals. Instead, as described above, please see the link to the Self-Regulatory Principles for Online Behavioral Advertising program that we follow that offers you choice regarding Information collected for online behavioral advertising purposes and the browser cookie controls and other mechanisms described in Section 4 above.
5. SHARING AND DISCLOSURE OF PERSONAL INFORMATION AND OTHER INFORMATION.
C. Disclosure of Certain Information in User Postings Intended to Be Disclosed. Certain Personal Information associated with a User Posting may be intended for disclosure, such as your username. We will disclose any such Personal Information in connection with the display of, and other services relating to, such User Posting and by submitting a User Posting on or in connection with the Services you affirmatively consent to the distribution of your Personal Information as described herein.
D. Service Providers. We also have the right to disclose your Personal Information and other information to third parties for the purpose of administering and maintaining the Services. We will refer to these third parties as “Third-Party Service Providers”. We use Third-Party Service Providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to Third-Party Service Providers for the purpose of providing services to us and our affiliates. These Third-Party Service Providers may temporarily store certain Information on their servers, but they may only use your Personal Information to provide THIS MUCH I KNOW with a specific service and not for any other purpose.
6. USER CHOICE AND ACCESS.
A. The Services may have certain features and functionality that provide you with the ability to set certain privacy, permission and User Account options on the Services that, among other things, limit the provision of certain Information to us, such as location data, and/or limit our ability to take certain actions that may disclose your Information (e.g., posting status messages, notes, photos, videos etc. to Third Party Platforms on your behalf). These privacy, permission and User Account options may be controlled by changing your User Account or Services settings, whether by (x) responding to request alerts or notifications that may be presented to you on your Device prior to or following the collection of the relevant Information, (2) navigating to the settings, account or privacy section (as the case may be) of your Device, the applicable Third Party Platform and/or the applicable Service and limiting certain Service functionality (e.g., location services, etc.) and/or (3) using other available methods of controlling your options and settings. Please be aware that that if you limit the collection of certain Information, you may not be able to use all of the features and functionality of the Services.
7. DATA COLLECTION FROM CHILDREN. We do not knowingly collect personal information from U.S. children under 13 without appropriate parental notice and consent. Please visit http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm for information from the Federal Trade Commission about protecting children’s privacy online.
8. SECURITY. While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information. However, regardless of our efforts and the Device you use to access the Services, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We also limit access to the Services by our own employees, contractors, Third-Party Service Providers and those individuals who are authorized for the proper handling of such information. We request that our third party contractors and Third-Party Service Providers follow similar standards of security and confidentiality.
9. YOUR CALIFORNIA PRIVACY RIGHTS. If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) or opt-in for use of your Personal Information by third parties (such as Advertisers) for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.
Copyright © 2015 Little West Media LLC.
Terms of Service Agreement
Welcome to THIS MUCH I KNOW, which is operated by Little West Media LLC (“we”, “us” or “our”). Please read these Terms of Service (“Agreement”) carefully, as it constitutes legally binding terms and conditions and applies to your use of (a) the our mobile, web, console, desktop and other applications, (b) the website located www.jeaninehughes.com and all corresponding web pages and websites associated with the foregoing URL (“Site”) and (c) any other content, applications, features, functionality, information and services offered by us though the Site, including, without limitation, viral, embeddable or application/device-based features and related technology (e.g., mobile, web, console, desktop and other APIs, widgets, plugins, applications, etc.) (collectively, “Services”). This Agreement applies whether you are accessing the Services via a wireless or mobile device, a personal computer or any other technology or device (each, a “Device”). This Agreement does not cover other services, websites or any corresponding content, features, and activities made available by any other company or third party, unless specifically stated.
1. General. Subject to the terms and conditions herein, the Services shall enable Users to access certain features, functionality, information and services provided by us and/or our affiliates, which may include, without limitation, providing Users with the ability to access, view information related to products and services, and embed certain audio-visual content.
3. Term. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of or registration for the Services at any time, for any reason, and Little West Media LLC may terminate your use of or registration to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party.
4. Modifications. We may modify this Agreement from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We will post or display notices of material changes on the Services and/or notify you via other electronic means. The form of such notice is at our discretion. Once we post or make them available on the Services, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.
6. User Registration.
6.1 In order to access and use certain content, features and functionality of the Services, we may require that you (a) register for the applicable Services, whether on the Site, a Third Party Platform or otherwise, including, in some instances, creating and/or providing a username and password combination (“User Credentials”) and (b) provide to us and/or make available (e.g., via Third Party Platform permissions and consents, etc.) certain additional information, which may include, without limitation, your email address, legal name, country of residence, location, date of birth, usage data and other information, and, to the extent applicable, for any fee-based transactions and purchases offered by us, your physical address, telephone number(s), applicable payment information (e.g., payment card data, PayPal information, etc.) and other information (collectively, a “User Account”).
6.2 You represent and warrant that all registration and account information you submit and/or make available is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Further, if you elect to become a registered user of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. It is therefore critical that you do not share your User Credentials with anyone. You agree to immediately notify Little West Media LLC of any unauthorized use of your User Credentials or User Account, or any other breach of security. It is your sole responsibility to (a) control the dissemination and use of your User Credentials and User Account, (b) update, maintain and control access to your User Credentials and User Account, and (c) cancel your User Account on the Services. We reserve the right to deny access, use and registration privileges to any user of the Services if we believe there is a question about the identity of the person trying to access any account or element of the Services. Little West Media LLC shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 5.
8. Proprietary Rights.
8.1 As between you and Little West Media LLC, Little West Media owns, solely and exclusively, all right, title and interest in and to the Services and all content (other than your User Postings (as defined herein)) contained and/or made available through the Services (“Content”), and all such Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. The term “Content” includes, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, music (including the musical compositions therein), data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Content” as well.
8.2 Except as expressly set forth herein, the Services are to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from the Services. Except as expressly authorized by Little West Media LLC and set forth in Additional Terms (e.g., Services that allow for the use of embeddable or viral features, applications, etc.), you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of Little West Media LLC or its owner if Little West Media is not the owner. Moreover, the framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Services. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same. We likewise respect the intellectual property of others. If you believe that the Services contain elements that infringe your copyrights in your work, please follow the procedures set forth in Section 11 below.
9. User Conduct. You are solely responsible for your conduct in connection with the Services. We want to keep the Services safe and enjoyable for everyone and the use of the Services for unlawful or harmful activities is expressly prohibited. You agree that, while using the Services, you shall not:
(a) engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
(b) submit, post, email, display, transmit or otherwise make available through the Services any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(c) submit, post, email, display, transmit or otherwise make available through the Services any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;
(d) engage in or encourage conduct that affects adversely or reflects negatively on Little West Media LLC, its affiliates, or parent company, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the Services, or from advertising or becoming a supplier to us in connection with the Services;
(e) submit, post, email, display, transmit or otherwise make available through the Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) except as expressly permitted herein, use the Services for commercial or business purposes, including, without limitation, engaging in barter arrangements, pyramid schemes, advertising, marketing or offering goods or services or exploiting information or material obtained on, through or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website, platform or service;
(g) modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;
(h) impersonate any person or entity or falsely state or otherwise represent your affiliation with any person or entity;
(i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services;
(j) solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information, including transmitting or facilitating in the transmission of junk email, chain letters, duplicative or unsolicited messages;
(k) modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so; or
(l) submit, post, email, display, transmit or otherwise make available through the Services any information, materials or content (and/or engage in or encourage conduct or other activities) that are, or could be perceived as, false, incorrect, misleading or deceptive.
Little West Media LLC assumes no responsibility for monitoring the Services for inappropriate, false, incorrect, misleading, deceptive or unlawful content, information, materials or conduct. If at any time Little West Media LLC chooses in its sole discretion to monitor the Services, Little West Media nonetheless assumes no responsibility for User Postings (as defined herein), assumes no obligation to modify or remove any User Postings and assumes no responsibility for the conduct of any user. Little West Media LLC reserves the right to investigate and take appropriate legal action against anyone who, in Little West Media’s sole discretion, violates, or is suspected of violating, this Section 9, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that Little West Media may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the legal process; (b) enforce this Agreement; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of Little West Media, its users or any third parties.
10. User Postings.
10.1 The Services may provide you and other users with an opportunity to participate in message, comment, communication and other social networking features and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages and other content and information via the Services (each, a “User Posting”, and collectively, “User Postings”). When you submit User Postings you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User Credentials, information about the User Posting, your location, activity, preferences, photographs, media and/or similar information. You acknowledge and agree that all User Postings made by means of or in connection with any portion of the Services are public and that (a) you have no expectation of privacy in any User Posting and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and Little West Media LLC by reason of your transmitting a User Posting to any area of or in connection with the Services. Further, you understand that by using the Services, you may be exposed to other people’s User Postings (e.g., from Artists, Fans, etc.) that could be offensive, incorrect, indecent or objectionable and, as such, Little West Media LLC does not guarantee the accuracy, integrity, quality or content of any User Postings. Under no circumstances shall Little West Media LLC be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.
10.2 We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Postings, including, without limitation, any Unauthorized Postings; provided, however, that Little West Media LLC shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. As used herein, the term “Unauthorized Posting” means any User Posting that is or may be construed as violating this Agreement, including, without limitation, Section 9 herein, or is deemed to be unacceptable to Little West Media LLC, as determined in Little West Media’s sole discretion.
10.3 In connection with all User Postings you submit, post, email, display, transmit or otherwise make available, you grant to Little West Media LLC the unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free right and license, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Services and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Little West Media LLC, in our sole discretion. For the avoidance of doubt, the rights, licenses and privileges described in this Agreement and granted to Little West Media LLC shall commence immediately upon submission of your User Posting and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Services as a registered user or not.
10.4 Little West Media LLC does not acquire any title or ownership rights in the User Postings that you submit and/or make available. After you submit, post, email, display, transmit or otherwise make available any User Posting, you continue to retain any such rights that you may have in such User Posting, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that (a) you own the User Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein; (b) your submission, uploading, posting, emailing, displaying, transmission and/or making available of User Postings does not violate this Agreement, any rights of any other party or entity, any of your obligations, any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity or other rights of any party or entity; (c) you have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and conditions; and (d) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Postings.
12. Data and Wireless Access Charges. Certain Services require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your Device may charge you data access fees in connection with your use of such Little West Media LLC Services, including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Under no circumstances will Little West Media LLC be responsible for any such data access fees and charges in connection with your use of any other Services, including wireless internet, email, text messaging or other charges or fees incurred by you (or any person that has access to your Device, telephone number, email address, User Account or other similar information).
13. Advertisements. From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our advertisers, sponsors, or other promotional partners (collectively, “Advertisers”) found on or through the Services or via a hyperlinked website, service or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
14. Promotions, Contests, and Sweepstakes. From time to time, Little West Media LLC or the Services’ operational service providers, suppliers, partners, and Advertisers may conduct promotions and other activities on, through or in connection with the Services, including, without limitation, contests and sweepstakes (collectively, “Promotions”). Each Promotion may have Additional Terms and/or Rules which shall be posted or otherwise made available to you in connection therewith.
16. Assignment. This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Little West Media LLC without restriction, notice or other obligation to you.
17. Indemnity. You agree to indemnify, defend and hold Little West Media LLC, its affiliates, and parent companies, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, partners, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your breach or violation this Agreement or (c) your User Postings. Little West Media LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
18. DISCLAIMER AND LIMITATIONS OF LIABILITY. THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, USER POSTINGS AND CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES. FURTHER, WITHOUT LIMITING THE FOREGOING, LITTLE WEST MEDIA LLC, ITS AFFILIATES, PARENT COMPANIES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, MADE IN CONNECTION WITH PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU IN CONNECTION WITH THE SERVICES, INCLUDING CORRESPONDENCE WITH COMPANY OR ITS AGENTS OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LITTLE WEST MEDIA LLC, ITS AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES, CONTENT AND TRANSMISSIONS, INCLUDING, WITHOUT LIMITATION, USER POSTINGS, MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT LITTLE WEST MEDIA LLC ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS OR USER POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY USER POSTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS OR USER POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
19. Customer Support. For assistance with technical issues or customer support inquiries, please send an email to email@example.com
20. Governing Law; Miscellaneous.
20.1 This Agreement contains the entire understanding and agreement between you and Little West Media LLC concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. This Agreement cannot be changed orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The failure of Little West Media LLC to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
20.2 This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the Colorado (notwithstanding the state’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in Colorado, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of Denver and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.
20.3 IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
20.4 TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND LITTLE WEST MEDIA LLC WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
20.5 The Services are controlled by Little West Media LLC from its offices in the U.S. Little West Media LLC makes no representation or warranty that the Services or Content contained on or made available in connection therewith is legal, appropriate or available for use in other locations. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with the Services may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
This Agreement was last modified on June 30, 2015 and is effective immediately.
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