Welcome to the Little Lot website. These Terms of Use ("Terms") are a legal contract between you and Little Lot Company Limited ("us" or "our" or "we" or "Little Lot" or “Company”) and govern your use of all the text, data, educational materials, information, software, graphics, photographs and other materials (all of which are referred to as "Materials") that we and our affiliates may make available to you through this website and/or any services we may provide through our website or our Mobile Applications (the website, services and Mobile Application are referred to collectively in these Terms as the "Services"). If you are agreeing to these Terms as a representative of a school or other entity, you represent that you have the authority to bind that entity and "you" herein refers to that entity.
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF OUR SERVICES OR MOBILE APPLICATIONS. USING THE SERVICES IN ANY WAY INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE OR ANY OTHER PART OF THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
Privacy Policy
Use of the Services is subject to the Privacy Policy, located at: www.littlelot.toys/policy/privacy. Throughout the Site and in all of the documentation, whenever we refer to the “Agreement” we mean these terms, including the Privacy Policy and other policies posted on the Site or provided in connection with the Services.
Changes
We may alter the Materials and Services and/or we may choose to modify, suspend or discontinue any part of the Services at any time and without notifying you. We may also change, update, add or remove provisions (collectively, "modifications") of these Terms from time to time. We promise to inform you of any modifications to these Terms by posting them on this website and, if you have registered for an account with us (as described more fully below), by describing the modifications to these Terms in an email that we will send to the address that you provided during registration. To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration.
If you object to any such modifications, your sole recourse shall be to cease all use of the Services. Continued use of any Services following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications.
Electronic Communication
By using any of our Services, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Ability To Accept Terms
You must be at least 14 years old to create an account with Little Lot. If you are younger than 18 (a "Minor"), you must have the consent of your parent or legal guardian and receive your parent’s or legal guardian’s permission to use the Services and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree that you are solely responsible for monitoring and supervising such Minor’s use of the Services and to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.
Terms Acceptance
In these Terms we are granting you a limited, personal, non-exclusive, revocable and non-transferable license to display, print and use the Materials as follows (the "Permitted Purpose"): (i) if you are using the materials as an individual for home use, homeschooling, or caregiving, the Materials are licensed to you for your personal, noncommercial, use only; (ii) if you are using the Materials in your capacity as a teacher or on behalf of a school or other Organization, the Materials are licensed to you for use by you and your students. No Materials may be shared in any manner except as stated above. Your right to use the Materials is conditioned on your compliance with these Terms (including the payment of any applicable fees). Except as expressly permitted in the foregoing license grant and the Mobile Applications section below, you have no rights in our Services or any part thereof and you may not modify, edit, copy, reproduce, redistribute, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this website, Materials or Services in any manner. If you make copies of any part of the Materials while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Materials or the applicable Service. You may only use such copies in connection with your use of the Services. UNDER NO CIRCUMSTANCES MAY MATERIALS BE DISPLAYED ON OTHER WEBSITES OR IN PRINTED PUBLICATIONS OR SHARED WITH ANY INDIVIDUALS, SCHOOLS OR ORGANIZATIONS NOT LICENSED TO USE THEM.
Unfortunately, if you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
Accounts
Each account must be set up by a designated Adult User. The Adult User is responsible for payments and all use on the account, including to protect the confidentiality of account information and passwords. Please notify Us if you have lost control of your account ID or password or you suspect there is unauthorized activity in your account. Subscriptions. For certain types of accounts, We charge a fee, such as a subscription or purchase fee. For existing subscribers, as a subscriber you may receive access to certain sections, features and functions of the Services that are not available to trial members. We currently offer monthly, annual and lifetime subscription options.
We may also provide you with the ability to register for an account using your existing account and log-in credentials from third-party sites and services such as Google, Facebook, Amazon or Clever. By using such third-party account and/or credentials you are consenting to our retention and use, and such third-party site’s disclosure, of the account, credentials and other populated profile information that you submit.
For so long as you use your Little Lot account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access and use the Services, whether directly or through any account that you may setup or use. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Services as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access the Services. Should you believe your password or security for any of the Services has been breached in any way, you must immediately notify us.
Payment
You agree to pay all applicable fees related to your use of the Services. All fees are based on services purchased, regardless of actual usage. We may suspend or terminate your paid account and/or access to our paid Services if your payment is late and/or your offered payment method (e.g., credit card, PayPal, etc.) cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on your payment method at regular intervals as well as any taxes and other charges incurred in connection with your account, all of which depend on your particular Subscription and utilized services.
Paid subscriptions to use our Services (“Subscriptions”) come with a seven (7) day risk-free start period. You may cancel your subscription any time within 7 days of purchase to receive a complete refund of your purchase price. To exercise this satisfaction guarantee cancellation and receive a refund, simply send an email to contact@littlelot.toys during the first seven (7) calendar days after you Subscribe. Subscriptions and the rights and privileges provided to you as a subscriber are personal and non-transferable. By providing a payment method, you expressly authorize Little Lot and/or our third party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals. We reserve the right to change prices for Subscriptions at any time, and do not provide price protection or refunds in the event of promotions or price decreases. Non-renewal or cancellation of your paid subscription will cause your account to revert to a free account.
IMPORTANT NOTICE: Unless you cancel prior to the expiration of your current Subscription, we will automatically renew your Subscription on each monthly or yearly (depending on the Subscription you have chosen) anniversary of the date that you signed up for the paid Subscription. We will charge your credit card with the applicable renewal Subscription fee and any Taxes (as defined below) that may be imposed on such fee payments. Yearly Subscriptions must be cancelled at least 30 days prior to the anniversary date to avoid automatic renewal, while monthly subscriptions must be cancelled at least 5 days prior to the monthly renewal date. You may cancel your Subscription by emailing us at contact@littlelot.toys; provided that any Subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part (unless you cancel within the 7 day risk-free start period).
Price
We may change the amount of such fees at any time at the end of your subscription period, provided that, we will first notify you by email or via posting on our website. Please note that we do not provide price protection or refunds for existing subscribers.
Usage With Hardware
Some of our applications, including BiiNo's Tunes and Little Lot : Interactive at Home requires hardware usage with the application. You agree that you will not replicate, scan, or reproduce any hardware that you have received from Little Lot. You agree that you will not reveal nor share your account or password to other users outside your household so that they may use the application with the same account.
Cancellation
The cancellation procedures will be set forth on the platform where you purchase. For example, if you purchased a subscription through the Apple iTunes Store or our iPhone application, you may cancel automatic renewals by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchased a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a subscription through a bundle subscription partner, you may cancel according to the process outlined by the bundle subscription partner. You may also cancel by providing us notice at the address below at least 30 days prior to your renewal period. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and is not subject to any refunds. Purchases made through Google Play can be refunded within 2 hours of when the purchase is made by going into your account order history and selecting the subscription you want to modify and clicking refund.
For cancellations, You must cancel your Monthly subscription before it renews each month in order to avoid billing of the next month’s subscription fee. You must cancel your Yearly subscription before it renews in order to avoid billing of the renewal subscription fee. Refunds cannot be claimed for any partial subscription period or once the next subscription period is charged.
Mobile applications
We make Mobile Applications available that enable access the Services via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to download and use object code copies of the Mobile Application and install such copies on mobile device owned or leased solely by you, for your personal use in connection with your subscription to the Services. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):
You acknowledge that these Terms are between you and Little Lot only, and not with Apple, Inc. ("Apple").Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.We, and not Apple, are solely responsible for our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.You agree that we, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.You agree that we, and not Apple, are responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an "Android App"):
You acknowledge that these Terms are between you and Little Lot only, and not with Google, Inc. (“Google”).Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.Geo-location termsThe Services include and make use of certain functionality and services provided by third-parties that allow us to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.
Submission
Certain areas of the Services may permit you to submit feedback, information, data, text, images, messages, or other materials (each, a "User Submission"). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.
By submitting any User Submission, you are promising us that:
You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;
You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;You voluntarily agree to waive all "moral rights" that you may have in your User Submission;Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;Your User Submission does not contain any information that you consider confidential, proprietary, or personal; andYour User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Services through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Services and may remove at any time or refuse any User Submissions for any reason. You understand that when using the Services you will be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.
Proprietary rights
The Services include registered and unregistered trademarks that belong to us. Other trademarks, names and logos found in the Services are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them in the Services are our sole property or the property of our licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Indemnity, Disclaimers and Limits on Liability
COMPANY PROVIDES THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT WHATSOEVER SHALL COMPANY, ITS AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING ANY PROVISIONS OF THESE TERMS, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY SERVICE OR FEATURE RELEVANT TO THE CLAIM.
You will indemnify, defend, and hold harmless Company, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to the Services and any failure to comply with this Agreement. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of such claim.
If any part of the Agreement is invalid, illegal or unenforceable, that condition will not affect any other provision of the Agreement. A delay or failure to require performance of any provision will not constitute a waiver of any rights and will not impede the ability to enforce that provision later.
Others
We do not want to receive information that is confidential or proprietary. If you send us feedback, suggestions, content or ideas of any kind, including potential improvements to the Services, we may use such suggestions, content and/or ideas for any or all purposes, with no compensation or attribution to you.
This Agreement will not be construed against either party as the drafter.
You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services.
Your registration and use of the Services constitutes consent to receiving electronic communications from Us. You agree that any such communications from Us satisfies any legal requirements, such as that notice be provided to you in writing. You also consent to receiving promotional messages, offers, surveys, and requests electronically. If you no longer want to receive non-transactional communications, you may unsubscribe at any time.
As stated above, the Agreement includes these terms and any additional terms you enter into with Company. The Agreement is the entire agreement between you and Company and it replaces any other agreement between us on this subject. Aside from the right of Company to make changes, any amendments to the Agreement must be in a writing signed by both parties.
You cannot assign the Agreement without the written agreement. We can assign the agreement to any entity that agrees to be bound by the terms of the Agreement.
Contact
If you have any questions about this Terms of Service, please contact us at contact@littlelot.toys