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Little Birdie Me
Terms of Service

Last updated: July 14, 2017


Welcome to Little Birdie Me!

Thanks for using our website and software application for sharing gift preferences and managing gift-related information.

By using any of our services, including but not limited to this website, you are agreeing to the following terms so please read them carefully. Little Birdie Me, LLC, a Massachusetts limited liability company (“Little Birdie Me”, “we”, “us” or “our”), offers access to all Internet-based properties owned and operated by us, including but not limited to our website located at https://www.littlebirdie.me (collectively, the “Site”), to users of the Site, anyone who visits the Site or who directly avails himself or herself of Little Birdie Me’s services (“User,” “you” and “your”), conditioned on your acceptance without modification of the terms, conditions and notices contained in the Terms of Service herein (the “Terms”) and the Site’s Privacy Policy. Additional features, applications, activities and services offered as part of the Site may also be subject to additional terms specified in connection with such features, applications, activities and services, all of which are incorporated into these Terms by reference.


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Terms of Service Table
Summary Legal Description

GENERAL USE OF THE SITE

By accessing this Site on any platform or via any method of distribution, you agree to these Terms and the Privacy Policy.

By registering for a Little Birdie Me User account, or otherwise accessing or using the Site, you acknowledge that you have read, understand, and agree to be bound by the following Terms and the Privacy Policy, as they each may be modified from time to time. If at any time you don’t agree to these Terms and the Privacy Policy, immediately delete your account, discontinue your use of the Site and any pending transactions or communications with Little Birdie Me Users.

Your privacy is important to us. Our Privacy Policy is hereby incorporated into these Terms by reference. Please read our Privacy Policy carefully for details relating to the collection, use and disclosure of your personal information.

We may change these Terms from time to time.

Because the Site changes from time to time, Little Birdie Me reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time without notice. Please check the Terms periodically for changes. Your continued use of the Site after the posting of changes will constitute your acceptance of such changes. While non-material changes to these Terms are effective immediately, any material changes to these Terms will automatically be effective thirty (30) days after they are initially posted on the Site.

This site should not be used at all by children under age 13.

Our services are not intended for persons under the age of 13. If you are under 13 years old, please do not use the Site.

Minors ages 13-17 may only use the Site with their parents’ permission.

If you are 13 or older, but under the age of consent where you live, then you must get the consent of your parents prior to using the Site and, if you do use the Site, you represent to us that you have done so.

You agree to use caution and prudence when using the Site and interacting with other Users.

YOU AGREE THAT YOU WILL NOT TO GIVE OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOUR CHILDREN OR OTHER MINORS. PLEASE USE CAUTION AND PRUDENCE WHEN CONTRIBUTING IDENTIFYING OR PERSONAL INFORMATION TO THE SITE AND WHEN INTERACTING WITH PEOPLE YOU DO NOT KNOW PERSONALLY. BY DEFAULT, THE SITE’S CHILDREN MODULE IS ONLY VISIBLE TO YOUR FRIENDS. YOU ARE RESPONSIBLE FOR ANY CHANGES YOU MAKE TO THAT DEFAULT SETTING AND ANY IDENTIFYING INFORMATION YOU SHARE ABOUT YOUR CHILDREN.

The Site is for personal, non-commercial use only.

The site is for personal, non-commercial use only. Users may not solicit or sell through the Site. You agree not to sell or commercially exploit the Site, access to the Site, or its content in any manner.

USER ACCOUNTS

In the majority of instances, to access the Site and to post content, you must register and create an account. You are responsible for activity under your account.

You may be required to register for a Little Birdie Me User account in order to access the Site or particular features or components thereof. If you create an account, you shall provide true, accurate, current and complete information about yourself, and shall maintain and update that registration data to keep it accurate, current and complete.

By using the Site, you acknowledge that you are responsible for maintaining the confidentiality of your account login and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Site account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Little Birdie Me is not responsible for third party access to your account that results from theft or misappropriation of your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware by e-mailing us at: support@littlebirdie.me. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You shall not open an account for anyone else.

The Site is targeted to United States-based Users. International Users are responsible for their own compliance with local laws arising from their use of the Site.

The Site is controlled and offered by Little Birdie Me from its facilities in the United States of America. While we provide certain country-based customizations as a courtesy, Little Birdie Me makes no representations that the Site is appropriate or available for use in other locations. Access to the Little Birdie Me Materials and the Site from territories where access or use thereof is illegal is strictly prohibited. Site Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, e-mail, and privacy. You may not use or export any Materials, Editorial Content or original photographs in violation of U.S. export laws and regulations.

We may disclose your account information in limited circumstances.

You acknowledge, consent and agree that Little Birdie Me may access, preserve and disclose your account information, if any, other information relating to you, and information you provide to Little Birdie Me, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with any requirement of law, regulation, legal process, or enforceable governmental request; (b) enforce or investigate a potential violation of these Terms; (c) detect, prevent or otherwise respond to fraud, security or technical concerns; (d) protect the rights, property or safety of Little Birdie Me, its Users, or the public against harm, or (e) respond to your requests for customer service.

We may suspend or delete your account and any data associated with it at any time.

We may suspend or delete your account or your use of the Site at any time, for any reason or for no reason, including in the event that you violate these Terms, we are unable to verify or authenticate any information you provide to us, or we believe that your actions may cause losses to, or legal liability for, you, other Users of the Site, or us. If we terminate your account, we may discard all or any part of your account or any of information and User Contributions you provide to us, at any time, with or without notice, and without liability to you or any third-party for any such termination and loss of information.

We do not permit infringing activities on the Site. If we suspect or find that any User has infringed the intellectual property rights of us, other Site Users or third parties, we reserve the right to immediately terminate that User’s access to the Site and remove all of his or her User Contributions. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Little Birdie Me may have at law or in equity.

If you delete your account, it will not be possible for us to restore or recover any data.

When you confirm a request to delete your account, we will perform a “hard delete” of all data associated with your User account on our Site and in our third-party e-mail delivery system. As a result, it will not be possible for us to restore or recover any data associated with your User account after we receive your request to delete your User account. Any comments you have made on our blog will remain on the Site, but you will no longer be able to edit or delete those comments.

You may file a complaint or terminate your User account at any time.

If you are dissatisfied with the Site or our services, please do not hesitate let us know at support@littlebirdie.me. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms, (iii) any of our policies or practices in operating the Site, or (iv) any User Contribution (as defined below) or information transmitted through the Site, is to terminate your use of the Site and delete your account. You may terminate these Terms at any time by deleting your account, and discontinuing your use of any and all parts of the Site.

USER CONTENT AND CONTRIBUTIONS

Users can post content and comments on the Site or social media platforms, which are not confidential.

Users may provide and upload content or materials to Little Birdie Me, including their preferences, gift wish lists, gift purchase histories, and links to third-party registries. Users may also post content, comments and other submissions, and upload materials onto various areas of the Site and to our social media accounts. (All information, materials, text, comments, images, videos and other content and materials uploaded or posted to the Site by Users and directed to/at us on a social media platform, excluding personally identifying information provided only in the context of creating or maintaining your User account, is collectively referred to as “User Contributions.”) All User Contributions will be considered non-confidential and non-proprietary.

Little Birdie Me is under no obligation to post or use any User Contribution you may provide. We may remove any User Contributions at any time in our sole discretion.

You grant Little Birdie Me a license to use your User Contributions. Examples include quoting a comment you make on our blog, and reposting an image you shared to our Facebook page or in which we are tagged or mentioned on Instagram.

Little Birdie Me does not claim ownership of any User Contributions. However, by posting, uploading or otherwise submitting a User Contribution, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, modify, repost, adapt, publish, sell, translate and/or create derivative works from, archive, aggregate, distribute, transmit, perform and display such User Contribution in connection with the operation and promotion of our Site and our Internet-based business, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat and sublicense your User Contribution; to publish your User name/handle in connection with your User Contribution; and to use your name, username, likeness, voice, actions, statements and endorsements if (and as) they are incorporated in your User Contribution. You understand and agree that you will not have any right to inspect or approve our use of your User Contribution, it will not be returned to you, and you will not be compensated for our use of your User Contribution. Other than the rights granted herein, you retain ownership of all rights in your User Contributions.

While we reserve the right to use your User Contributions, we respect your privacy settings and preferences. We do not intend to include any User Contribution that you have not made publicly available in our marketing efforts.

You are responsible for your User Contributions.

You are responsible for your User Contributions and Communications. Please do your best to ensure that your own User Contributions and Communications are accurate, that they do not violate any laws or infringe on the rights of others, and that they comply with the User Code of Conduct and Prohibited Uses described below.

By posting, uploading, inputting, providing or submitting your User Contribution you warrant and represent that you own or otherwise control all of the rights to your User Contribution as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Contribution. You agree to be solely liable for any claims, damages or other liabilities resulting from your use of the Site or your uploading, posting, or submitting any User Contribution or the content of any of your User Contributions.

You agree to use the Site’s Communication Services only for their proper and intended purposes.

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Services. You specifically agree to use the Communication Services in compliance with the User Code of Conduct and Prohibited Uses described below. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We are not responsible for the content of User Contributions and Communications.

We are not in any manner responsible for the content or nature of other Users’ Contributions or the Communication Services. We have no obligation to monitor User Contributions or the Communication Services, although we reserve the right to review materials posted or a Communication Service and to remove any materials or block any User in our sole discretion. Any opinions, advice, statements or other information contained in User Contributions or the Communication Services are those of the author and not of us. We do not endorse or guarantee the accuracy, completeness or usefulness of any User Contribution or Communication.

By providing you with the ability to view and distribute User-generated and/or User-submitted content, User Contributions and Communication Services on the Site, we are not undertaking any obligation or liability relating to any such content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law.

You understand and acknowledge that your User Contributions and communications may be open to public commentary or communications that are not under our direct control and do not necessarily reflect our views. You understand that you may be subject to User Contributions or communications that you find objectionable, indecent or offensive. While we may on occasion monitor and moderate posts, we do not warrant their content or accuracy. You understand and acknowledge that, pursuant to Section 230 of the federal Communications Decency Act, we, as the provider of interactive computer services, shall not be treated as the publisher or speaker of any information provided by another information content provider, including other Users.

SITE MATERIALS & EDITORIAL CONTENT

All Editorial Content is provided for informational purposes only.

Although we use reasonable efforts to ensure that the content that is featured or displayed on the Site that we create and provide (the “Editorial Content”) is accurate and informative, we cannot guarantee the accuracy or completeness of the Editorial Content. Under no circumstances will we be liable in any way for any Editorial Content, including, but not limited to, any errors or omissions in such Editorial Content, any loss or damage of any kind incurred as a result of your reliance on such Editorial Content, or the use of any product or service reviewed or discussed in such Editorial Content.

We are not responsible for the quality, availability, value or utility of the gift ideas or the claims and representations of non-profits and businesses mentioned, featured or linked on the Site.

The Site contains information, gift ideas and recommendations, opinions, and reviews regarding, and links to, products and services manufactured or provided by third parties. We are not responsible in any way for such products and services, and nothing contained on the Site should be construed as a guarantee of the quality, functionality, utility, safety, reliability, value or availability of any product or services reviewed or discussed on the Site. Further, we do not guarantee that any such products are not subject to recall. Please review the information and follow the directions provided by the manufacturer or service provider when using any product or service reviewed or discussed on the Site.

We do not make any representations or warranties about the third party charities, non-profits and businesses mentioned, recommended or linked to on the Site.

The Site’s intellectual property belongs to us. You may use the Site pursuant to these Terms, but have no other rights to intellectual property owned by us or by third parties.

The Site, including the content, visual interfaces, interactive features, Editorial Content, information, communications, graphics, design, compilation, computer code, products, software, services, sound files, and all other elements of the Site that are provided by us (“Site Materials”) are protected by copyright, trade dress, patent and trademark laws, international conventions, all other relevant intellectual property and proprietary rights, and applicable laws.

The Site may also include User Contributions and other content owned by third parties that is licensed to us.

You are granted a non-exclusive, non-transferable, revocable to access and use the Site strictly in accordance with these Terms. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Site or the Site Materials. You shall not acquire any right, title or interest to the Site, the Site Materials, Little Birdie Me’s or its licensors’ intellectual property, or any other User’s User Contribution, except for the limited rights set forth in these Terms or any express license from us or our licensors. You may not use our marks, logos, designs and phrases without our express prior written permission.

We do not grant any rights to use photos or images on the Site that we license from third parties.

The Site contains stock photos and images from a variety of sources, which are the copyrighted property of the original sources. You may not use, reproduce or republish those photos or images without the direct consent of the original owner.

You may use the Site’s original photos in compliance with the Attribution-NonCommercial-ShareAlike 3.0 United States version of the Creative Commons 3.0 License.

All original photos, images and videos created and published by the Site are protected under the Attribution-NonCommercial-ShareAlike 3.0 United States version of the Creative Commons 3.0 License, available at: https://creativecommons.org/licenses/by-nc-sa/3.0/legalcode. An overview is available at: https://creativecommons.org/licenses/by-nc-sa/3.0/. You may only use the Site’s original photos, images and videos pursuant to the terms and conditions of the CC-3 license. To contact us regarding copyright compliance with respect to any of our original photos, images and/or videos, please e-mail us at: copyright@littlebirdie.me

We link to other sites, but we are not responsible for their content, policies or security.

The Site may contain links to other sites on the Internet (“Third Party Sites”), all of which have their own privacy and data collection practices. Little Birdie Me has no control over such Third Party Sites, and therefore we make no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Third Party Sites linked to by the Site. We provide links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked site or any product, service or information therein. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK. When you leave the Site, our Terms and policies no longer govern. You should review applicable the terms and policies, including the privacy and data gathering practices, of any Third Party Sites.

We link to other sites, and we may be compensated for the referrals.

Little Birdie Me is a free service to Users. In order to provide this service, we receive some income through referrals to Third Party Sites, including when Users click on a link to the Amazon website or registry, or through other sites that offer referral bonuses. We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. We are committed to recommending products and services only if we truly like (in most cases love!) them and the potential for income generation does not determine whether or not we feature a product or service. This is something about which we feel very strongly, believing that, in the long term, our reputation as a reliable source for ideas is more valuable than any short-term monetary gains there are to be had.

USER CODE OF CONDUCT: PROHIBITED USES

You agree that your content and use of the Site will comply with these Terms and applicable law. You agree not to post or display any User Contributions that are illegal, immoral, offensive, or that violate the rights of others.

As a condition of your use of the Site, you will not use the Site or the Communication Services for any purpose that is unlawful or prohibited by these Terms or any Site rules. You agree not to do any of the following, and not to authorize or facilitate any attempt by another person or entity to do the following:

  1. a. Post, transmit, or cause to be exhibited or displayed on or using the Site any Communication that is harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, in whole or in part, or that interferes with anyone’s use or enjoyment of the Site, or that otherwise violates the legal rights (such as rights to privacy and publicity) of Users of the Site, as determined by us in our sole discretion;
  2. b. Post, transmit, or cause to be exhibited or displayed on or using the Site any Communication that infringes another person’s or entity’s copyright, trademark, right of publicity or other personal or proprietary right or violates any applicable law;
  3. c. Impersonate another person or entity;
  4. d. Solicit personally identifiable information from any person;
  5. e. Engage in disruptive activity such as posting Communications that are unrelated to a forum’s designated topic or theme; or
  6. f. Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about users of the Site.

You agree not to compromise or circumvent the Site’s operational and security measures.

You agree not to intentionally interfere with, restrict, damage, impair, or disable the operation of the Site, the Communication Services, or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, malware, spyware, adware, corrupted files, or other malicious code.

You agree not to remove, circumvent, disable, damage, or otherwise interfere with any technical or security-related features of the Site, features that prevent or restrict the use or copying of any User Contribution accessible through the Site, or features that enforce limitations on the use of the Site. You agree not to interfere with the working of the Site, including by imposing an unreasonable or disproportionately large load on our infrastructure. You agree not to breach or circumvent any or our policies or determinations of your account status.

You agree not to attempt to gain unauthorized access to the Site or any part of it, or other Users’ accounts, computer systems, or networks connected to the Site, through hacking, password mining or any other means, or to interfere or attempt to interfere with the proper working of the Site, the Communication Services, or any other activities conducted on or through the Site.

You shall not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. You shall not take any action that imposes, or may impose, in our sole discretion an unreasonable or disproportionately large load on our infrastructure; interfere or attempt to interfere with the proper working of any of the Site; or bypass any measures we may use to prevent or restrict access to the Site.

NOTICES & PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Reporting claims of copyright infringement:

Little Birdie Me has adopted the following policy toward copyright infringement on the Site in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf (the “DMCA”)). The address of Little Birdie Me’s Designated Agent for copyright takedown notices (“Designated Agent”) is listed below.

If you believe that User Contribution residing or accessible on or through the Site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:

  1. i. Identification of the work or material being infringed, including a link to the alleged infringement.
  2. ii. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Little Birdie Me is capable of finding it and verifying its existence.
  3. iii. Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address.
  4. iv. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
  5. v. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
  6. vi. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

After removing material pursuant to a valid DMCA notice, Little Birdie Me will immediately notify the User responsible for the allegedly infringing material that it has removed or disabled access to the material. Little Birdie Me reserves the right, in its sole discretion, to immediately terminate the account of any User who is the subject of repeated DMCA notifications.

Submitting a DMCA counter-notification:

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Little Birdie Me by providing the following information to the Designated Agent at the address below:

  1. i. The specific URLs of material that Little Birdie Me has removed or to which Little Birdie Me has disabled access.
  2. ii. Your name, address, telephone number, and e-mail address.
  3. iii. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the Federal District Court, District of New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
  4. iv. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  5. v. Your physical or electronic signature.

Upon receipt of a valid counter-notification, Little Birdie Me will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Little Birdie Me does not receive any such notification within ten (10) days, we may restore the material to the Site.

Contact information for Little Birdie Me’s DMCA Designated Agent:

Notices of claimed copyright infringement should be directed to:

Little Birdie Me, LLC
Attn: Copyright Agent
P.O. Box 400029
Cambridge, MA 02140-9998

E-mail: dmca@littlebirdie.me

THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS SERVICE RELATED QUESTIONS AND REQUESTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

DISCLAIMERS & LIMITATIONS OF LIABILITY

While we try our best, we do not warrant that the content on the Site is correct.

We make no warranties or representations about the accuracy or completeness of any Editorial Content, Site Materials or Communication Services.

ALL OF THE CONTENT, COMMUNICATIONS, INFORMATION AND FUNCTIONALITY CONTAINED IN AND/OR PROVIDED VIA THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT OR COMMUNICATIONS IN THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF THEY ARE NOT PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE.

We also do not warrant goods or services provided by third parties.

The Site contains information, gift ideas and recommendations, opinions, and reviews regarding, and links to, products and services manufactured or provided by third parties. We are not responsible in any way for such products and services, and nothing contained on the Site should be construed as a guarantee of the quality, functionality, utility, safety, reliability, value or availability of any product or services reviewed or discussed on the Site. Further, we do not guarantee that any such products are not subject to recall. Please review the information and follow the directions provided by the manufacturer or service provider when using any product or service reviewed or discussed on the Site.

We do not make any representations or warranties about the third party charities mentioned, recommended or linked to on the Site.

We are not liable for Users’ conduct on the Site.

By providing you with the ability to view and distribute User-generated and/or User-submitted content, User Contributions and Communication Services on the Site, we are not undertaking any obligation or liability relating to any such content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law.

You understand and acknowledge that your User Contributions and communications may be open to public commentary or communications that are not under our direct control and do not necessarily reflect our views. You understand that you may be subject to User Contributions or communications that you find objectionable, indecent or offensive. While we may curate posts, we do not warrant their content or accuracy. You understand and acknowledge that, pursuant to Section 230 of the federal Communications Decency Act, we, as the provider of interactive computer services, shall not be treated as the publisher or speaker of any information provided by another information content provider, including other Users.

You agree to indemnify us from all losses, damages and expenses arising out of your violation of these Terms and/or your use of the Site.

You agree to be solely liable for any claims, damages or other liabilities resulting from your use of the Site or your uploading, posting, or submitting any User Contribution or communication, or the content of any of your User Contributions or communications.

You agree to indemnify and hold harmless Little Birdie Me and its affiliates, and the officers, members, employees and agents of any of the foregoing, from any and all claims, losses, damages, liabilities, and costs (including attorneys’ fees) arising out of: (i) your use or misuse of the Site and/or your violation of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which Little Birdie Me is a named party without our prior written consent. Little Birdie Me will use reasonable efforts to notify you of any such claim, action, or proceeding upon receiving notice of it.

We are not responsible for your posts of personally identifiable information.

PLEASE USE CAUTION AND PRUDENCE WHEN CONTRIBUTING PERSONAL INFORMATION TO THE SITE AND WHEN INTERACTING WITH PEOPLE YOU DO NOT KNOW PERSONALLY. Little Birdie Me does not warrant and specifically disclaims any harm to you, your family or others as a result of personally identifiable information you post on the Site.

We will only be liable for harm to you arising from our misconduct or fraud.

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SITE, PRODUCTS, FUNCTIONALITY AND MATERIALS AVAILABLE FROM THIS SITE, EXCEPT WHERE WE HAVE BEEN FOUND LIABLE FOR WILLFUL MISCONDUCT, FRAUD OR CRIMINAL ACTIVITY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU FURTHER AGREE TO RELEASE THE LITTLE BIRDIE ME RELEASEES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH INTERACTIONS OR DISPUTES YOU HAVE WITH ONE OR MORE OTHER USERS.

Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorneys’ fees. Under no circumstances will any claimant be entitled to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses.

MISCELLANEOUS PROVISIONS

If we have a dispute, it will be subject to Massachusetts law and heard in Cambridge, Massachusetts or Boston, Massachusetts.

These Terms will be governed by and interpreted in all respects in accordance with the substantive laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions. The Site shall be deemed a passive website that does not give rise to personal jurisdiction over Little Birdie Me, either specific or general, in jurisdictions other than Massachusetts. Except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms or the Site will be resolved exclusively in the state or federal courts located in Cambridge, Massachusetts or Boston, Massachusetts.

Any and all disputes directly or indirectly arising out of or relating to the Terms or the Site will be resolved individually, without resort to any form of class action.

We ask that you raise any claims within one year.

Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Site must be commenced within one (1) year after the claim or cause of action arises.

These Terms may only be waived or modified in writing.

Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. These Terms may only be waived in writing.

We will promptly send notices via e-mail and by posting them on the Site. You agree to receiving notice electronically.

Little Birdie Me may provide you with notices, including those regarding changes to these Terms, by e-mail, regular mail or postings on the Site. Notice will be deemed given twenty-four (24) hours after the e-mail is sent. You are responsible for keeping your contact information on the Site current.

Visiting the Site or sending e-mails to Little Birdie Me or its Users constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing.

We may assign our rights and duties hereunder to any party at any time.

These Terms, and any rights and licenses granted hereunder, may be assigned by Little Birdie Me without restriction. You may not transfer your User account, or transfer or assign your rights hereunder.

This Summary column is provided to help Users access the Terms more easily but should not be taken as a replacement for them.

Please note that the Summary column of the Terms is provided to facilitate access but should in no way be deemed a replacement or substitute for the Legal Description. If any conflict should arise in language between the two, the Legal Description takes precedence.

Please do not hesitate to contact us with any questions, concerns or feedback.

If you have questions, concerns or suggestions for improvement, please contact us in writing at:

Little Birdie Me, LLC
P.O. Box 400029
Cambridge, MA 02140-9998

Or, e-mail us at: support@littlebirdie.me