Little Nugget Terms & Conditions
Welcome to the Little Nugget app and LittleNuggetCo.com (the “Service”) which are provided to you by CHG Developments, LLC, d/b/a Little Nugget. and our affiliates (referred to herein as “Little Nugget,” “our,” “we,” or “us”). This Agreement applies to all visitors, users, and others who access the Service (“Users”).
Your access and use of the service is subject to the following terms and conditions (the “Terms and Conditions” or “Agreement”) and all applicable laws. By accessing or using any part of the Service, you accept, without limitation or qualification, these terms and conditions.
Little Nugget is a platform that helps parents capture raise their children by enabling them to create, store and share their pregnancy and baby moments in one seamless experience. Through the Little Nugget platform you can privately create moments and milestones photos of your loved ones, then share privately or publicly across your favorite social network.
2. Basic Terms
You may use the Service only if you can form a binding contract with Little Nugget and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and Conditions on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules and regulations. The Service is not intended for children under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE. By using the Service, you represent and warrant that you are at least 18 years of age.
3. Little Nugget Service
Subject to the terms of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Little Nugget reserves all rights not expressly granted herein in the Service and the Little Nugget Content (as defined below). Little Nugget may terminate this license at any time for any reason or no reason. Your Little Nugget account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password within your reasonable control. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Little Nugget immediately of any breach of security or unauthorized use of your account. Little Nugget will not be liable for any losses caused by any unauthorized use of your account.
6. Use of the Service
This Service is provided for your personal and non-commercial use and for informational purposes regarding our services only. Any other use of the Service requires the prior written consent of Little Nugget.
You agree not to engage in any of the following prohibited activities:
(i) using any scraper, spider, robot or other automated means of any kind to access the Service, deep-link to any feature or content on the Service, crawl the Service in any manner, or bypass any other measures we may use to prevent or restrict access to the Service; (ii) overloading, flooding, spamming, mail-bombing the Service, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Service; (iii) undertaking, causing, permitting or authorizing the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by law, or otherwise attempt to use or access any portion of the Service other than as intended by Little Nugget; (iv) reproducing, distributing, displaying, performing, selling, trading, reselling or exploiting any portion of the Service, use of the Service, access to the Service or content obtained through the Service for any purpose; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) uploading, sending, posting, transmitting or otherwise making available any invalid data, viruses, worms, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service; (viii) uploading or otherwise transmitting to or through the Service any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit or, hateful or otherwise objectionable material of any kind; (ix) collecting or harvesting any personally identifiable information, including account names, from the Service; (x) deleting the copyright and other proprietary rights notices; (xi) uploading, posting or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise); (xii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xiii) using any trademarks, service marks, design marks, logos, photographs or other content belonging to Little Nugget or obtained from the Service; (xiv) interfering with the proper working of the Service; (xv) accessing, tampering with, or using any content, user accounts, personally identifiable information or other information on the Service through any technology or means other than those provided or authorized by the Service; or (xvi) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
7. Termination of Access
In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we expressly reserve the right to suspend, limit or terminate your access to the Service, at any time with or without notice and with or without cause, including if Little Nugget determines, in our sole discretion, that you pose a threat to the Service or its users. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
8. Third-Party Links
This Service may contain links to other web sites and apps not maintained by Little Nugget. Other web sites and apps may also reference or link to our Service. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every site and app that you visit. We are not responsible for the practices or the content of such other services.
9. User Content and Your License to Little Nugget
Little Nugget expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Service. Little Nugget reserves the right to investigate and take appropriate legal action against anyone who, in Little Nugget’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes or encourages violence;
- is inaccurate, false or misleading in any way;
- is illegal or promotes any illegal activities;
- promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
- contains “masked” profanity (i.e., F*@&#)
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Little Nugget is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Little Nugget will make all determinations as to what Content is appropriate in its sole discretion. Little Nugget may edit or remove any Content at any time without notice. You affirm, represent and warrant (i) that your User Content is original and you own all right, title, and interest in and to your User Content and any and all elements thereof or you have the rights in and to your User Content and have the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service, or the natural person’s parental consent in the case of any minors under the age of 18; and (ii) your User Content and our use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property, privacy, proprietary, confidentiality, and / or any other similar rights. Little Nugget will not be responsible or liable for any User Content that you or any User provides and for any consequences thereof, including the use of your User Content by other Users and third parties. You shall be solely responsible for your User Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose, and you agree that Little Nugget shall not be liable for any damages you allege to incur as a result of User Content.
10. Proprietary Rights
Little Nugget is the owner of or otherwise licensed to use all parts of the Service, including all copy, software, graphics, designs, photographs, and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Service may belong to third parties who have authorized Little Nugget to display the materials, such as other User Content, or other such proprietary materials. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms and Conditions are reserved by Little Nugget.
11. Little Nugget In-App and Unlimited Purchases
When you unlock in-app and unlimited access in Little Nugget’s app Service, you will receive additional content not available in the free version of the Service. In-app and unlimited unlock purchases will be available in perpetuity, however, Little Nugget reserves the right to discontinue availability of the content at their discretion. Unlimited unlock purchases will include all future paid content added to the Service, not inclusive of photo prints. We may also offer other products for purchase through our Service for which our billing and payment policies herein will apply.
(a) Billing Policies
If you elect to unlock additional paid content through the Little Nugget service, you are subject to the billing terms and policies of the Apple iTunes Store. Little Nugget may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; provided, however we will communicate any change in price to any Little Nugget premium content to you. Any change to our pricing or payment terms shall become effective immediately following notice of such change to you as provided in this Agreement.
(b) Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
12. Deleting Your Account
You can delete your account any time. When you delete your account, we delete things you have posted in your personal baby book, such as your photos and status updates. Public posting (eg. our community forum) may remain. We store data for as long as it is necessary to provide products and services to you and others, including those described above. Information associated with your account will be kept until your account is deleted, unless we no longer need the data to provide products and services. To cancel your account, send an email to email@example.com and provide your name, the email address associated with your account, and a phone number where you can be reached.
Little Nugget reserves the right to delete accounts following twelve months of inactivity. You will receive notice 30 days prior to account deletion via email.
Little Nugget cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to indemnify, defend and hold harmless Little Nugget, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.
15. No Warranties / Limitation of Liability
WHILE LITTLE NUGGET USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICE, LITTLE NUGGET MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. LITTLE NUGGET ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND LITTLE NUGGET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LITTLE NUGGET DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LITTLE NUGGET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LITTLE NUGGET SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL LITTLE NUGGET BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of the Service or this Agreement. The arbitration will be conducted before a single arbitrator and will be held at the AAA location in Indianapolis, IN. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Little Nugget will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Little Nugget in violation of this paragraph, you agree to pay Little Nugget’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
17. Governing Law
THE LAWS OF THE STATE OF INDIANA SHALL GOVERN THESE TERMS AND CONDITIONS. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN INDIANAPOLIS, INDIANA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SERVICE.
18. Entire Agreement and Changes
These Terms and Conditions may be changed at any time without prior notice. Little Nugget will make such changes by posting them on the Little Nugget app or web site or both or by other reasonable means in our sole discretion. Your continued use of the Service after such changes conclusively demonstrates your acceptance of those changes. Little Nugget may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. If you do not agree to any of these Terms and Conditions or any future Terms and Conditions, do not use or access (or continue to access) the Service.
If any part of this Agreement is held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
20. No Waiver
The failure of either party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
Should you have any questions regarding these Terms and Conditions you may contact us at firstname.lastname@example.org.
These Terms and Conditions are effective and were last updated on April 21, 2016.