My LittleBigBook Terms of Service
March 1st, 2010
0. Introduction; Your Agreement to these Terms of Use.
Welcome to the MyLittleBigBook.com (owned and operated by MyLittleBigBook, Pty. Ltd. (hereinafter “MyLittleBigBook”)) content management and file download platform consisting of web sites, services, software applications and networks that allows for the authorized download and distribution of written digital content over the internet (the “MyLittleBigBook Platform”).
The following Terms of Use for the MyLittleBigBook Platform is a legal contract between You, either an individual user or a single entity (“You” or, collectively, “Users”), and MyLittleBigBook regarding Your use of the MyLittleBigBook Platform.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE MYLITTLEBIGBOOK PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE MYLITTLEBIGBOOK PLATFORM IN THE MANNER DESCRIBED IN SECTION 11.2 BELOW.
1. Eligibility.
The MyLittleBigBook Platform is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the MyLittleBigBook Platform by MyLittleBigBook. If you are using or opening an account on the MyLittleBigBook Platform on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE MYLITTLEBIGBOOK PLATFORM, YOU REPRESENT THAT you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 13, as the MyLittleBigBook Platform is not intended for children under 13.
2. Privacy; Additional Terms.
Your privacy is important to MyLittleBigBook. MyLittleBigBook’s Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to MyLittleBigBook’s collection, use, and disclosure of Your personal information.
3. Individual Features and Services.
When using the MyLittleBigBook Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms.
MyLittleBigBook reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the MyLittleBigBook Platform after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective ten days after they are initially posted on the MyLittleBigBook Platform. We will always make a reasonable effort to notify You if we do change these Terms.
5. Digital Millennium Copyright Act.
Please note that since we respect authors’ and content holders’ rights, it is MyLittleBigBook’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information, please go to MyLittleBigBook’s DMCA Notification Guidelines. Please note that MyLittleBigBook will promptly terminate without notice any User’s access to the MyLittleBigBook Platform if that User is determined by MyLittleBigBook to be a “repeat infringer”. A repeat infringer is a User who has been notified by MyLittleBigBook of infringing activity violations more than twice and/or who has had their User Content or any other user-submitted content removed from the MyLittleBigBook Platform more than twice.
6. MyLittleBigBook Platform License Grant.
6.1 License Grant to Upload.
Subject to Your compliance with the terms and conditions set out in these Terms, MyLittleBigBook hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the MyLittleBigBook Platform for the uploading and distributing of authorized digital content, including electronic documents (“User Content”).
User Content is uploaded at Your own risk. Notwithstanding anything to the contrary herein, MyLittleBigBook does not guarantee that there will be no unauthorized copying or distribution of User Content nor will MyLittleBigBook be liable for any unauthorized copying or usage of the User Content.
6.2 License Grant to Download.
Subject to Your compliance with the terms and conditions set out in these Terms, MyLittleBigBook hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device), print, and have printed User Content for personal use subject to any express restrictions contained in the license under which such User Content is distributed.
6.3 Reservation of Rights.
MyLittleBigBook reserves all rights not expressly granted in these Terms.
6.4 Prevention of Unauthorized Use.
MyLittleBigBook reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the MyLittleBigBook Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
7. User Content License Grant; Representations and Warranties.
7.1 Retention of Ownership
Subject to the licenses granted herein, You retain all of Your ownership rights in User Content owned by You.
7.2 License Grant to MyLittleBigBook.
Unless otherwise agreed to in a separate written agreement between You and MyLittleBigBook that was signed by an authorized representative of MyLittleBigBook:
a) By distributing or disseminating User Content through the MyLittleBigBook Platform, You hereby grant to MyLittleBigBook a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit Your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by MyLittleBigBook. Such license will apply to any form, media, or technology now known or hereafter developed.
b) The license granted by You in Section 7.2(a), above, terminates as to a specific piece of User Content once You remove or delete such User Content from the MyLittleBigBook Platform. Notwithstanding the foregoing (or anything else to the contrary in these Terms) any sublicenses granted and/or authorized by MyLittleBigBook with respect to Your User Content prior to Your removal of such User Content from the MyLittleBigBook Platform shall survive any termination or expiration of the license granted in Section 7.2(a) above.
c) By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played.
7.3 License Grant to other MyLittleBigBook users.
By distributing or disseminating User Content through the MyLittleBigBook Platform, You hereby grant to each User that is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access You User Content at least a limited, non-exclusive, license to view, download (including, without limitation download to a portable device), print and have printed such User Content for personal use in the manner contemplated by these Terms and the MyLittleBigBook Platform. The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the MyLittleBigBook Platform provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the MyLittleBigBook Platform survive any termination or expiration of the license granted in this section 7.3.
7.4 User Content Representations and Warranties.
You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading and publishing Your User Content, You affirm, represent, and warrant that:
(1) You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize MyLittleBigBook and MyLittleBigBook’s Users to use Your User Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by MyLittleBigBook and these Terms;
(2) Your User Content does not and will not slander, defame, or libel any other person.
(3) The use of Your User Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and
(4) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
Violators of these third-party rights may be subject to criminal and civil liability. MyLittleBigBook reserves all rights and remedies against any Users who violate these Terms.
7.5 User Content Disclaimer.
You understand that when using the MyLittleBigBook Platform You will be exposed to User Content from a variety of sources, and that MyLittleBigBook is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, 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 MyLittleBigBook with respect thereto. MyLittleBigBook does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and MyLittleBigBook expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, MyLittleBigBook may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, MyLittleBigBook does not permit copyright infringing activities on the MyLittleBigBook Platform.
8. Prohibited Conduct.
BY USING THE MYLITTLEBIGBOOK PLATFORM YOU AGREE NOT TO:
8.1 use the MyLittleBigBook Platform for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the MyLittleBigBook Platform as such services are offered by MyLittleBigBook;
8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
8.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the MyLittleBigBook Platform accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the MyLittleBigBook Platform, or perform any other similar fraudulent activity;
8.6 delete the copyright or other proprietary rights on the MyLittleBigBook Platform or User Content;
8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the MyLittleBigBook Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
8.8 use the MyLittleBigBook Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.9 defame, harass, abuse, threaten or defraud Users of the MyLittleBigBook Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.10 use the MyLittleBigBook Platform if You are under the age of thirteen (13) years old;
8.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the MyLittleBigBook Platform or User Content, features that prevent or restrict use or copying of any content accessible through the MyLittleBigBook Platform, or features that enforce limitations on the use of the MyLittleBigBook Platform or User Content;
8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the MyLittleBigBook Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.13 modify, adapt, translate or create derivative works based upon the MyLittleBigBook Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.14 intentionally interfere with or damage operation of the MyLittleBigBook Platform or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
8.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the MyLittleBigBook Platform accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the MyLittleBigBook Platform, or perform any other similar fraudulent activity;
8.6 delete the copyright or other proprietary rights on the MyLittleBigBook Platform or User Content;
8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the MyLittleBigBook Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
8.8 use the MyLittleBigBook Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.9 defame, harass, abuse, threaten or defraud Users of the MyLittleBigBook Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.10 use the MyLittleBigBook Platform if You are under the age of thirteen (13) years old;
8.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the MyLittleBigBook Platform or User Content, features that prevent or restrict use or copying of any content accessible through the MyLittleBigBook Platform, or features that enforce limitations on the use of the MyLittleBigBook Platform or User Content;
8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the MyLittleBigBook Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.13 modify, adapt, translate or create derivative works based upon the MyLittleBigBook Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.14 intentionally interfere with or damage operation of the MyLittleBigBook Platform or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
8.15 relay email from a third party’s mail servers without the permission of that third party;
8.16 use any robot, spider, scraper, or other automated means to access the MyLittleBigBook Platform for any purpose or bypass any measures MyLittleBigBook may use to prevent or restrict access to the MyLittleBigBook Platform;
8.17 forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the MyLittleBigBook Platform;
8.18 interfere with or disrupt the MyLittleBigBook Platform or servers or networks connected to the MyLittleBigBook Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the MyLittleBigBook Platform; or
8.19 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that in MyLittleBigBook’s sole opinion detracts from the MyLittleBigBook experience.
9. Account
When You use the MyLittleBigBook Platform to upload and/or download content or any products, services, or information from MyLittleBigBook, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to MyLittleBigBook on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID or password), then You agree to immediately notify MyLittleBigBook. You may be liable for the losses incurred by MyLittleBigBook or others due to any unauthorized use of Your MyLittleBigBook Platform account.
10. Third-Party Sites, Products and Services; Links.
The MyLittleBigBook Platform may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by MyLittleBigBook, MyLittleBigBook does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the MyLittleBigBook Platform are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
11. Termination; Terms of Use Violations.
11.1 MyLittleBigBook.
You agree that MyLittleBigBook, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with MyLittleBigBook or Your use of the MyLittleBigBook Platform and remove and discard all or any part of Your account, User profile, and any User Content, at any time. MyLittleBigBook may also in its sole discretion and at any time discontinue providing access to the MyLittleBigBook Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the MyLittleBigBook Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that MyLittleBigBook will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MyLittleBigBook may have at law or in equity. As discussed herein, MyLittleBigBook does not permit copyright infringing activities on the MyLittleBigBook Platform, and will terminate access to the MyLittleBigBook Platform, and remove all User Content or other content submitted by any Users who are found to be repeat infringers.
11.2 You.
Your only remedy with respect to any dissatisfaction with (i) the MyLittleBigBook Platform, (ii) any term of these Terms, (iii) any policy or practice of MyLittleBigBook in operating the MyLittleBigBook Platform, or (iv) any content or information transmitted through the MyLittleBigBook Platform, is to terminate these Terms and Your account. You may terminate these Terms at any time by discontinuing use of any and all parts of the MyLittleBigBook Platform.
11.3 User Content.
Subject to Section 7.2 above, upon termination of these Terms by You or MyLittleBigBook, MyLittleBigBook will discontinue prospective hosting and distribution of Your User Content.
12. Ownership; Proprietary Rights.
The MyLittleBigBook Platform is owned and operated by MyLittleBigBook. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the MyLittleBigBook Platform provided by MyLittleBigBook (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that is provided and owned by Users, all Materials contained on the MyLittleBigBook Platform are the property of MyLittleBigBook or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to MyLittleBigBook or its affiliates and/or third-party licensors. Except as expressly authorized by MyLittleBigBook, 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 Materials or the MyLittleBigBook Platform. MyLittleBigBook reserves all rights not expressly granted in these Terms.
13. Indemnification.
You agree to indemnify, save, and hold MyLittleBigBook, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the MyLittleBigBook Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. MyLittleBigBook reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify MyLittleBigBook, and You agree to cooperate with MyLittleBigBook’s defense of these claims. MyLittleBigBook will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; No Warranties.
14.1 No warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MYLITTLEBIGBOOK, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYLITTLEBIGBOOK OR THROUGH THE MYLITTLEBIGBOOK PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM MYLITTLEBIGBOOK INCLUDES MYLITTLEBIGBOOK’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
14.2 “As is” and “As available” and “With All Faults”.
YOU EXPRESSLY AGREE THAT THE USE OF THE MYLITTLEBIGBOOK PLATFORM IS AT YOUR SOLE RISK. THE MYLITTLEBIGBOOK PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MYLITTLEBIGBOOK PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
14.3 Platform Operation and User Content.
MYLITTLEBIGBOOK, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE MYLITTLEBIGBOOK PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
14.4 Accuracy.
MYLITTLEBIGBOOK, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MYLITTLEBIGBOOK PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
14.5 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE MYLITTLEBIGBOOK PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING WITHOUT LIMITATION YOUR COMPUTER SYSTEM OR PORTABLE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
14.6 Uploaded Content.
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY MYLITTLEBIGBOOK HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT “AS-IS” AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
15. Limitation of Liability and Damages.
15.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MYLITTLEBIGBOOK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE MYLITTLEBIGBOOK PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH MYLITTLEBIGBOOK, EVEN IF MYLITTLEBIGBOOK OR AN MYLITTLEBIGBOOK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Limitation of Damages.
IN NO EVENT WILL THE TOTAL LIABILITY OF MYLITTLEBIGBOOK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE MYLITTLEBIGBOOK PLATFORM OR YOUR INTERACTION WITH OTHER MYLITTLEBIGBOOK PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE MYLITTLEBIGBOOK PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
15.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN MYLITTLEBIGBOOK AND RECEIVED THROUGH OR ADVERTISED ON THE MYLITTLEBIGBOOK PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
15.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT MYLITTLEBIGBOOK HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MYLITTLEBIGBOOK, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MYLITTLEBIGBOOK. MYLITTLEBIGBOOK WOULD NOT BE ABLE TO PROVIDE THE MYLITTLEBIGBOOK PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
15.5 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
16. Miscellaneous.
16.1 Notice.
MyLittleBigBook may provide You with notices, including those regarding changes to MyLittleBigBook’s terms and conditions, by email, regular mail, or postings on the MyLittleBigBook Platform. Notice will be deemed given twenty-four hours after email is sent, unless MyLittleBigBook is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the MyLittleBigBook Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the MyLittleBigBook Platform is deemed given ten days following the initial posting.
16.2 Waiver.
The failure of MyLittleBigBook to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by MyLittleBigBook.
16.3 Governing Law.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
16.4 Jurisdiction.
You agree that any action at law or in equity arising out of or relating to these Terms or MyLittleBigBook will be filed only in the state or federal courts in and for Santa Clara County, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
16.5 Severability.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
16.6 Assignment.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by MyLittleBigBook without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
16.7 Survival.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6-17.
16.8 Headings.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
16.9 Entire Agreement.
These Terms (including all Guidelines and terms incorporated herein) are the entire agreement between You and MyLittleBigBook relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by MyLittleBigBook as set forth in section 4 above.
16.10 Claims.
YOU AND MYLITTLEBIGBOOK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MYLITTLEBIGBOOK PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.