Little Mammoth Media® Conditions of Use Last updated: July 30, 2019
Welcome to Little Mammoth Media®. Little Mammoth provides website features, video downloads, and other products and services to you when you visit Little Mammoth or use the Little Mammoth store. Little Mammoth Media® provides these products and services subject to the following conditions. By using Little Mammoth Services, you agree to these conditions. Please read them carefully. PRIVACY Please review our Privacy Notice which also governs your use of Little Mammoth Services, to understand our practices.
ELECTRONIC COMMUNICATIONS When you use Little Mammoth Services or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Little Mammoth Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through Little Mammoth, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Little Mammoth Media® or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Little Mammoth Service is the exclusive property of Little Mammoth Media® and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Little Mammoth Service are trademarks or trade dress of Little Mammoth Media® in the U.S. and other countries. Little Mammoth’s trademarks and trade the dress may not be used in connection with any product or service that is not Little Mammoth’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Little Mammoth Media®. All other trademarks not owned by Little Mammoth that appears in any Little Mammoth Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Little Mammoth. LICENSE AND ACCESS Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Little Mammoth or it’s content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Little Mammoth Services. This license does not include any resale or commercial use of any Little Mammoth Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Little Mammoth Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Little Mammoth Media® or its licensors, suppliers, publishers, rightsholders, or other content providers. No Little Mammoth video, nor any part of any Little Mammoth video, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Little Mammoth Media®. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Little Mammoth without express written consent. You may not use any meta tags or any other “hidden text” utilizing Little Mammoth’s name or trademarks without the express written consent of Little Mammoth Media®. You may not misuse Little Mammoth Services. You may use Little Mammoth Services only as permitted by law. The licenses granted by Little Mammoth terminate if you do not comply with these Conditions of Use or any Service Terms. YOUR ACCOUNT You may need your own Little Mammoth account to use certain Little Mammoth Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Little Mammoth does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Little Mammoth Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Little Mammoth Household. Little Mammoth reserves the right to refuse service, terminate accounts, terminate your rights to use Little Mammoth Services, remove or edit content, or cancel orders in its sole discretion.
RISK OF LOSS
All purchases of physical items from Little Mammoth are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Little Mammoth attempts to be as accurate as possible. However, Little Mammoth does not warrant those product descriptions or other content of any Little Mammoth Service is accurate, complete, reliable, current, or error-free.
Parties other than Little Mammoth operate stores, provide services or software, or sell product lines through the Little Mammoth Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Little Mammoth. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Little Mammoth does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE LITTLE MAMMOTH SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LITTLE MAMMOTH SERVICES ARE PROVIDED BY LITTLE MAMMOTH MEDIA® ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LITTLE MAMMOTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LITTLE MAMMOTH SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LITTLE MAMMOTH SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LITTLE MAMMOTH SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, LITTLE MAMMOTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LITTLE MAMMOTH DOES NOT WARRANT THAT THE LITTLE MAMMOTH SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LITTLE MAMMOTH WEB SIT, LITTLE MAMMOTH’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM LITTLE MAMMOTH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, LITTLE MAMMOTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY LITTLE MAMMOTH SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY LITTLE MAMMOTH SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Little Mammoth Service, or to any products or services sold or distributed by Little Mammoth or through Little Mammoth will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
By using any Little Mammoth Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Georgia, without regard to principles of conflict of laws will govern these Conditions of Use and any dispute of any sort that might arise between you and Little Mammoth Media®.