Tiny Hills, Inc. DBA Little Hills
Terms of Use Agreement
Version 2
Effective Date: January 24, 2019
Last Updated Date: January 24, 2019
Please read this terms of use agreement (the “Terms of Use”) carefully. This website and any other websites of Tiny Hills, Inc. dba Little Hills (“Little Hills”), its affiliates or agents (collectively, the “Website”) and the information on it are controlled by Little Hills. These terms of use govern the use of the Website and apply to all internet users visiting the Website by access or using the Website in any way, (“Users”) including using the services and resources available or enabled via the website (each a “Service” and collectively, the “Services”). By completing the volunteer application process, you represent that (1) you have read, understand, and agree to be bound by the terms of use, (2) you are of legal age to form a binding contract with Little Hills, and (3) you have the authority to enter into the terms of use personally or on behalf of the entity you have named as the user, and to bind that entity to the Terms of Use. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you registered on the Website. If you do not agree to be bound by the terms of use, you may not access or use this Website or the Services.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement”.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY LITTLE HILLS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Little Hills will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms of Use If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.
1. Use of the Services and Little Hills Properties. Little Hills has developed an online platform through which users can volunteer for social causes (“Programs”) in which Little Hills participates (“Little Hills Platform””). The Website, the Services, and the information and content available on the Website and in the Services (as these terms are defined herein) (collectively, the “Little Hills Properties”) are protected by copyright laws throughout the world. Subject to the Agreement, Little Hills grants you a limited license to reproduce portions of Little Hills Properties for the sole purpose of using the Services for your personal or educational purposes. Unless otherwise specified by Little Hills in a separate license, your right to use any Little Hills Properties is subject to the Agreement.
1.1 Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Little Hills Properties or any portion of Little Hills Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Little Hills Properties (including images, text, page layout or form) of Little Hills; (c) you shall not use any metatags or other “hidden text” using Little Hills’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Little Hills Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Little Hills Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Little Hills Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Little Hills Properties. Any future release, update or other addition to Little Hills Properties shall be subject to the Agreement. Little Hills, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of Little Hills Properties terminates the licenses granted by Little Hills pursuant to the Agreement.
1.2 Third-Party Materials. As a part of Little Hills Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Little Hills to monitor such materials and that you access these materials at your own risk.
2.1 Types of Content. You acknowledge that all files, materials, data, text, audio, video, images or other content, including Little Hills Properties (“Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not Little Hills, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) on Little Hills Properties (“Your Content”), and through testimonials or feedback provided to Little Hills (“Your Public Content”) and that you and other Users of Little Hills Properties, and not Little Hills, are similarly responsible for all Content they Make Available through Little Hills Properties (“User Content”).
3 Ownership.
3.1 Little Hills Properties. Except with respect to Your Public Content, and User Content, you agree that Little Hills and its suppliers own all rights, title and interest in Little Hills Properties (including but not limited to, any computer code). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services or Little Hills Properties. For the avoidance of doubt, all course content developed and posted on the Website shall be solely and exclusively owned by the Little Hills.
3.2 Trademarks.
, and other related graphics, logos, service marks and trade names used on or in connection with Little Hills Properties or in connection with the Services are the trademarks of Little Hills and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Little Hills Properties are the property of their respective owners.
3.3 Other Content. Except with respect to Your Public Content, you agree that you have no right or title in or to any Content that appears on or in Little Hills Properties.
3.4 Your Public Content. Little Hills does not claim ownership of Your Public Content. However, when you as a User post or publish Your Public Content on or in Little Hills Properties, you represent that you own and/or have a right (including any moral rights) to use, the intellectual property right that may exist in Your Public Content.
3.5 License to Your Public Content. Subject to any applicable account settings that you select, you grant Little Hills a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Public Content (in whole or in part) for the purposes of operating and providing Little Hills Properties to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Public Content that you submit to any “public” area of Little Hills Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Public Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Little Hills, are responsible for all of Your Public Content that you Make Available on or in Little Hills Properties.
3.6 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Little Hills through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Little Hills has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Little Hills a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Little Hills Properties.
4. User Conduct. As a condition of your use of the Little Hills Properties, you agree not to use Little Hills Properties for any purpose that is prohibited by the Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through Little Hills Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Little Hills’s prior written consent; (v) impersonates any person or entity, including any employee or representative of Little Hills or Little Hills’s customers; (vi) interferes with or attempt to interfere with the proper functioning of Little Hills Properties or uses Little Hills Properties in any way not expressly permitted by the Agreement; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Little Hills Properties, including but not limited to violating or attempting to violate any security features of Little Hills Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Little Hills Properties, introducing viruses, worms, or similar harmful code into Little Hills Properties, or interfering or attempting to interfere with use of Little Hills Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Little Hills Properties.
5. Donations.
Little Hills Properties may permit you to make a donation to a cause that is important to you. You may donate directly to us using PayPal, our payment processor (“Payment Processor”). You may also be able to make donations by making purchases through Amazon Smile (see the link on our Donate Now page). Amazon will donate a percentage of your purchases to Little Hills. Little Hills is not responsible for and does not control the fund collection process through the Amazon website. In addition, it is possible that PayPal and any other donation service (collectively, “Donation Partners”) we may use in the future may collect a small service charge from each contribution. Please read the terms of our Donation Partners and Payment Processors carefully before making a contribution or donating through the Little Hills Properties. If you would like to get further information on how donations work, please contact us.
6. Third-Party Services.
6.1 Third-Party Websites, Applications. Little Hills Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left Little Hills Properties and are subject to the Agreement and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Little Hills. Little Hills is not responsible for any Third-Party Websites or Third-Party Applications. Little Hills provides these Third-Party Websites or Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites or Third-Party Applications at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7. Disclaimer of Warranties and Conditions.
7.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF LITTLE HILLS PROPERTIES IS AT YOUR SOLE RISK, AND LITTLE HILLS PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. LITTLE HILLS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
(a) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LITTLE HILLS OR THROUGH LITTLE HILLS PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. LITTLE HILLS MAKES NO GUARANTEES THAT YOUR APPLICATION FOR VOLUNTEERING IN PROGRAMS WILL BE ACCEPTED BY A PARTICIPATING GOVERNMENT OR ENTITY; THAT ANY PROGRAM WILL NOT BE ABANDONED, TERMINATED OR SUSPENDED AT ANY TIME; OR THAT THE OUTCOMES OF ANY PROGRAM WILL BE SUCCESSFUL OR IMPACTFUL.
7.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT LITTLE HILLS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD LITTLE HILLS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
8. Limitation of Liability.
8.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LITTLE HILLS PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LITTLE HILLS PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, WHETHER OR NOT LITTLE HILLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF LITTLE HILLS PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A LITTLE HILLS PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A LITTLE HILLS PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A LITTLE HILLS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
8.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL LITTLE HILLS PARTIES BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50) AS A RESULT OF YOUR USE OF LITTLE HILLS PROPERTIES, INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION IN ANY PROGRAMS CONDUCTED OR ORGANIZED BY LITTLE HILLS.
8.3 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LITTLE HILLS AND YOU.
9. Procedure for Making Claims of Copyright Infringement. It is Little Hills’s policy to terminate volunteering privileges of any User who repeatedly infringes copyright upon prompt notification to Little Hills by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Little Hills Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Little Hills Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Little Hills’s Copyright Agent for notice of claims of copyright infringement is as follows: Copyright Agent, Tiny Hills, Inc. DBA Little Hills, legal@littlehills.org.
10. International Users. Little Hills Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Little Hills intends to announce such Services or Content in your country. Little Hills Properties are controlled and offered by Little Hills from its facilities in the United States of America. Little Hills makes no representations that Little Hills Properties are appropriate or available for use in other locations. Those who access or use Little Hills Properties from other countries do so at their own volition and are responsible for compliance with local law.
11. General Provisions.
11.1 Electronic Communications. The communications between you and Little Hills use electronic means, whether you visit Little Hills Properties or send Little Hills e-mails, or whether Little Hills posts notices on Little Hills Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Little Hills in an electronic form; and (2) agree that all Agreement and conditions, agreements, notices, disclosures, and other communications that Little Hills provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
11.2 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Little Hills’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
11.3 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Little Hills Properties, please contact us at: Tiny Hills, Inc. DBA Little Hills, Attn: Questions, Complaints & Claims, at legal@littlehills.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
11.4 Exclusive Venue. Both you and Little Hills agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in California.
11.5 Governing Law THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE AGREEMENT.
11.6 Notice. Where Little Hills requires that you provide an e-mail address, you are responsible for providing Little Hills with your most current e-mail address. In the event that the last e-mail address you provided to Little Hills is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Little Hills’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Little Hills at the following address: Tiny Hills, Inc. DBA Little Hills, Attn: Legal at legal@littlehills.org. Such notice shall be deemed given when received by Little Hills by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
11.7 Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
11.8 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
11.9 Export Control. You may not use, export, import, or transfer Little Hills Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Little Hills Properties, and any other applicable laws. In particular, but without limitation, Little Hills Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Little Hills Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Little Hills Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Little Hills are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Little Hills products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
11.10 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
11.11 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
End of Agreement