Terms of Use

1. Description of Service, Acceptance of Terms, Modification Little Albums provides users the website located at www.littlealbums.com; it is a platform for posting, and uploading User Content and other features, functions, or services on the Site (collectively, the “service”). The service may include web hosting for storing User Content, the creation of personalized User web pages, and the cataloging and indexing of User Content. To become a member, you must provide Little Albums with certain personal information to create an account.
This Agreement outlines the legal binding terms between you and Little Albums. This Agreement applies to all Users of the Site or Service, including contributors of any content and other materials or services on the Site. If you choose to use the Site or Service, you are agreeing to abide by all of the terms and conditions of this Terms of Service agreement (the “Agreement”). Little Albums may change, add or remove portions of this Agreement at any time; it will post such changes here in The Terms of Service.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
Little Albums may change, suspend, or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Little Albums may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Unless explicitly stated otherwise, any new features that alter or enhance the current Service, including the release of new Little Albums properties, shall be subject to this Agreement.
Little Albums currently makes the Service available for free; it is our desire to continue this practice indefinitely. However, Little Albums reserves the right to change/amend or update this policy at any time. If a change to service rates occurs, you will be notified via email and on the Home page at www.littlealbums.com. You will be given 30 days continued access to your personal information before being required to pay the new fee. You do not have to pay any fee at any time, but if you opt out you will lose access to the site and its services.

2. Privacy Your privacy is very important to Little Albums. Please review our Privacy Policy, which also governs your use of Little Albums.

3. Intellectual Property Little Albums is the owner of all intellectual property rights, including all copyrights, patents, trademarks associated with the Site and the Service, including all associated software, logos, text, and graphics, but excluding User Content. You agree not to display or use any Little Albums intellectual property without Little Albums&sdquo; express written permission.

4. Permission and Site Access Little Albums grants you a limited permission to access and use Little Albums and its services. You agree not to download or modify any portion of the Site except with express written consent of Little Albums. This permission does not include any resale or commercial use of the Site, the Service, or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Little Albums is for the personal use of Users only and may not be used in connection with any commercial endeavors. Certain User Pages on the Site may be password protected and/or accessible only by the user and invited guests of such Users. Illegal and/or unauthorized use of any aspect of the Site or Service, including unauthorized access to User Pages, collecting usernames, passwords, email addresses, or using or copying User Content of other Users by electronic or other means for any purpose will be investigated. Advertisements, affiliate links, and other forms of solicitation may be removed from posts or accounts without notice and may result in termination of membership privileges. Little Albums will take legal action for any illegal or unauthorized use of the Site or the Service. The Site, Service, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Little Albums. You may not frame or enclose any trademark, logo, or other proprietary information (including images, content, text, page layout, or form) of Little Albums and our affiliates or other Users without express written consent. You may not use any Meta tags or any other “hidden text” utilizing Little Albums’ name or trademarks without the express written consent of Little Albums. Any unauthorized use terminates the permission granted by Little Albums. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Little Albums so long as the link does not portray Little Albums, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Little Albums logo or other proprietary graphic or trademark as part of the link without express written permission.

5. Account, Password, Security

  1. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You are also responsible for establishing, monitoring and maintaining any access restrictions to any User Pages containing User Content uploaded by you to which you want to restrict access, including keeping secret any password or other information designed to restrict such access and/or inviting and managing only those guests you want to visit your User Pages.
    Although Little Albums will take reasonable measures to restrict access to User Pages, please recognize that no online security system is perfect. Please use caution in posting personal information, particularly related to children. Do not post any information that would allow someone to directly contact a child. You agree to:
    1. immediately notify Little Albums of any unauthorized use of your password or account, unauthorized access to your User Pages, or any other breach of security, and
    2. ensure that you exit from your account at the end of each session. Little Albums cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.
  2. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form and maintain and update this information as required. If Little Albums has reasonable grounds to suspect that you have not, Little Albums has the right to suspend or terminate your account and refuse any and all current or future use of the Site.

6. Uploaded Content, Reviews, Comments, Etc. Please choose carefully the information you elect to share with Little Albums, including: words, content, messages, files, images, photos, profiles, works of authorship, or any other materials you post, upload, publish, or display on the Site or through the Service. You are responsible for all your User Content.
Unless specifically asked by Little Albums in the registration process, do not post the following items to the Site: telephone numbers, street addresses, or Social Security Numbers. Any photographs or images posted by you may not contain obscene, lewd, violent, harassing, sexually suggestive or explicit, or otherwise objectionable subject matter or material.
User Content shall not be illegal, obscene, threatening, defamatory, an invasion of privacy, infringe on intellectual property rights, or be otherwise injurious to third parties, or objectionable, and shall not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You may not use a false email address, impersonate any person or entity. Little Albums has the right, but not the obligation, to remove or edit User Content, but does not regularly review User Content. Little Albums takes no responsibility and assumes no liability for any User Content. Little Albums reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Site or Service and terminating the membership of such violators
Little Albums reserves the right to reject, refuse to post, or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Site and/or the Service at any time, for any or no reason, with or without prior notice, and without liability.
You retain all of your ownership rights in your User Content. However, by submitting the User Content to Little Albums, you hereby grant Little Albums a worldwide, non-exclusive, royalty-free, sublicense and transferable license to use, reproduce, distribute, syndicate, modify, display, and perform the User Content in connection with the Site and the Service, including without limitation for promoting part or all of the Site or Service (and derivative works thereof) in any media formats and through any media channels. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and Little Albums’ use thereof.

7. Conduct

  1. You agree to abide by the terms of this Agreement, and to not use the Service to:
    1. interfere or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    2. collect or store personal data about other Users; or
    3. harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.
  2. Without limiting other remedies, Little Albums and its affiliates may immediately warn Users of your actions, temporarily suspend or terminate your membership and refuse to provide the Service to you if:
    1. you breach this Agreement or the documents it incorporates by reference;
    2. we are unable to verify any information you provide to us; or
    3. we believe that your actions may cause financial loss or legal liability for you, us, or our Users. Your membership will be terminated and you will be denied access to the Service if you breach this Agreement or any other agreement between you and Little Albums in any way

8. Use & Storage You acknowledge that Little Albums may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that User Content will be retained by or made available through the Service, the maximum disk or storage space that will be allotted on Little Albums’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Little Albums has no responsibility or liability for the blocking, deletion, or failure to store any User Content maintained or transmitted by the Service. You acknowledge that Little Albums reserves the right to cancel accounts that are inactive for an extended period of time. You further acknowledge that Little Albums reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

9. Third-Party Content, Links and Syndication Little Albums is not responsible for any User Content, third-party content, syndicated content, applications, services, advertisements, and/or links that may be contained in the Site or the Service. The Site may contain links to third party websites that are not owned or controlled by Little Albums. Little Albums has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Little Albums will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Little Albums from any and all liability arising from your use of any third-party website. Any correspondence, business dealings with, syndication, linking or participation in promotions of third parties found on or through the Site, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. Little Albums has no control over third-party websites or resources, and as such, you acknowledge and agree that Little Albums is not responsible for their availability, reliability, or functionality, and does not endorse and is not responsible or liable for any third-party content, applications, services, advertising, products, or other materials on or available from such websites or resources. Little Albums shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content or User Content on the Site or as a result of the failure of such third-party services, applications, or content to function as intended.

10. Termination You may terminate this Agreement at any time by canceling your registration. Little Albums may terminate this Agreement at any time for any reason upon notice to you by email.

11. Representations & Warranties

  1. You represent and warrant that you have the full authority to act on your behalf and on behalf of any and all owners of any right, title and interest in and to any User Content you post, submit, transfer or link to.
  2. You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein. You affirm that you are over the age of 13. If you are under 13 years of age, then please do not use the Site or Service. Your membership or access to the Site and Service may be deleted or blocked without warning if it is found that you are misrepresenting your age. Your membership is solely for your personal use, and you shall not authorize others to use your account.
  3. You represent and warrant that you are solely responsible for all User Content posted, uploaded, published, or displayed through your User account. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm that:
    1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize Little Albums to use all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Service; and
    2. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Service.
  4. You represent and warrant that you shall not act in any manner that conflict with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.
  5. You represent and warrant that you shall perform in compliance with any applicable laws, rules, and regulations of any governmental authority.
  6. You represent and warrant that you will not use the Service to upload, post, link to, email, transmit, or otherwise make available any material that 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 any telecommunications equipment.

12. Disclaimer YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LITTLE ALBUMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LITTLE ALBUMS MAKES NO WARRANTY THAT:

  1. THE SERVICE WILL MEET YOUR REQUIREMENTS,
  2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
  3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
  4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LITTLE ALBUMS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

13. Indemnification, Limited Liability

  1. You hereby indemnify and hold harmless, upon Little Albums’ request, defend, Little Albums and its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on:
    1. a breach of any warranty, representation, covenant, or obligation of yours under this Agreement; or
    2. any allegation that any User Content provided, uploaded, or authorized by or on behalf of you hereunder or Little Albums’ or any User’s use thereof violates or infringes the rights of another party. You will reimburse Little Albums and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 14, provided that Little Albums obtains your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed, or conditioned. Little Albums shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Little Albums’ request. Little Albums shall have the right, at its expense, to participate in the defense thereof under your direction.
  2. EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION IN SECTION 14(a), AND EXCEPT FOR A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES IN SECTION 12, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LITTLE ALBUMS&sdquo;S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO LITTLE ALBUMS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

14. Applicable Law This Agreement and the relationship between you and Little Albums shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and Little Albums agree to submit to the personal and exclusive jurisdiction of the courts located within the State and County of Spotsylvania.

15. Notice Little Albums will provide notices of changes to this Agreement or the Privacy Policy by displaying notices or links to notices to you generally on the Service.

16. General

  1. This Agreement, along with the Privacy Policy and any additional terms, rules, or regulations posted on the Service, constitute the entire agreement between you and Little Albums and govern your use of the service, superseding any prior agreements between you and Little Albums. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
  2. The failure of Little Albums to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
  3. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  4. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  5. The section titles in this Agreement are for convenience only and have no legal or contractual effect.