Terms and Conditions LITTLE EGG’S TERMS AND CONDITIONS Article 1 – Acceptance of the Website Terms and Conditions of Use 1.1 These website terms and conditions of use for Little Egg, constitute a legal agreement and are entered into by and between you and Little Egg [inc,ltd,corp] (“Little Egg” “Company,” “we,” “us,” “our“). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions,” “Terms”), govern your access to and use, including any content, functionality, and services offered on or through https://www.little-egg.com (the “Website“). 1.2 When we refer to “Parent/Guardian”, we are referring to the parent or guardian of a child who enrolls in the Subscription (as defined herein) and creates the Little Egg page for their child. All financial gifts made through the Website occur from Users to a parent or guardian’s PayPal account. For greater clarity, a Parent/Guardian has the following abilities: (a) full visibility of the Little Egg pages that they create for their child; (b) control over the Personal Information (as defined in the Privacy Policy) displayed on the pages, except for the name of the child and the sender details of the financial gift. A Parent/Guardian is the only User that can see the total gift dollar amount and the value of each financial gift; (c) control over which Users can access the page the Parent/Guardian created for their child; (d) at any time, the ability to export all of the contents of any of the pages that the Parent/Guardian create for their child; (e) full ability to send financial gifts to a PayPal account owned by the parent or guardian; (f) full ability to contribute messages, photos, and videos to the page they create for their child; and, (g) all of the abilities included in a Families & Friends account. 1.3 When we refer to “Families & Friends”, we are referring to a person who enrolls in a Subscription for a Families & Friends account. For greater clarity, Families & Friends have the following abilities: (a) to give financial gifts to the Parent/Guardian via the child’s page and view Users posts on a child’s page created by their Parent/Guardian. (b) to contribute messages, photos, and videos to the child’s pages. 1.4 When we refer to “Guests,”, we are referring to individuals who do not have an account, but are sent a guest link to the page that a Parent/Guardian creates for their child. Guests may give financial gifts to the Parent/Guardian and contribute messages, photos, and videos to the child’s pages. Guests do not require an account and do not need to enroll in a Subscription. 1.5 When we refer to “you,” “your,” or “Users,” we are referring to all users of the Website, including a Parent/Guardian, Families & Friends, and Guests. 1.6 BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT [INSERT LINK], INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE. 1.7 By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. If you do not meet all of these requirements, you must not access or use the Website. Article 2 – Modifications to the Terms and Conditions and to the Website 2.1 We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. 2.2 The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period. Article 3 – Your Use of the Website and Account Set-Up and Security 3.1 The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 3.2 The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a User’s internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require User registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. 3.3 Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat functions, e-mail, message boards, personal, or profiles (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at [INSERT LINK TO PRIVACY POLICY]. 3.4 Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. 3.5 We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions. 3.6 You are prohibited from attempting to circumvent and from violating the security of the Services, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to Administrators, Participants, the Company, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Little Egg’s ability to monitor the Services; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website. 3.7 Pursuant to section 312.5 of the Children’s Online Privacy Protection Rule, 15 USC 6501-6508, verifiable parental consent that satisfies the requirements set forth in the statute is expressly obtained when a parent or guardian uses an online payment system to enroll in the Parent/Guardian account. Article 4 – Payment Processing and Financial Gifts 4.1 Little Egg is intended to be flexible and versatile to empower Parents/Guardians to use it in whatever way works best for their family. Our Company utilizes PayPal and Stripe (collectively, “Third-Party Payment Services”) to assist with the functionality of our Website. For your convenience, this Website may provide links to Third-Party Payment Services. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such Third-Party Payment Services. 4.2 To permit the sending and receiving of financial gifts from Users directly to the Parent/Guardian for the child, We utilize links and interfaces from the third-party payment service, PayPal. Users acknowledge that Little Egg does not control and is not responsible for financial gifts made or received through PayPal. Users acknowledge when they are submitting payment directly to the Parent/Guardian via PayPal, Little Egg is not responsible for lost payments, identity theft, fraud or refunds. The PayPal terms and conditions are available at [https://www.paypal.com/ca/webapps/mpp/ua/useragreement-full]. By accepting this agreement with Little Egg, you agree that you have reviewed the PayPal terms and conditions. If you have questions regarding the PayPal terms and conditions, please contact PayPal at [insert link]. 4.3 Users acknowledge and accept that sending and receiving of financial gifts to the child’s pages is sent to and received by a PayPal account created, controlled, and owned by the parent or guardian of the child. Users agree and acknowledge that by using the Website or giving financial gifts, Little Egg, the Website, and the services do not assist in the creation of a trust or other similar arrangement where a person holds the financial gift as its nominal owner for the good or benefit of one or more beneficiaries. All financial gifts received by a Parent/Guardian through the Website shall be collected, received, retained, distributed, allocated, or used by the Parent/Guardian, in their full discretion. Little Egg shall not be responsible for how a Parent/Guardian collects, receives, retains, distributes, allocates, uses or misuses any financial gift. 4.4 When you enroll in a Parent/Guardian Account or Families & Friends Account (“Subscription”), you expressly authorize us (or our Third-Party Payment Services) to charge you for such Subscription. Little Egg collects payments from Users through the third-party payment service, Stripe, to enroll in a Parent/Guardian Account or Families & Friends Account or to facilitate the Subscription. To initiate the Subscription, you authorize us to provide your payment information to Stripe so we can complete your Subscription and charge your payment method for the type of Subscription you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Subscription. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The Stripe Terms of Service are available at Stripe Connected Account Agreement – Canada | Stripe | Canada. By accepting this agreement with Little Egg, you agree that you have reviewed the Stripe Terms of Service. If you have questions regarding the Stripe Terms of Service, please contact Stripe at https://stripe.com/contact. 4.5 Any use of Third-Party Payment Services will be subject to the terms and conditions, fees, and privacy policies of such Third-Party Payment Services and are used at your own risk. Article 5 – Termination 5.1 For the Subscription, the term of the Subscription will continue until: (i) the Subscription is cancelled, (ii) Users terminates its account with Little Egg; or (iii) until this agreement is otherwise terminated, whichever is earlier. 5.2 Little Egg may terminate the agreement between the Parties with immediate effect at any time and without reason. 5.3 Upon request from the respective User, Little Egg is entitled to delete or destroy all copies of user data, unless agreed to otherwise in writing. Article 6 – Intellectual Property Rights and Ownership 6.1 Users acknowledge and agree that the Website may contain content (“Website Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Little Egg, Users agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Website Content, in whole or in part, except that the foregoing does not apply to your own content, including messages, photos, and videos to the child’s pages that you legally upload to the Website. In connection with your use of the Website you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Users agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Website. Any use of the Website or the Website Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Little Egg. 6.2 The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are, registered or unregistered, trademarks of the Company or its affiliates or licensors (collectively, the “Little Egg Trademarks”). Nothing in this Terms and Conditions should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Little Egg Trademarks displayed on the Website, without our prior written permission in each instance. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. All goodwill generated from the use of the Little Egg Trademarks will inure to our exclusive benefit. 6.3 As between the Users and Little Egg, Users acknowledge that you own or are licensed to use your User Content. For purposes of these Terms and Conditions, “User Content” means text, graphics, designs, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Website via the Parent/Guardian Account to the child’s pages. Little Egg shall not acquire any intellectual property ownership in the User Content that you make available through the Website including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded on the Website. Little Egg is not responsible or liable for the User Content and the consequences of uploading the User Content and for sharing the User Content by granting access to the Website. Little Egg does not endorse the User Content or any advice, suggestion or opinion expressed in the User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. 6.4 Little Egg will have the right, but not the obligation, in their sole discretion to refuse or remove any User Content that is created, posted, made available, linked to, or uploaded via the Website. However, you acknowledge that Little Egg does not pre-screen User Content on the Website. Without limiting the foregoing, Little Egg will have the right to remove any content that violates these Terms and Conditions or is deemed to be objectionable by Little Egg, in its sole discretion. 6.5 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website (“Submissions”), provided by you to Little Egg are non-confidential and Little Egg will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that Little Egg may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Little Egg, its users and the public. You understand that the technical processing and transmission of the Website, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Article 7 – Licence Grant 7.1 Subject to these Terms and Conditions, Little Egg grants a Parent/Guardian a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and use the functionality of the Website to: (i) build, host or manage their children’s pages; (ii) view posts on a child’s page; (iii) contribute User Content to the child’s pages; (iv) contribute financial gifts to the Parent/Guardian’s PayPal Account. 7.2 Subject to these Terms and Conditions, Little Egg grants Families & Friends a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and use the functionality of the Website to: (i) view posts on a child’s page; (ii) contribute User Content to the child’s pages; (iii) contribute financial gifts to the Parent/Guardian’s PayPal Account. 7.3 Subject to these Terms and Conditions, Little Egg grants Guests a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and use the functionality of the Website to: (i) contribute User Content to the child’s pages; (ii) contribute financial gifts to the Parent/Guardian’s PayPal Account. 7.4 Except as explicitly permitted in these Terms and Conditions, Users may not, directly or indirectly: (i) modify or create derivative works of the Website; (ii) decompile, reverse engineer, or translate any portion of the Website into human-readable form (except to the extent expressly allowed by applicable law); (iii) rent, lease, share, distribute, or sell the Website to any third party; (iv) remove, alter or deface proprietary notices or marks in the Website; (v) disclose the results of testing or benchmarking of the Website; (vi) circumvent or disable the Website’s security, copyright protection, or license management mechanisms, (vii) interfere with the Website’s operation; (viii) use the Website to violate the law or the rights of any third party; or (ix) attempt to do any of the foregoing. Little Egg may take any actions it deems reasonable, including denying access to Users, removing User Content, or terminating your Subscription for any breach of this Article 7. 7.5 By uploading any User Content, Users hereby grant and will grant Little Egg a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content solely in connection with the operation of the Website, in any form, medium or technology now known or later developed. Further, by creating User Content through use of the Website, you grant and will grant Little Egg a worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Content for the sole purpose of enabling Little Egg to provide you with access to the Website. 7.6 By submitting any User Content to the Services, Users responsible for submissions grant Little Egg and a Parent/Guardian and Families & Friends, the right to a world-wide, royalty free, perpetual, non-revocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Content for any purpose to incorporate such material into any form, medium or technology throughout the world without compensation to the Users. Users further waive any moral rights or other rights of authorship as a condition of submitting any User Content. Copyright Complaints 7.7 Little Egg respects the intellectual property of others, so if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Little Egg of your infringement claim. A notification of claimed copyright infringement should be emailed to Little Egg at hello@little-egg.com. Article 8 – Conditions of Use and User Submissions and Site Content Standards 8.1 As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions. 8.2 The following content standards apply to all User Content that a User submits, posts, publishes, displays, or transmits (collectively, “submit“) to the Website to other Users through all Interactive Functions. All User Content must comply with all applicable federal, provincial, local, and international laws, regulations, and Terms and Conditions. 8.3 Without limiting the foregoing, you warrant and agree that your use of the Website and any User Content shall not: (a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at [INSERT AS LINK TO PRIVACY POLICY]; (b) In any manner violate the terms of service of any third-party website that is linked to the Website, including but not limited to, any third-party social media website; (c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Little Egg’s sole discretion; (d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code; (e) Involve, provide, or contribute any false, inaccurate, or misleading information; (f) Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms and Conditions; (g) Impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing); (h) Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation; (i) Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Little Egg or Users of the Website or expose them to liability; (j) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person; (k) Promote any illegal activity, or advocate, promote, or assist any unlawful act; (l) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case; (m) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (n) create more than one account as a Guest; (o) use machine-generated user identities; (p) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (q) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website. Article 9 – Site Monitoring and Enforcement, Suspension, and Termination 9.1 Company has the right, without provision of notice to: Remove or refuse to post on the Website any User Content for any or no reason in our sole discretion;At all times, take such actions with respect to any User Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website and User Content or Terms and Conditions;Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website;Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions; 9.2 YOU WAIVE AND HOLD HARMLESS THE COMPANY AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES; 9.3 We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that Users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party, subject to applicable laws; Article 10 – No Reliance 10.1 The content on in our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Website. 10.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, or successors has any responsibility or liability whatsoever for your use of the Website. 10.3 The Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, or successors has any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials. Article 11 – Privacy 11.1 By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any user submissions in compliance with our Privacy Policy, found at [INSERT LINK TO PRIVACY POLICY], as we deem necessary for use of the Website. 11.2 By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see [INSERT LINK TO PRIVACY POLICY]. Article 12 – Third-Party Websites 12.1 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with this Terms and Conditions. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. Article 13 – Geographic Restrictions 13.1 The owner of the Services is based in British Columbia, Canada. We provide the Website for use by persons located worldwide. The Services are not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction. Article 14 – Disclaimer of Warranties 14.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 14.2 NEITHER THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 14.3 WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 14.4 ALL CHILDREN’S PAGES MUST BE CREATED BY A PARENT/GUARDIAN. ACCESS AND USE OF THE WEBSITE BY A MINOR MUST BE APPROVED AND MONITORED BY A PARENT/GUARDIAN AT ALL TIMES. USERS WHO SEND FINANCIAL GIFTS THROUGH THE WEBSITE ARE SENDING SUCH FINANCIAL GIFTS TO AN ACCOUNT CREATED, CONTROLLED, AND OWNED BY THE PARENT/GUARDIAN OF THE CHILD. USERS WHO SEND FINANCIAL GIFTS TO THE PARENT/GUARDIAN OF THE CHILD ARE SENDING FINANCIAL GIFTS DIRECTLY TO THE CHILD. LITTLE EGG, THROUGH THE WEBSITE, DOES NOT CREATE OR FACILITATE THE CREATION OF A TRUST OR OTHER LEGAL ARRANGEMENT WHERE THE PARENT/GUARDIAN HOLDS THE FINANCIAL GIFT AS ITS NOMINAL OWNER FOR THE GOOD OR BENEFIT OF ONE OR MORE BENEFICIARIES. ALL FINANCIAL GIFTS RECEIVED BY A PARENT/GUARDIAN, THROUGH THE WEBSITE, WILL BE RECEIVED, COLLECTED, RETAINED, DISTRIBUTED, ALLOCATED, OR USED BY THE PARENT/GUARDIAN, IN THEIR FULL DISCRETION. Article 15 – Limitation on Liability 15.1 EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, USER CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. Article 16 – Indemnification 16.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions of the Website, including, but not limited to, your User Content, use of Third-Party Payment Services and their terms and conditions, any use of the Website content, our services, other than as expressly authorized in these Terms and Conditions. Article 17 – Governing Law and Choice of Forum 17.1 The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule of any other jurisdiction and notwithstanding your domicile, residence, or physical location. 17.2 Any action or proceeding arising out of or relating to the Website and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. Article 18 – Waiver 18.1 Except as otherwise set forth in this Terms and Conditions, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. Article 19 – Severability 19.1 If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. Article 20 – Entire Agreement 20.1 The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Little Egg regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. Article 21 – Reporting and Contact This website is operated by Little Egg Gifts Inc. Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at hello@little-egg.com. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to hello@little-egg.com. DATE:
