Description and Use of Our Service
This Site allow users to research, review, purchase, and/or order various educational, entertainment and other products featured on the Site (collectively, "Products"), including, but not limited to, books, magazines, gifts, stationary, art and craft materials, and other paper goods, movies, audio CDs, VCDs, DVDs, audio books, eBooks or software. The Site also allow users to create and share "Wish Lists", "Book Recommendation Lists", upload and download content (including reviews and other user generated content), and access various third-party websites offering a wide variety of products and services. The services, features and products that Little Monkey and Mouse offers to users on the Site may be referred to herein collectively as the "Services". Unless explicitly stated otherwise, any new features or offerings on the Sites in the future that are added to or that augment or enhance the Services shall be considered part of the Services and subject to the Terms.
You do not have to register in order to visit the Site. To access certain features of the Service, though, including creating "Wish Lists", creating "Book Recommendation Lists", ordering books for bulk ship to school (Online book Fair), posting book reviews, you will need to register with Little Monkey and Mouse and create a "Member" account. Your account gives you access to the services and functionality that you may establish and maintain from time to time and in our sole discretion.
When creating your account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to Little Monkey and Mouse that is false, inaccurate, outdated or incomplete, or Borders has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Little Monkey and Mouse has the right to suspend or terminate your account and to prohibit any and all current or future use of the Services (or any portion thereof) by you.
You may never use another Member's account without permission. You are solely responsible for the activity that occurs on your account, and you may keep your account password secure. You must notify Little Monkey and Mouse immediately of any breach of security or unauthorized use of your account. Although Little Monkey and Mouse will not be liable for your losses caused by any authorized use of your account, you shall be liable for the losses of Little Monkey and Mouse or others due to such unauthorized use.
Little Monkey and Mouse reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of LittleMonkeyandMouse.com for any reason, including without limitation for extended periods of inactivity. If you choose to register on the Site, or if you otherwise provide information on the Site.
Use of Materials
This site is owned and operated by Little Monkey and Mouse. All materials on the Little Monkey and Mouse websites, including (without limitation) names, logos, graphics, text, pictures, illustrations, designs, icons, photographs, video clips, audio and written and other materials that appear as part of this Site, but not limited to, its software or HTML code, scripts, text and other files (collectively, the "Contents") are protected by copyright laws and other U.S. and international laws and treaties. The Contents are owned by Little Monkey and Mouse and/or its suppliers or licensors, all rights reserved. The Contents of our site, and the Site as a whole, are provided by Little Monkey and Mouse as a service to its current and prospective customers and may be used only for product ordering purposes and only if you also preserve all copyright and other proprietary notices contained on the Contents. No material on this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Little Monkey and Mouse copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.
In the event you download software or ebook/pdf products from the site, the software or ebook/pdf products including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by Little Monkey and Mouse or on behalf of Little Monkey and Mouse as the distributor/agent of the software from its software owner/company. Little Monkey and Mouse does not transfer title to the Software to you. As between you and Little Monkey and Mouse, Little Monkey and Mouse retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
You hereby grant Little Monkey and Mouse and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on this site, including without limitation via message boards, chat rooms and/or blogs or any other features on this site, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.
Little Monkey and Mouse logos, product and service names (such as "LMM Online Book Fair", "LMM Birthday Book Program") are trademarks of Little Monkey and Mouse. All other logos and trademarks appearing on the website are trademarks of their respective owners, and (unless expressly made) our reference to them does not imply or indicate any approval or endorsement by their owners.
User Comments, Review, Feedback, and other Submissions
We welcome your feedback on the Site. All comments, reviews, ratings, feedback, information, suggestions, ideas, concepts, know-how, techniques and other submissions disclosed, submitted or offered to Little Monkey and Mouse on or by this Site or otherwise disclosed (collectively, “Submissions”), and including, but not limited to, “Wish List” pages, bulletin boards, chat rooms, surveys or blog comments, you agree and warrant that any such Submissions are original with you and are accurate and current. You agree and warrant that you will not submit any Submission that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, indecent or otherwise objectionable. You agree and warrant that you will not submit any Submission that is protected by copyright, patent, or other proprietary rights without obtaining permission of the owner of such rights. You are and shall remain solely responsible for the content of any Submissions you make. You agree and warrant that you will not submit any Submission for any commercial purposes, to solicit funds or to promote, advertise, or solicit the sale of any goods or services.
You agree that any Submissions submitted by you to the Site will be deemed non-proprietary and non-confidential, and maybe be used by Little Monkey and Mouse without restriction, and shall be remain Little Monkey and Mouse’s property. Such disclosure, submissions or offer of any Comments shall constitute an assignment to Little Monkey and Mouse of all worldwide rights, title and interests in all copyrights and other intellectual property in the Comments. Little Monkey and Mouse will own exclusively all such rights, titles and interest and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. Little Monkey and Mouse is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay any compensation for any Submissions; or (3) to respond to any user Submissions.
Little Monkey and Mouse reserves the right, in our sole discretion, to edit any Submission, and to choose to include or not to include such Submission in any Venue for any reason. We are not responsible for screening, monitoring or verifying any Submission.
Product Availability & pricing
All products displayed at the Site are available through the Little Monkey and Mouse web site while supplies last. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Little Monkey and Mouse shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Little Monkey and Mouse shall have the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Little Monkey and Mouse shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Product Display and Description
We have made every effect to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your computer monitor, we cannot guarantee that your monitor's display of any color or texture or detail of actual product or design proof will be accurate. Little Monkey and Mouse cannot guarantee that product descriptions or the Content of this Site is accurate, complete, reliable, current or error-free. If you determine that a product offered by Little Monkey and Mouse is not as described, you sole remedy is to return it in an unused condition for a refund. For more information on returns, see shipping and returns.
Links to Other Web Sites and Services
To the extent that this Site contains links to outside services and resources, the availability and content of which Little Monkey and Mouse does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. In addition, certain outside Sites also may provide links to the Little Monkey and Mouse web site. Little Monkey and Mouse makes no representation or warranty that any web site links contain suitable, appropriate materials. Little Monkey and Mouse does not assume any responsibility or liability for the actions, products or content of any other third parties.
Users should be aware that the Internet contains content, goods and services that you may find obscene, improper, hurtful or otherwise offensive and that may not be suitable for certain users of the Website. Because of the nature of the Internet, we cannot control where children may go while using the Website. Parents, guardians or teachers should supervise children when using the Website and the Internet at all times.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LITTLE MONKEY AND MOUSE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM LITTLE MONKEY AND MOUSE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR SOFTWARE YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT . LITTLE MONKEY AND MOUSE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
You agree to defend, indemnify and hold harmless Little Monkey and Mouse and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
The laws of the State of California will govern this Agreement any dispute arising from the terms of this Agreement or breach of this Agreement.
Please contact us with any questions regarding this Agreement.