Accounts are available only to 1) persons of legal age to form a binding contract and who are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions or 2), in their discretion, their minor child over the age of 13. If you are a minor over the age of 13, your parent or guardian must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. Under no circumstances will the Service offered through this Website be available to minors under the age of 13. By registering an account, you represent that you are a person of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions and are either accepting this Agreement on behalf of yourself or your child. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child over the age of 13 to use the Account instead of you (in which case you may not use that Account). You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure Accounts.
Registration and Membership
To obtain an Account, you will be required to choose a user name which must comply with the naming conventions listed below. You are encouraged to use a pseudonym or gibberish, especially if you are a minor. User names shall not: (1) contain names that are associated with Little Orbit, its affiliates or employees; (2) contain swear words or derogatory remarks in any language; (3) infringe on the rights of or defame any living or dead person or entity; (4) contain names of celebrities or media personalities; (5) violate third party’s trademarks, publicity rights or other proprietary rights; (6) be associated with any religion, religious practice or deity; (7) be related to alcohol, illegal substances, sex or any criminal activity; (8) be a partial or complete sentence; (9) contain leet speak; and (10) utilize a misspelling or other tool or method to circumvent the naming restrictions herein.
Upon registration for an Account, you must select a password. You are responsible for the security of your password and should not disclose your password to any third party. We never ask you for your password by telephone, live-chat or email, and you should not disclose it this way if someone asks you to do so. Although we may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that by using this feature third parties may be able to access your computer and thus your Account. Little Orbit is not responsible for any transactions reflected in your Account resulting from your sharing your password or third any party access to your account. You are also required to provide complete and accurate data which may include, without limitation, your name, address, telephone number, billing address, e-mail address and date of birth. If you provide inaccurate information, your Account may be suspended or terminated. If you believe that your password or other account information has been compromised, please contact our customer service.
All content on the Website and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, their selection and arrangement, and your Account (the "Site Content"), are the property of the Little Orbit or its licensors with all rights reserved. Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Little Orbit’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Website. Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Website or the Site Content other than as specifically authorized herein, without the prior written permission of Little Orbit, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Some of the Services offered through the Website will allow you to submit photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Website, or transmit to or share with other users (collectively the "User Content"). You agree that you will not post any User Content that you do not own or otherwise have permission to post. Further your Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, profane, obscene, pornographic or harmful to minors; or (d) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. At our sole discretion, we may take any action with respect to your User Content, including actions to censor your content, if we deem such User Content offensive, including without limitation, User Content that we determine, at our sole discretion, to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit or racially, ethnically or otherwise objectionable, or if we believe such Content may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You acknowledge and agree that you shall not (1) disrupt the natural flow of User Content provided by other users through the use of spamming, scrolling or other disruptive devices, (2) advertise goods or services existing outside of the service provided herein, (3) harass any other user by repeatedly sending unsolicited User Content, (4) divulge any other user's personal information, (5) use any automated device or software that allows unattended communication, (6) cause distress or discomfort or impede the enjoyment of any other user through any use of any chat interface, and (7) use any part of the Website or Service to defraud any other user of items, monetary devices, user names or passwords, or to engage in any illegal activity.
When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. The rights granted under this section with respect to your personal information are limited to displaying your personal information as you have voluntarily entered it on a public forum. This information will not be otherwise used, sold or displayed. You acknowledge that you can prevent Little Orbit from sharing any personal data as part of your User Content by not including any personal data in the User Content and further that Little Orbit does not require or encourage the posting of personal date as part of User Content.
You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Little Orbit does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
The Website as a Portal
Third Party Websites and Content
In addition to connecting to other websites hosted by Little Orbit, the Website contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Website or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States or the country in which you reside.
Availability of Pay Features
There is no fee to register for an Account or to be a Member. As a Member, you will be able to purchase G1 Credits, Little Orbit’s standard currency. G1 Credits can be converted into currency used in any one of the games offered by Little Orbit. The conversion into a currency used by a specific Little Orbit game is non-refundable and you will not be able to subsequently convert that currency back to G1 Credits. We describe our fees and billing procedures for purchasing G1 Credits at www.gamersfirst.com/marketplace , which are incorporated by reference and are subject to change at any time. Little Orbit expressly reserves the right to change the price at which it sells G1 Credits at any time and at its sole discretion. All fees are stated in U.S. Dollars unless otherwise specified. All fees are to be paid to Little Orbit and your failure to pay any fee due hereunder could result in the suspension or termination of your account. Little Orbit cannot give a refund for any unused G1 Credits. You will not be entitled to any refund if your account is suspended or terminated due to your violation of the terms of this Agreement.
Disclosure of Information
While we take every effort to protect your privacy, we cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or law enforcement authorities under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, if we believe it necessary or appropriate to investigate possible problems or inquires we may disclose any information about you including personal information (such as your screen name, actual name, address information, etc.) to law enforcement or other government officials. In order to ensure that we provide that best service to all users, we may also monitor your Account, User Content and other related communications.
In order to provide the best service to you, we may communicate with you via telephone, email and any similar technology for any purpose relating to the Website, Service or your Account and any services or software which may in the future be provided by us or on our behalf.
You may also choose to visit Little Orbit hosted or owned websites, including, www.littleorbit.com if such web sites offer services of interest to you. You are subject to the terms and conditions, privacy customs and policies of Little Orbit while on such web sites and in connection with use of your Account and the Website, which terms and conditions, policies and customs are incorporated herein by this reference. If however, you visit a website not owned or hosted by Little Orbit, you acknowledge that we do not control the web sites and/or privacy policies of third parties, and different rules may apply to their use or disclosure of the personal information you disclose to others.
Your use of the Website and your membership in the Service if any, constitutes your express consent to this section of the Agreement.
THE WEBSITE, THE ACCOUNT, THE SERVICE AND ALL OTHER RELATED SERVICES ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Website, the Service, your Account or continued operation or availability of any given server. Some jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.
We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account. You assume the entire risk as to the results and performance of the Website and the Service in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS IN NO EVENT SHALL WE, OUR LICENSORS, OUR AFFILIATES OR OUR SUPPLIERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE WEBSITE, YOUR ACCOUNT, THE SERVICE, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND-TO THE EXTENT PERMITTED BY APPLICABLE LAW-DAMAGES FOR PERSONAL INJURY, EVEN IF WE, OUR LICENSORS AND EACH OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF Little Orbit, OUR LICENSORS OR ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST Little Orbit, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE Little Orbit AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.
You shall comply with all applicable laws regarding your use of the Software your access to your Account, the Service and the Website.
You agree to indemnify and hold Little Orbit, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, software or User Content you post or share on or through the Website, your use of the Service or the Website, your conduct in connection with the Service or the Website or with other users of the Service or the Website, or any violation of this Agreement or of any law or the rights of any third party.
We may terminate this Agreement (including your Account and right to use the Website) and/or suspend your Account immediately and without notice: (i) if you violate any provision of this Agreement; (ii) infringe any third party intellectual property rights; (iii) if we are unable to verify or authenticate any information you provide to us; or (iv) if you engage in behavior which we, at our sole discretion, determine is inappropriate, offensive and/or infringes upon the use and enjoyment of third-parties of the any of Little Orbit’s services. If we terminate this Agreement or suspend your Account under these circumstances, you will lose access to your Account for the duration of the suspension and/or the balance of any prepaid period without any refund. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Website or Service, in which case we may provide you with a prorated refund of any prepaid amounts.
Resolution of Disputes
In order to expedite and control the cost of disputes, you and Little Orbit agree that any legal or equitable claim relating to this Agreement (referred to as "Claim") will be resolved as follows:
A. Informal Resolution.
- You and Little Orbit agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing. Little Orbit will send its notice to your billing address, with a copy via email to your email address.
B. Formal Resolution - US and International Residents
Agreement to Arbitrate.
If we cannot resolve a Claim informally, we agree that any and all Claims either of us asserts shall be resolved solely through binding arbitration, which to the fullest extent under applicable law shall be final non-appealable. The arbitration will be conducted under the rules of the Judicial Arbitration and Mediation Service ("JAMS") that are in effect at the time the arbitration is initiated, including the rules for the exchange of non-privileged and relevant information, and under the rules set forth in this Agreement. If there is a conflict between JAMS rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. This arbitration will be governed under the JAMS Streamlined arbitration rules in force at the time the arbitration commences. Other fees will be paid in accordance with JAMS rules. The arbitration will be held at a JAMS dispute resolution center in Orange County, California unless you and Little Orbit both agree to another location. Forms and other information on filing such a Claim can be found at www.jamsadr.com.
BY AGREEING TO ARBITRATE AS SET FORTH HEREIN, YOU UNDERSTAND THAT WE ARE BOTH WAIVING OUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You and Little Orbit agree that the type of arbitration in which we both agree to participate is between Little Orbit and you as an individual. YOU AND Little Orbit THAT NEITHER OF US WILL UTILIZE OR ATTEMPT TO UTILIZE CLASS ACTION ARBITRATION PROCEDURES IN ANY ARBITRATION.
a. Formal Resolution - Jurisdiction and Choice of Law
Both parties submit to personal jurisdiction in California and further agree that any Claim shall be exclusively brought in under the JAMS rules in the County of Orange, State of California. Parties agree that the laws of the State of California shall govern the resolution of any Claim arising out of this agreement.
In the event that any provision of this Terms of Service shall be held by an arbitrator, court, or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this License Agreement shall remain in full force and effect.
In particular in regard to our agreement to arbitrate, you and Little Orbit agree that if that cause is found to be unenforceable by a court of competent jurisdiction, it shall be severed from this Agreement and - in that event -- you and Little Orbit agree to submit to personal jurisdiction in California and agree that any Claim shall be exclusively brought in the appropriate state or federal court in the County of Orange, State of California. You and Little Orbit also agree that if the arbitration clause is found to be unenforceable by a court of competent jurisdiction, then - regardless of the enforceability of any other clause -- any class action Claim shall be exclusively brought in the appropriate state or federal court in the County of Orange, State of California and you agree to submit to personal jurisdiction in California.
Digital Millennium Copyright Act
Notice: If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which the Little Orbit may be found, and that you will accept service of process from the person who provided notification.
If a counter-notice is received by the Copyright Agent, Little Orbit may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Little Orbit's sole discretion.
Parental Control Protection
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning about other protections, information is available at http://www.worldvillage.com or other similar sites providing information on such protections.
This Agreement is governed in all respects by the substantive laws of the State of California and of the United States of America. Notwithstanding the foregoing, the arbitration clause set forth above shall be governed by the Federal Arbitration Act. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties.
The TOU and the assorted policies referenced herein constitute the entire agreement between you and Little Orbit and govern your use of the Service, superseding any prior agreements between you and Little Orbit with respect to the Service.
Waiver and Severability of Terms
The failure of Little Orbit to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 the TOU remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your Account is non-transferable and any rights to your Account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations
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 the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
All services hereunder are offered by Little Orbit Inc.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.