LITTLENEX Terms of Use

Last modified: January 18, 2017

WELCOME TO LITTLENEX

Welcome to LittleNex, Games2LearnChinese, and Games2LearnEnglish! Thanks for using our products and services ("Services"). The Services are provided by LITTLENEX Digital Studio Corp. ("We", "Us", "Our", or "LITTLENEX") and are located at www.littlenex.com, www.Games2LearnChinese.com, and www.Games2LearnEnglish.com (together with any other LITTLENEX websites including sub-domains, international versions, widgets and mobile versions, that we may develop and which link to these Terms of Use, referred to herein as the "Websites"). LITTLENEX offers online language learning material including educational games, lessons, and flashcards.

By using our Services, you are agreeing to these terms. The Websites are provided for your personal entertainment, information, and education. Your use of the Websites is subject to the following terms and conditions. Your use of the Websites constitutes your acceptance of these terms and conditions and your agreement to be bound by them. If you do not agree to these terms or if you do not agree with our Privacy Policy posted on this site, please do not use the Websites or any services offered by the Websites.

Please review this Terms of Use page often. We reserve the right to change these terms and conditions at any time without notice. Please check back from time to time to ensure you are aware of any updates or changes to these terms.

We also reserve the right to suspend, discontinue, delete, modify, or remove any content or functionality offered in our Websites from time to time, without prior notice, without reason or liability, and/or to offer certain content or functionality only in various versions or in selected times, based on our sole discretion. In addition, we may charge users for certain content or functionality which are currently available for free.

If you are under the age of eighteen (18) or the age of majority in your jurisdiction, you may use the Websites only with authorization and/or supervision of a parent or legal guardian. If you are an educator, and you are using the Websites on behalf of minors, you are required to obtain the authorization of their parents or legal guardian.

USER ACCOUNTS

You do not have to create a user account to use www.Games2LearnChinese.com and www.Games2LearnEnglish.com. However, accessing certain features of www.LittleNex.com requires You to create a user account comprised of choosing a user name and password ("User Account"), and providing an email address where to send transaction details and login instructions. No other personal information is required to create a User Account. Your User Account is for Your personal use only. We strongly recommend that You do not use personal information in a user name. You are responsible for keeping Your User Account information confidential and for protecting your User Account information. We are unable to restore or reset User Accounts.

To download and use our mobile apps, You will need an iTunes, Google Play, Amazon or similar account.

You agree not to use another User's user name and password to access www.LittleNex.com. We reserve the right to suspend or terminate a User Account at any time in the event that a User does not comply with any provision of this Terms of Use. Saved games and information that are inactive for a period of 6 months or longer will be removed.

PURCHASES, REGISTRATION AND MEMBERSHIPS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Websites, including LITTLENEX Memberships, the terms of which are set forth at http://www.littlenex.com/membership-terms-of-use.html. Such additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Webites or for any good or service offered on or through the Websites, the latter terms shall control with respect to your use of that portion or the specific service.

PRIVACY POLICY

We take your privacy and your privacy concerns very seriously. That is why we have adopted our Privacy Policy explaining our online information collection practices and the choices you can make about the way information is collected and used. Click here to read and understand our Privacy Policy.

Please review our Privacy Policy, which are incorporated into, and considered part of, these Terms of Use, and also governs your visit to the Websites and use of the content found on the Websites, including without limitation, the text, software (whether downloadable or non-downloadable), technology, user interfaces, profiles, widgets, links, emails, graphics, images, video, code, sounds, music, games, videos, all audio visual or other material appearing on or emanating to and/or from the Websites, as well as the design and appearance of our websites and the accompanying information and documentation ("the Content"). By visiting or using the Websites or the Content, you agree to our Privacy Policy, as in effect from time to time.

WEBSITES ACCESS

LITTLENEX grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Websites for your personal, non-commercial, entertainment and educational purposes, subject to this Terms of Use, and not to download (other than as necessary for page viewing) or modify the Websites, or any portion of the Websites, except with our express written consent. This license does not include any resale or commercial use of the Websites or the Content; any derivative use of the Websites and the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Websites automatically terminates your permission or license to use our Websites.

Unless otherwise provided herein, We reserve the right to suspend or terminate operation of the Websites at any time and to change or discontinue any aspect or feature of the Websites, including, but not limited to, content and functionality, hours of availability, and equipment needed for access or use.

In certain areas of the Websites we provide tools that allow you to create your own spaces or avatars using elements from the World of LITTLENEX. Subject to the limited license granted to you herein and the other provisions of this Terms of Use, You may save your spaces or avatars to your devices and you may share screenshots and images of your spaces and avatars with third parties so long as those uses are not commercial. The LITTLENEX elements and any resulting spaces and avatars that you create using these elements are the property of LITTLENEX. You acknowledge and agree that in addition to other actions, LITTLENEX may feature your spaces or avatars on the Websites, share your spaces or avatars with third parties and otherwise use your spaces or avatars for any purpose without compensation to you.

You agree that when registering for and using the Websites you will provide accurate and complete information and you will not misrepresent your identity at any time when interacting with the Websites or other Users.

In addition to other proprietary rights specified in this Terms of Use, Users may not: a) frame or utilize framing techniques to enclose any element, including without limitation, any text, graphics, images or trademark on the Websites (collectively, "Elements"); b) gather, obtain, use, access or otherwise copy the Websites or any Elements thereof by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind; c) use the Websites or any features available on the Websites in any manner with the intent to interrupt, damage, disable, overburden or impair the Websites or such services; d) directly or indirectly attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Websites; or e) engage in any activity that interferes with another User's access, use or enjoyment of the Websites.

INTELLECTUAL PROPERTY

The Websites and the Content are owned by or licensed to LITTLENEX, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.

All names, logos, service marks, and trademarks appearing in this Website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property, except as otherwise noted, are protected intellectual property of, or used with permission or under license by, LITTLENEX Digital Studio Corp. and its affiliates. This includes the entire Content of the Website, copyrighted and protected as a collective work.

The use or misuse of these trademarks or any other content on the Websites, except as provided in these Terms of Use or in the site content, is strictly prohibited. You may print copies of the information on this site for your personal use, or store the files on your computer for personal use. However, you may not distribute text or graphics to others without our express written consent. Also, you may not, without our permission, copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. We reserve all other rights.

You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Websites or the Content.

Your use of the Websites is limited to personal and non-commercial use only unless other uses are granted expressly to you. You may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Websites Content for public or commercial purposes without our written permission for such use of Content.

You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LITTLENEX without our express written consent. You may not use metatags or any other "hidden text" utilizing "LITTLENEX" or any other name, trademark, service mark or product or service name of LITTLENEX without our prior written permission. In addition, the look and feel of the Websites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of LITTLENEX and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

OUR USE OF CONTENT

We will consider anything you provide to LITTLENEX and/or contribute to the Websites as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on the Websites, in which event those Additional Terms will determine how we will treat your Invited Submissions.

Subject to the provisions of any Additional Terms, by posting or uploading any content to the Websites and/or providing any communication or material to LITTLENEX ("User Content"), you automatically and irrevocably: (a) grant and assign to LITTLENEX any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by LITTLENEX and/or by any person authorized by LITTLENEX, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint LITTLENEX as your agent with full power to enter into any document and/or do any act LITTLENEX may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that LITTLENEX shall not be liable for any use or disclosure of such User Content.

COMMENTS AND SUBMITTED IDEAS

All comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Websites or in response to solicitations in the Websites shall be deemed and shall remain our property. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to the suggestion or comments to suggestions and that we are only willing to consider the suggestion on these terms. In any event, any suggestion is not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the suggestions of every kind and nature throughout the Universe and shall be entitled to unrestricted use of the comments for any purpose whatsoever, commercial or otherwise without compensation to the provider of the suggestions.

DISCLAIMERS

Disclaimer of Warranties.

Without limiting the foregoing, everything on the Websites is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT. ADDITIONALLY, WE DO NOT WARRANT THAT THE WEBSITES OR THE SERVERS MAKING THE WEBSITES AVAILABLE ARE VIRUS FREE. We do not warrant that the functions contained in these materials will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the result of the use of the materials in the Websites in terms of their correctness, accuracy, reliability, or otherwise.

Your use of the Websites is at your risk. Neither LITTLENEX nor any of its affiliates will be liable for any damages including direct, indirect, incidental, consequential, or punitive damages, arising out of your access to or use of the Websites and however caused, whether in contract or tort. If you become dissatisfied in any way with the Websites or their Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop using the Websites and their services (some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so these provisions may not apply to you. If any portion of these limitations on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of LITTLENEX Digital Studio Corp. and its affiliates shall not exceed one hundred dollars ($100)).

IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE WEBSITES OR ANY SITES WITH WHICH THEY ARE LINKED AND DECIDE IF YOU WISH TO USE THE SITE. THE WEBSITES MAY LINK TO OR REFERENCE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE LITTLENEX HAS NO CONTROL OVER SUCH SITES AND INFORMATION, LITTLENEX MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION AND LITTLENEX ASSUMES NO RESPONSIBILITY AS TO WHETHER A LINK OR REFERENCE LOCATES UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT-ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF A LINK OR REFERENCE ON THE WEBSITES MAY UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. LITTLENEX MAKES NO CLAIM THAT SUCH SURPRISES WILL NOT OCCUR.

Limitation of Liability.

To the extent permitted by law, LITTLENEX and its officers, directors, employees and agents (the "LITTLENEX Parties") shall not be liable for damages or losses of any kind arising out of or in connection with your use of the Websites, including but not limited to, damages caused by your reliance on the accuracy, completeness or timeliness of information provided on the Websites or your provision of User information or other information to the Websites.

INDEMNITY

You agree to indemnify, defend and hold LITTLENEX and its affiliates, and their respective owners, directors, officers, employees, shareholders, agents, suppliers, customers and users of the Content (collectively, the "LITTLENEX Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any of the LITTLENEX Parties as a result of or in connection with (i) any breach by you of any of the provisions of these Terms of Use; (ii) any violation by you of applicable law; (iii) any violation by you of any rights of a third party; and (iv) any use or alleged use of the Websites or the Content by you or anyone within your control.

We reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with LITTLENEX's defense of such claim. LITTLENEX may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys' fees and all other costs).

LINKS

The Websites may contain links allowing you to leave the Websites for other sites that are not under our control. We are not endorsing any such linked sites. We are not responsible for the contents or transmission of any linked site or any link contained in a linked site or for ensuring that the linked sites are error and virus free. Nor are we responsible for the terms of use or privacy practices of such sites. We encourage you to carefully read the policies of each site you visit.

LITTLENEX cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from LITTLENEX since other shop channels are owned and operated by independent retailers. We do not endorse any of the merchandise, nor has LITTLENEX taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

POSTINGS

Please act responsibly when using the Websites. Do not post or enter any data personal or not that may endanger your security or the security of others (e.g. Social Security Number or credit card information). You may only use the Websites and their contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Websites. You may not collect or store personal information regarding other users. You understand and agree that all materials transmitted on or through these Websites are the sole responsibility of the sender, not LITTLENEX, and that you are responsible for all material you post or otherwise transmit to or through the Websites.

We at LITTLENEX require that you do not post entries or otherwise make available on the Websites any content, or act in a way, which in our opinion:

(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(c) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
(d) violates any law or may be considered to violate any law;
(e) advocates or promotes illegal activity;
(f) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(g) advertises any commercial endeavor;
(h) solicits funds, advertisers or sponsors;
(i) includes programs which contain viruses, worms and/or ‘Trojan horses' or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
 (j) copies any other pages or images on these Websites except with appropriate authority;
 (k) amounts to a "pyramid" or similar scheme;
 (l) disobeys any policy or regulations established from time to time regarding the use of the Websites or any networks connected to the Websites; or
(m) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (l) above.

SYSTEM ABUSE

Without limitation, you agree not to send, create or reply to mailbombs (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in spamming (i.e. unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Websites by any other person.

You agree that you will not send us any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable. You must not send to us any malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of "spam." You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use the Websites for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Websites.

SERVICE

In order to use the Websites, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Websites on the World Wide Web (including a computer, modem and/or other access devices).
We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Websites and/or any software, facilities and services on the Websites, with or without notice, and/or to establish general guidelines and limitations on their use.

LOCAL REGULATIONS

We make no representation that materials or other content in the Websites are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Websites from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in. 

CHOICE OF LAW AND ENFORCEMENT

Your access to the Websites as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of New York without regard for conflict of laws provisions.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

Arbitration

To the fullest extent permitted by law, by using the Websites you agree that if a dispute arises between you and the LITTLENEX Parties relating in any way to the Websites or your use thereof, including common law or statutory claims, BOTH YOU AND THE PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION COMMENCED BETWEEN YOU AND THE PARTIES MUST BE ARBITRATED IN NEW YORK COUNTY, NEW YORK. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and You or the LITTLENEX Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH ABOVE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.

CLAIMS OF INFRINGEMENT

LITTLENEX respects the intellectual property of others. If you believe that any material on the Websites or any use of the Websites infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:

Send the notification to us as follows:

Email: Click here