LITT Global Pty Ltd
(LITT Global)

 

User Terms of Service

 

Last Updated: December 10, 2021

Welcome, and thank you for your interest in LITT Global US Pty Ltd.

These User Terms of Service constitute a legally binding agreement (the “User Agreement”) between you (collectively, “you,” “your,” or “user(s)”) and LITT Global US Pty Ltd (collectively, “LITT Global,” “us,” “we,” “Company,” or “our”) governing your use of the services on www.thelittapp.com (the “Website”), the LITT mobile application (the “App”), and any other services or platforms that LITT Global may offer (collectively, the “Services”).

By entering into this User Agreement, or by using or accessing the Services, you expressly acknowledge that you understand this User Agreement (including the dispute resolution and arbitration provisions) and accept all of its terms. This User Agreement applies to anyone who accesses or uses the Services, regardless of registration or subscription status.

Your use of the Services is also subject to our Privacy Policy, DMCA and Infringing Content Policy, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from LITT Global, which are incorporated into this User Agreement by reference. If you do not wish to be bound by this User Agreement, do not use the Services.

We reserve the right to modify, amend, or change this User Agreement at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the User Agreement via email or other means, as appropriate under the circumstances. However, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of the Services constitutes your acceptance of any change, and you will be legally bound by the updated User Agreement. Immaterial modifications to this User Agreement are effective upon publication. Disputes arising under this User Agreement will be resolved in accordance with the version of this User Agreement that was effective at the time when the dispute arose. If you do not accept a change to the terms, you should stop using the Services immediately.

Arbitration NOTICE. Except for certain kinds of disputes described in Section 12, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND LITT GLOBAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

1.     OVERVIEW OF THE SERVICES, USERS, AND AVAILABLE FEATURES 

1.1.      Services and Features

              a.          The Services are a social media and augmented reality software application (in iOS and Android formats) known as the “LITT App” that allows you to interact with other Members, Vendors, and LITT Global.

              b.          Features and rewards that may be available through the Services include (as defined herein) LITT Cash, LITT Points, Gift Cards, and LITT Deals and Giveaways, all and each of which are subject to the terms and conditions set forth in this User Agreement,

1.2.      Types of Users

              a.          The term "you" and “User” as used in this User Agreement will apply to all end-users of the App    (as defined herein), persons that visit the Website, and individuals or users who access and use the Services on their own behalf or on behalf of an entity.

              b.          Parties that have registered to use the Services as a vendor by creating a business account on the App or the Website, and that are approved by LITT Global or any of its affiliates to promote and provide products or services on the Services are also referred to in this User Agreement as “Vendors.”

              c.          If you have registered to use the social media and augmented reality features of the Services (e.g., earning and redeeming digital rewards, discovering deals from local businesses, connecting with other Users) by creating a personal account on the App (“Account”), we may also refer to you as a “Member.”

              d.          Individuals that visit the Website and any related subdomains may also be referred to as “Visitors.”

2.     RULES AND RESTRICTIONS (ACCESS AND USE)

2.1.      Account Eligibility

              a.          Before you can use the Services, you will need to register for an account through the App (“Account”). Users may be able to create an Account by logging in through certain social media networks or pre-existing accounts on external platforms or websites, as identified on the App (“External Accounts”). We may also allow Users to register for an Account manually. We reserve the right to bar anyone from registering for the Services.

              b.          By using the Services or registering for an Account, you represent and warrant that:

i.       You are at least thirteen (13) years old;

ii.      You have provided accurate information in connection with your Account (i.e. name, email address, phone number, or other contact information);

iii.     You are legally qualified to enter a binding contract with LITT Global;

iv.     You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country;

v.      You are not on any list of individuals prohibited from conducting business with the United States;

vi.     You are not prohibited by law from using the Services;

vii.   You do not have more than one Account as a Member; and

viii.  You have not previously been removed from the Services by LITT Global, unless you have our express written permission to create a new Account.

 

c.          If creating an Account on behalf of an entity, organization, or company, the individual responsible for creating the Account represents and warrants that they have authority to bind the relevant entity, organization, or company to the terms of this User Agreement and that the holder of the Account agrees to be bound by the terms of this User Agreement.

d.          We may use a combination of automated systems and a team of moderators to monitor and review Accounts and messages for content that indicates breach of this User Agreement. We reserve the right, at our sole discretion, to terminate or suspend any Account, restrict access to the Services, or make use of any operational, technological, legal, or other means available to enforce this User Agreement (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.

e.          Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend any Account without notice (A) for violating the terms of this User Agreement, (B) due to your conduct on the Services, or your conduct with other Users of the Services, if we determine that your conduct was inappropriate or improper, (C) if we, or our affiliates, determine that your conduct on other platforms or services operated by our affiliates was inappropriate or improper, or (4) for any reason whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree that you will not receive a refund for any paid services or features for which you have already been charged.

              f.           By using the Services or registering for an Account, you agree to receive emails promoting any special offer(s), including third-party offers. We may also send you periodic newsletters. Additionally, we may employ the use of cookies and other automatic means of collecting information about you, your use of the Services or your device. By using the Services, you consent to the use of cookies and other automatic means of collection in accordance with our Privacy Policy.

              g.          When you create an Account, you will be asked to select a password. You are solely responsible for maintaining the confidentiality of your Account credentials and password, and you accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, you must immediately notify LITT Global by contacting us at support@thelittapp.com

2.2.      User Responsibilities, Prohibited Conduct, and Reporting Misconduct

              a.          While using the Services, you agree that you will:

–        Comply with this User Agreement and check this page occasionally to ensure they are aware of any changes to our policies;

–        Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;

–        Use the latest versions of the Services;

–        Treat other Users in a courteous and respectful manner and abide by our community guidelines;

–        Be respectful when communicating with any of our customer service representatives or other employees;

–        Keep accurate and up-to-date information on your Account at all times.

–        Maintain a strong password and take reasonable measures to protect the security of their login credentials.

 

b.          While using the Services, you agree that you will not:

–        Misrepresent your identity, age, current or previous employment positions, professional qualifications, or affiliations with a person or entity;

–        Use the Services in such a way that damages the Services or prevents their use by other Users;

–        Use the Services in such a way that interferes with, disrupts, or negatively affects any platforms, servers, or networks related to the Services;

–        Use the Services for any harmful, illegal, or nefarious purpose;

–        Harass, bully, stalk, intimidate, assault, defame, harm, or otherwise mistreat any person;

–        Post or share Prohibited Content (as defined below);

–        Solicit passwords for any reason or purpose, solicit personal identifying information from other users for commercial or unlawful purposes, or disseminate another person’s personal information without his or her permission;

–        Use any Account belonging to another User;

–        Use the Services in connection with any fraudulent conduct, pyramid scheme, or other similar practices;

–        Violate the terms of the license granted to you by LITT Global (as outlined in Section 4 of this User Agreement);

–        Disclose private or proprietary information that you are not authorized to disclose;

–        Copy, modify, transmit, distribute, or create any derivative works from any of the following, without LITT Global’s prior written consent or except as otherwise permitted by the functions or features of the Services:

–   User Content

–   LITT Content

–   Any other copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Services

–        Express or imply that any statements you make are endorsed by LITT Global;

–        Use any robot, crawler, site search/retrieval application, proxy, or other manual or automatic device, method, or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or their contents;

–        Upload viruses or other malicious code or otherwise compromise the security of the Services;

–        Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through the Services;

–        “Frame” or “mirror” any part of the Services without our prior written authorization;

–        Use meta tags or code or other devices containing any reference to LITT Global or the Services (or any of our trademarks, trade names, service marks, logos, or slogans) to direct any person to any other website for any purpose;

–        Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Services, or cause others to do so;

–        Use or develop any third-party applications that interact with the Services, User Content, or any user’s information without our written consent;

–        Use, access, or publish the App’s programming interface without our written consent;

–        Probe, scan, or test the vulnerability of the Services or any system or network; or

–        Encourage, promote, or agree to engage in any activity that violates the terms of this User Agreement.

 

              c.          Certain features of the Services may permit Users to interact with physical locations via   augmented reality. When using these features, you agree to be aware of your surroundings, to use the Services safely, and to comply with all applicable laws. You also agree that, in connection with your use of the Services, you will maintain safe and appropriate contact with other people in the real world. You will not harass, threaten, or otherwise violate the legal rights of others. You will not trespass, attempt to gain access, or gain access to any property or location where you do not have a right or permission to be, and you will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or harms of any kind. If you have a dispute with any third party relating to your use of the Services, you release the Covered Parties (as defined below) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

              d.          You can report any abuse or complain about any User’s conduct or content by contacting us with a description of the abuse or an outline of your complaint. We reserve the right to investigate any possible violations of this User Agreement, and we may, in our sole discretion, immediately terminate any User’s right to use or access the Services, without prior notice, as set out further in this User Agreement.

 

2.3.      Communications

 

              a.          LITT Global may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via text messaging, e-mail, written, or hard copy, or through conspicuous posting on our websites or platforms, as determined by LITT Global in its sole discretion. We reserve the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in this User Agreement. We are not responsible for any automatic filtering that you or your network provider may apply to e-mail notifications sent to the e-mail address associated with your Account. We recommend that you add support@thelittapp.com to your e-mail contacts or address book to help ensure that you receive e-mail notifications from us.

 

              b.          LITT Global, and those acting on our behalf, may send you text (SMS) messages at the phone number that you provide us. These messages may include operational messages about your use of the Services. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.

 

              c.          By accessing the Services or registering for an Account, you consent to receive communications from LITT Global in electronic form, and agree that all terms and conditions, agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This section does not affect your statutory rights.

 

3.     CONTENT

 

         While using the Services, you may have access to: (a) content that you upload or provide while using the Services (“Your Content”), (b) content that other Users upload or provide while using the Services (“User Content”), and (c) content that LITT Global provides on and through the Services (“LITT Content”). As used in this User Agreement, “content” includes, without limitation, all text, images, video, audio, or other material on or resulting from the Services, including information on Users’ accounts, User submissions, and responses to any surveys.

 

3.1.      Your Content

 

              a.          Your Content must comply with LITT Global’s content guidelines. By using the Services, you acknowledge that you are solely responsible and liable for Your Content and you agree to indemnify, defend, release, and hold LITT Global harmless from any claims made in connection with Your Content.

 

b.          When you create an Account, we may collect information you have made publicly available through any External Accounts, or that you have otherwise authorized your External Accounts to share with third-party platforms like ours. You represent and warrant that the information you provide to LITT Global is accurate, including any information submitted through External Accounts (if applicable), and that you will update your account information as necessary to ensure its accuracy.

 

c.          The content included on your Account or user profile should be relevant to the intended purpose of the Services. You may not display any personal contact or banking information, whether in relation to you or any other person (i.e., names, home or work addresses, telephone numbers, email addresses, credit/debit card or other banking details, driver’s license or passport details, social security information, health insurance information). If you choose to reveal any personal information about yourself to other Users, you do so at your own risk. We encourage you to exercise caution in disclosing any personal information online.

 

d.          By using the Services, you acknowledge that Your Content may be visible to other Users and may be viewed by other Users and any person visiting or using the Services or possessing a link to the Services (e.g. individuals who receive a link to a User’s profile or shared content from other Users). You further acknowledge that other Users may share Your Content with third parties and your use of the Services constitutes your consent to any such sharing or distribution of Your Content, subject to the terms of this User Agreement.

 

e.          By uploading Your Content on the Services, you represent and warrant that you have all necessary rights and licenses to do so, and automatically grant LITT Global a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public such content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign or sub-license the above license to our affiliates and successors without any further approval by you. We do not have any obligation to store Your Content. Our license to Your Content is subject to your rights under applicable law and is for the limited purpose of operating, developing, providing, and improving the Services, or researching and developing new services or platforms.

 

f.           You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time, at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.

 

g.          You agree that LITT Global may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to:

 

–        comply with legal process;

–        enforce the terms of this User Agreement;

–        respond to claims that any content violates the rights of third parties;

–        respond to your requests for customer service; or

–        protect the rights, property, or safety of LITT Global or any other person.

 

3.2.      User Content

 

              a.          Other Users will also share content on the Services. User Content belongs to the User that posted the content and is stored on our servers and displayed through the Services at the direction of that User.

 

              b.          Except as contemplated in this User Agreement, you do not have any rights to User Content and you may only use other Users’ personal information to the extent that such use of the information is consistent with LITT Global’s purposes and guidelines.

 

              c.          You may not, under any circumstances, use other Users’ information for commercial or unlawful purposes, such as to spam, harass, stalk, or make unlawful threats. Should we become aware that you have misused another User’s information, we reserve the right to terminate your Account and restrict your access to the Services.

 

              d.          User Content is subject to the terms and conditions of Sections 512(c) and 512(d) of the Digital Millennium Copyright Act 1998. If you have a question or complaint about User Content, please see Section 3.5 of this User Agreement and our DMCA and Infringing Content Policy for more information.

 

              e.          LITT Global is under no obligation to edit or control User Content that you or other Users post or publish, and we will not be in any way responsible or liable for User Content. LITT Global may, however—at any time and without prior notice—screen, remove, edit, or block any User Content that, in our sole judgment, violates this User Agreement or is otherwise objectionable. You understand that, when using the Services, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against LITT Global with respect to User Content. If notified by a User or content-owner that User Content allegedly does not conform to the terms of this User Agreement, we may investigate the allegation and determine, in our sole discretion, whether to remove the User Content, which we reserve the right to do at any time and without notice.

 

3.3.      LITT Content

 

              a.          All other intellectual property on the Services (collectively, “LITT Content”) is owned, controlled, and licensed by LITT Global, absolutely and in its entirety. LITT Content includes, without limitation, text, content, graphics, user interfaces, sounds, artwork, software, databases, logo designs (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar protectible assets. All right, title, and interest in and to LITT Content remains with LITT Global at all times, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company, or product names set forth in or appearing on the Services are the property of their respective owners.

 

              b.          We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use LITT Content, subject to the following conditions and limitations:

 

i.       You may not use, sell, modify, or distribute LITT Content, except as permitted by the functionality of the Services.

ii.      You may not use our name, trademarks, logos, or other insignia in metatags, keywords, or hidden text.

iii.     You may not create derivative works from, or otherwise commercially exploit, LITT Content, in whole or in part, in any way.

iv.     You must use LITT Content for lawful purposes only.

v.      You may not sub-license your right to use or access LITT Content.

 

              c.          The Services are licensed, not sold, to you for use according to the terms of this User Agreement. Subject to your complete and ongoing compliance with the terms this User Agreement, LITT Global hereby grants you a personal, limited, revocable, non-transferable license to access and use the Services solely for your own personal, non-commercial use, as further discussed in Section 4 of this User Agreement. 

             

              d.          LITT Global reserves all other rights not expressly granted in this User Agreement.

 

3.4.      Prohibited Content

 

              a.          You may not upload or share Prohibited Content. “Prohibited Content” includes, without limitation, content that:

 

–        contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person (e.g., language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical appearance);

–        is obscene, pornographic, violent, or otherwise may offend human dignity, or contains nudity;

–        is abusive, insulting or threatening, discriminatory, or otherwise promotes or encourages racism, sexism, hatred, or bigotry;

–        encourages or facilitates any illegal activity (e.g., terrorism, inciting racial hatred, or any action that, in itself, constitutes committing a criminal offense);

–        is defamatory, libelous, false, or otherwise harmful to another person’s reputation;

–        relates to commercial activities, purposes, or arrangements (e.g., sales, competitions, advertising or promotion, solicitation for unrelated or unlawful services, links to other websites, or premium-rate telephone numbers), unless specifically authorized by LITT Global;

–        involves transmitting “junk” mail or “spam”;

–        contains spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, limit the functionality of, or otherwise disrupt software, hardware, telecommunications, networks, servers, or other equipment, Trojan horses or other material designed to damage, interfere with, wrongly intercept, or expropriate data or personal information, whether from LITT Global or otherwise;

–        infringes the rights of any third party (e.g., intellectual property rights or privacy rights);

–        was automatically-generated or otherwise not created by you, unless expressly authorized by LITT Global;

–        includes the image or likeness of another person without that person’s consent (or, in the case of a minor, the minor’s parent or guardian);

–        includes the image or likeness of a minor unaccompanied by the minor’s parent or guardian, or is otherwise harmful to minors;

–        impersonates any other person, including falsely stating your name;

–        is inconsistent with the intended purpose and uses of the Services;

–        may harm or damage the reputation of LITT Global, its affiliates or partners, or other users.

 

              b.          LITT Global has a zero-tolerance policy with respect to Prohibited Content. Uploading or sharing Prohibited Content may result in the immediate suspension or termination of your Account or your access to the Services.

 

3.5.      Infringing Content

 

              a.          If you believe, in good faith, that any content or materials on the Services infringe upon your intellectual property rights, please view our DMCA and Infringing Content Policy for information regarding how to make a complaint.

 

              b.          So that we are able to prevent unauthorized use of Your Content outside of the Services, you authorize LITT Global to act on your behalf with respect to infringing uses of Your Content, particularly to the extent that the content has been taken from the Services by other Users or third parties. This expressly includes the authority, but not the obligation, to send notices on your behalf, pursuant to 17 USC § 512(c)(3), if Your Content is taken and used by third parties outside of the Services (i.e., DMCA Takedown Notices). LITT Global is not obligated to take any action with regard to use of Your Content by other users or third parties. Our license to Your Content is subject to your rights under applicable law (e.g., laws regarding personal data protection, to the extent the content contains personal information as defined by such laws).

 

4.     SOFTWARE LICENSE GRANT

 

4.1.      Subject to your complete and ongoing compliance with this User Agreement, LITT Global grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to (a) install and use one object code copy of the App, or other mobile application associated with the Services, obtained from the Google Play Store or Apple App Store in the United States (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Services. This license does not allow you to use the Services on any device that you do not own or control. The terms of the license will govern any upgrades provided by LITT Global that replace or supplement any aspect of the Services, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

 

4.2.      Certain software code incorporated into or distributed with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “Open-Source Software”). Notwithstanding anything to the contrary in this User Agreement, the Open-Source Software is not licensed under this User Agreement and instead is separately licensed pursuant to the terms and conditions of the respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

 

4.3.      We reserve the right to stop offering or supporting the Services (or any particular portion or part thereof) or restrict access to the Platform at any time, at which point your license to use or access the Services, or any part thereof, will be automatically terminated. In such event, we will not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued access to the Services.

 

4.4.      In consideration for LITT Global’s permission to use or access the Services, you agree that we, as well as any of our affiliates or third-party partners, may place advertising on the Services.

 

5.     USE ON MOBILE DEVICES

 

5.1.      By accessing or using the Services through a mobile device, you acknowledge that such use of the Services is subject to the terms and conditions of using the mobile device and any underlying software, as set by the provider of the device or software (i.e., Apple/iOS App Store or Google Play). It is your sole responsibility to review the terms and conditions that apply to any relevant mobile devices before using the Services thereon.

 

5.2.      You understand that the Services are evolving and, as a result, you may be required to accept updates to the Services or other software that you have installed on your mobile device. You acknowledge and agree that LITT Global may update the Services, with or without notifying you. You may need to update third-party software from time to time in order to access or use the Services.

 

5.3.      We may ask for your permission to collect certain usage data from your device. By granting this permission, you agree that we may collect and use technical data and related information, including, but not limited to, UDID, device location, and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services, and to anonymously track and report your activity inside of the Services, including for analytics purposes.

 

5.4.      In consideration for LITT Global’s permission to use or access the Services, you agree that we, as well as any of our affiliates or third-party partners, may place advertising on the Services. Additionally, by submitting suggestions or feedback to us regarding the Services (“Feedback”), you grant, to LITT Global, an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products or services.

 

5.5.      We may provide you with emails, text messages, push notifications, alerts and other messages related to the Services, such as enhancements, offers, products, events, and other promotions. When accessing the Services, you may be asked to accept or deny push notifications or alerts. If you deny, you will not receive any push notifications or alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from LITT Global or the Services, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails or text messages, you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing your request to info@thelitapp.com.

 

5.6.      The Services may also allow access to, or make available opportunities for you to view, certain content and receive products, services, or other materials based on your location. To make these opportunities available, the Services will determine your location using one or more reference points (e.g., GPS, Bluetooth, or software within your mobile device). If you have set your mobile device to disable GPS, Bluetooth, or other location-determining software, or otherwise do not authorize the Services to access your location data, you will not be able to access such location-specific content, products, services, and materials. For more about how the Platform uses and retains your information, please read the Privacy Policy.

 

6.     RULES AND RESTRICTIONS (FEATURES OF THE SERVICES)

 

6.1.      LITT Cash

              a.          By interacting with the Services in certain ways, you may acquire virtual units (“LITT Cash”). LITT Cash will be stored in a virtual wallet that is personal to you and your specific Account (“LITT Wallet”). LITT Cash may only be acquired and used on the Services, and you acknowledge and agree that no use of LITT Cash outside of the Services is permitted. The amount of LITT Cash that you may acquire will be calculated by LITT Global in its absolute discretion. For example, each time you view the entire duration of an advertisement or interact with an advertisement on the Services, you may receive LITT Points that you can then convert to LITT Cash. The LITT Points that you acquire from interacting with the Services may be displayed in advance of your interaction with that feature of the Services. LITT Cash will be denominated in dollars and cents and should have the same value when used as U.S. Dollars (the “Applicable Exchange Rate”). LITT Cash that you have earned based on the Applicable Exchange Rate can only be used by you in transactions involving the same Applicable Exchange Rate

              b.          To redeem your LITT Cash, you must press the “Confirm Order” button after pressing the option   to pay for your order via LITT Cash. By pressing the “Confirm Order” button, you will be deemed to have accepted making such payment (including any applicable taxes) by redeeming your LITT               Cash, and you authorize LITT Global to reduce the amount of LITT Cash in your LITT Wallet by the value of your order. If your LITT Wallet contains an insufficient amount of LITT Cash to process your payment, LITT Global will not be required to process your order. You may use LITT Cash to directly redeem goods or services from some participating vendors. LITT Global makes no representation or warranty that you can redeem LITT Cash with every participating Vendor. LITT Global encourages you to ask a participating vendor in advance of attempting to redeem LITT Cash for goods and services from that participating vendor. You may use your LITT Cash to purchase Gift Cards for another Member, as described below.

              c.          You acknowledge that: (i) other than as set forth in Section 6 of this User Agreement, LITT Cash is of no value, unable to be used as fiat or virtual currency and cannot be used outside of the Services and (ii) any breach or alleged breach of this User Agreement, the termination of inactive Accounts or the cancellation of the Services may result in your LITT Cash being forfeited with no right or entitlement to reimbursement whatsoever. You also represent and warrant to LITT Global that you will not use LITT Cash in violation of any applicable anti-money laundering laws. LITT Global is not, to the greatest extent permitted by law, liable for any loss of any kind suffered by you in connection with or arising from the acquisition, loss, forfeiture, or your use of LITT Cash.

6.2.      LITT Points

              a.          “LITT Points” means the points rewarded to a Member through interacting with the Services, LITT Points can be converted into LITT Cash on the Services. Once you have converted LITT Points into LITT Cash, there is no way to reverse the transaction. Upon redeeming your LITT Points by converting them into LITT Cash, your LITT Wallet will be updated to reflect the redeemed LITT Points as LITT Cash. LITT Cash acquired pursuant to this Section 6.2 is deemed to be acquired on the date on which it appears in your LITT Wallet.

              b.          In connection with (i) LITT Points that you have acquired in the manner specified in Sections 6.1(a) and 6.2(a) above and (ii) LITT Cash that you have acquired via the conversion of LITT Points into LITT Cash, you acknowledge and agree that such LITT Points will expire at midnight (AWST) on the last day of the twelfth month following the date on which the LITT Points or LITT Cash (whichever is applicable) were acquired. Expiration dates in relation to your LITT Points and LITT Cash will not be displayed in your LITT Wallet – you are responsible for keeping track of any applicable expiry date.

              c.          LITT Global may (but is under no obligation to) make reasonable efforts to contact you about approaching expiration dates for any LITT Points or LITT Cash that you have acquired.

6.3.      Gift Cards

              a.          You may, in accordance with the terms of this User Agreement, use your Account to purchase gift Cards that may be used to purchase goods or services from participating Vendors on the Services (“Gift Cards”) by either directly purchasing a Gift Card with your own personal credit card or by redeeming LITT Cash that you have acquired on the Services. If you use your LITT Cash to purchase a Gift Card, the amount of LITT Cash in your LITT Wallet will be reduced by the value of the Gift Card that you purchased.

              b.          In addition to the terms set forth in this User Agreement, Gift Cards will be subject to the particular terms and conditions set by LITT Global or the participating vendor (“Card Terms”). You will be able to view the applicable Card Terms immediately prior to acquiring a Gift Card. By acquiring any Gift Card, you and the recipient of the Gift Card will each become subject to the applicable Card Terms. Gift Cards purchased in the United States may only be gifted to other Users or Members within the United States. LITT Global urges you to carefully read the applicable Card Terms before attempting to redeem a Gift Card.

              c.          You acknowledge and agree that LITT Global is not a representative, partner, or agent of any participating Vendor and is not responsible for Gift Cards issued by participating Vendors. LITT Global does not endorse any goods or services provided by participating Vendors and LITT Global will not be responsible or liable for any goods or services of participating Vendors under any circumstances. In the event that LITT Global cancels or discontinues any portion of the Services and affects your ability to use or redeem a Gift Card that was purchased using your personal credit card, LITT Global will use commercially-reasonable efforts to contact you (using the contact information linked to your Account) and will refund the outstanding value of the Gift Card to the extent that your ability to use that Gift Card has been affected. If, after using commercially-reasonable efforts, LITT Global has been unable to contact you or refund the outstanding value of the Gift Card, that Gift Card may be forfeited.

6.4.      LITT Deals and Giveaways

              a.          Surprises, offers, discounts, competitions or incentive programs offered by LITT Global, LITT Global’s affiliates, participating Vendors, or other third parties (collectively, “LITT Deals and Giveaways”) may, from time to time, be available to Users through the Services. The nature, quantity, availability, frequency, and award of LITT Deals and Giveaways are in LITT Global’s sole and absolute discretion. By using the Services, you acknowledge that you do not have any express right or entitlement to participate in or to be offered any LITT Deals and Giveaways.

              b.          You acknowledge that the availability of LITT Deals and Giveaways will depend on factors such as the time, the day of the week, and your location. The location of a LITT Deal and Giveaway is set by geofencing technology utilized by the Services, which may establish a virtual zone around certain participating Vendors from time to time (“Virtual Zone”). By using the Services, you consent to: (i) your device’s location data being used and accessed by LITT Global; and (ii) receiving notifications from the Services about LITT Deals and Giveaways when you enter into a Virtual Zone. You acknowledge that, if you do not allow LITT Global to use and access your device’s location data, you will not be able to view or be offered LITT Deals and Giveaways.

              c.          In addition to the terms of this User Agreement, LITT Deals and Giveaways may be subject to particular terms and conditions (“Deals and Giveaways Terms”) that will be communicated to you by LITT Global or participating Vendors at the time when the LITT Deals and Giveaways become available. By participating in any LITT Deals and Giveaways, you will become subject to those Deals and Giveaways Terms. LITT Global urges you to carefully read the Deals and Giveaways Terms before participating in any LITT Deals and Giveaways. You acknowledge that Deals and Giveaways Terms are set by the applicable participating Vendor, and LITT Global is not involved in the preparation or implementation of any Deals and Giveaways Terms. LITT Global will not be liable in any way in connection with Deals and Giveaways Terms.

              d.          To redeem a LITT Deal and Giveaway, you must follow the instructions provided by LITT Global or the relevant participating Vendor on the Services. Any costs that you may incur in connection with redeeming LITT Deals and Giveaways (i.e., traveling to and from a participating Vendor’s location) are your responsibility. Travel to a participating Vendor’s location is entirely at your own risk. You must redeem a LITT Deal and Giveaway within the timeframe set forth in the Deals and Giveaways Terms for the applicable LITT Deal and Giveaway. If not redeemed within the stated timeframe, the LITT Deal and Giveaway will expire. LITT Deals and Giveaways may be subject to certain limitations or conditions, a Member’s eligibility, time of day, date, availability at a particular participating Vendor’s location, age restrictions, or other similar factors. Subject to applicable law, these conditions and limitations are subject to change without notice.

6.5.      LITT Scratch It & Win

              a.          The opportunity to win bonus LITT Points may, from time to time, be offered to Members that view certain Content (i.e., advertisements) or complete other qualifying activities.

              b.          Viewing Content or otherwise using the Services does not give you ownership of or legal claim to any LITT Points or LITT Cash offered in connection with the LITT Scratch It & Win feature. LITT Global makes no representations, warranties, or guarantees concerning the probability that qualifying Members will acquire bonus LITT Points through LITT Scratch It & Win, including, but not limited to, representations that Members will acquire a certain number of LITT Points through a LITT Scratch It & Win offer or that Members will win any bonus LITT Points at all through a LITT Scratch It & Win offer.

              c.          No purchases are necessary for Members to participate in LITT Scratch It & Win or acquire LITT Points through a LITT Scratch It & Win Offer.

7.     PURCHASES AND PAYMENT

 

7.1.      Any payments that you make on the Services, excluding those that are made using LITT Cash, are to be made via credit card. Where you elect to make a payment using a credit card, a third-party processor engaged by LITT Global will process your payment.

 

7.2.      Once you press the “Confirm Order” button, LITT Global’s third-party processor will process your payment and any applicable taxes and service charges as itemized on the final screen (“Accepted Amount”). By pressing the “Confirm Order” button, you will be deemed to have accepted making such payment using your nominated credit card, and you authorize LITT Global’s third-party processor to debit the Accepted Amount from your nominated credit card. We will make reasonable efforts to ensure that requests for electronic debits and credits involving credit cards are processed in a timely manner by our third-party payment processor, but we make no representations or warranties regarding the amount of time needed to complete processing, as that timing is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.

 

7.3.      If your designated credit card is declined by your financial institution, LITT Global or its third-party processor will not be required to fulfil your order. In these cases, LITT Global may decide to contact you to make alternative payment arrangements. LITT Global may decide at any time not to accept payment from you for any reason. If LITT Global declines to accept payment, LITT Global will not process your order and may not contact you to inform you that your order will not be processed. LITT Global will not process any order until the payment has been received and will not be liable for any delay from banking delays or misdirected payments. LITT Global may seek pre-authorization of your credit card account prior to any purchase you make on the Services to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. It is your sole responsibility to ensure that you have enough funds available on the credit card for which you provided LITT Global with details to make any payments via the Services.

 

7.4.      Refunds

 

              a.          Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially-used periods, except if the laws applicable in your jurisdiction provide for refunds.

 

              b.          In addition to canceling, you must request a refund to receive one.

 

i.           If you subscribed using your Apple ID, refunds are handled by Apple, not LITT Global. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem.” You can also submit a request at https://getsupport.apple.com.

 

ii.          For all other purchases: please contact customer support with your order number. (You can find the order number in the order confirmation email or, if you purchased from the Google Play Store, by logging in to Google Wallet).

 

7.5.      Taxes

 

              a.          The payments addressed in this section do not include any Sales Tax (as defined herein) that may be due in connection with any products, features, or services offered or provided under this User Agreement. If we determine that we have a legal obligation to collect a Sales Tax from you in connection with this User Agreement, we will collect such Sales Tax in addition to the payments addressed in this section.

 

              b.          If any products, features, or services, or payments for the same, under this User Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority.

 

              c.          As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

 

8.     EXTERNAL SERVICES AND THIRD-PARTY CONTENT

 

8.1.      Third-Party Systems and App Stores

 

              The following additional terms and conditions apply to you if you download the App from a third-party platform such as the Apple App Store and Google Play Store (“Third-Party Store”). To the extent that the other terms of this User Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this section, the more restrictive or conflicting terms and conditions in this section will apply, but solely with respect to the App and the Third-Party Store. You acknowledge and agree that:

 

              a.          This User Agreement is concluded solely between you and LITT Global, not with the providers of any Third-Party Store, and LITT Global (not the Third-Party Store providers) is solely responsible for the App and the content thereof. To the extent that this User Agreement provides usage rules for the App that are less restrictive or in conflict with the applicable terms of service of the Third-Party Store from which you obtain the App, the more restrictive or conflicting terms of the Third-Party Store will take precedence and will apply.

 

              b.          The Third-Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. LITT Global is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third-Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

 

              c.          LITT Global, not the Third-Party Store provider, is responsible for addressing any claims that you or any third party may have relating to the App or your possession or use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; or (4) intellectual property infringement claims.

 

              d.          The Third-Party Store provider and its subsidiaries are third-party beneficiaries of this User Agreement, and, upon your acceptance of this User Agreement, the Third-Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce this User Agreement against you as a third-party beneficiary thereof.

 

              e.          In the event of a conflict between a Third-Party Store’s or mobile carrier’s applicable terms and conditions and this User Agreement, the terms and conditions of the Third-Party Store or mobile carrier will govern and control. We are not responsible, and have no liability whatsoever, for third-party goods or services you obtain through a Third-Party Store or mobile carrier. We encourage you to conduct whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

 

8.2.      Third-Party Links and Services

 

a.          LITT Global may provide tools through the Services that enable you to export information, including User Content, to third-party services, including through features that allow you to link your Account on LITT Global with an account on the third-party service or through our implementation of third-party buttons. By using one of these tools, you agree that LITT Global may transfer that information to the applicable third-party service. Third-party services are not under LITT Global’s control, and, to the fullest extent permitted by law, LITT Global is not responsible for any third-party service’s use of your exported information.

 

b.          If you use a service, feature, or functionality that is operated by a third party and made available through the Services (including services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. LITT Global is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

 

c.          Certain features of the Services may require access to and use of your device’s map features or functionality, such as Google Maps or other External Services. Any use of those features will be subject to the terms and conditions applicable to such External Services. By using the Services, you may also be required to agree to the end-user terms for any such third-party services. It is your sole responsibility to review the terms and conditions that apply to the third-party services before using those services in conjunction with the Services. This User Agreement does not apply to any activities conducted via third-party services.

 

d.          The Services may contain links to third-party websites, advertisers, products, services, or other events or activities that are not owned or controlled by LITT Global. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Services or use a third-party service, you do so at your own risk, and you understand that this User Agreement and the LITT Global Privacy Policy do not apply to your use of such third-party sites or services. You expressly relieve LITT Global from any and all liability arising from your use of any third-party website, service, or content.

 

e.          Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

 

f.           Some links to third-party sites may be monetized by third-party services. LITT Global may receive compensation for its role in the purchasing process by referring prospective purchasers to products on third-party sites. This compensation does not affect the final purchase price of such products. This referral disclosure is provided in accordance with the United States Federal Trade Commission’s 16 CFR § 255.5.

 

8.3.      Third-Party Products

 

              a.          Certain product descriptions on the Services are created by third-party merchants or suppliers. As a result, we do not warrant that product descriptions or other third-party content on the Services are in any way accurate, complete, reliable, current, or error-free. LITT Global makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services). If a product offered on the Services is not as described, your sole remedy is to return it in unused condition.

 

              b.          We cannot guarantee availability of any products or services listed on the Services. Certain prices do not include shipping and handling, taxes, applicable tariffs, and other charges associated with the purchase of a product, which may be added to the purchase price and billed to you at the time of purchase. LITT Global displays suggested retail prices for goods or services offered on the Services based on pricing information provided by Vendors or other merchants and we make no promises about the reliability or accuracy of any such information listed on the Services.

 

              c.          A product purchased from any Vendor through the Services is governed by and subject to that Vendor’s policies, including applicable exchange and shipping policies. You acknowledge and agree that we are not agents of any Vendor and that Vendors operate independently and are not under LITT Global’s control. Accordingly, your participation in offers or promotions of, or correspondence with, any Vendor is solely between you and that Vendor. We do not assume any liability, obligation, or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. LITT Global is not responsible for changes to, or discontinuance of, any Vendor or for any Vendor’s withdrawal from the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which provides, in relevant part: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

 

              d.          Please note that LITT Global has no responsibility for the fulfilment of any orders. You should directly contact the Vendor from whom you have bought an item regarding any questions about the delivery, refund, exchange, or return of any product you purchase.

 

8.4.      External Service Purchases

 

              a.          When making a purchase on the Services, you may have the option to pay through an external service and your external service account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your external service account. Some external services may charge you sales tax, depending on where you live, which may change from time to time.

 

              b.          If you initiate a chargeback or otherwise reverse a payment made with your external service account, we may terminate your Account immediately, at our sole discretion. We will retain all funds charged to your external service account until you cancel your subscription through your external service account. Certain Users may be entitled to request a refund.

 

9.        TERM AND TERMINATION

 

9.1.    This User Agreement becomes effective upon first acceptance or when you first download, install, access, or use the Services and will remain in effect until terminated as set forth in Section 9.2.

 

9.2.    If you violate any provision of this User Agreement, your authorization to access the Services automatically terminates. In addition, LITT Global may, at its sole discretion, terminate this User Agreement or your Account, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your Account and this User Agreement at any time by contacting customer service at support@thelittapp.com.

 

9.3.    We reserve the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated this User Agreement, misused the Services, or behaved in a way that we deem inappropriate or unlawful, on or off the Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce this User Agreement, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.

 

9.4.    Upon termination of this User Agreement: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access your Account or the Services; (c) you must pay LITT Global any outstanding balance that was due prior to termination; and (d) all payment obligations accrued prior to termination, as well as your obligations under Sections 8.3, 9, 11.6, 11.7, 16.3, 17, 18, 19, 20 and 21 of this User Agreement, will survive. LITT may retain your User Content following termination of your account on the Services for up to six months before deleting it.

 

9.5.    LITT Global reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. LITT Global will have no liability for any change to the Services or any suspension or termination of your access to or use of the Services.

 

10.     DISCLAIMERS

 

10.1. The following disclaimers are made on behalf of LITT Global, its officers, employees, directors, shareholders, affiliates, agents, and licensors (collectively, the “Covered Parties”).

 

10.2. THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. LITT GLOBAL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. LITT GLOBAL DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND LITT GLOBAL DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

 

10.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR THE COVERED PARTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE COVERED PARTIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES AND YOUR DEALING WITH ANY OTHER USERS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. LITT Global does not disclaim any warranty or other right that LITT Global is prohibited from disclaiming under applicable law.

 

10.4. You are responsible for the use of your Account and LITT Global expressly disclaims any liability arising from the unauthorized use of your Account. Should you suspect that any unauthorized party may be using your Account, or you suspect any other breach of security, you agree to notify us immediately.

 

10.5. You understand that LITT Global does not conduct criminal background or identity verification checks on its Users or otherwise inquire into the background of Users. We make no representations or warranties as to the conduct, identity, intentions, legitimacy, or veracity of Users. We reserve the right to conduct—and you authorize us to conduct—any criminal background check or other screenings at any time using available public records and you agree that any information you provide may be used for that purpose. If we decide to conduct any screening through a consumer reporting agency, you hereby authorize us to obtain and use a consumer report about you to determine your eligibility under the terms of this User Agreement.

 

10.6. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE PRECAUTIONS. COMMUNICATIONS RECEIVED THROUGH THE SERVICES, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY LITT GLOBAL, MAY RESULT FROM USERS ENGAGING WITH THE SERVICES FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR. YOU AGREE TO USE CAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OUTSIDE OF THE SERVICES OR MEET IN PERSON.

 

10.7. USERS ARE NOT COVERED PARTIES WITHIN THE MEANING OF THIS AGREEMENT. WE DO NOT CONTROL OR HAVE THE RIGHT TO CONTROL USERS, EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY APPLICABLE SUPPLEMENTAL TERMS, OR AS REQUIRED BY APPLICABLE STATE OR FEDERAL LAW, REGULATION, OR ORDINANCE.

 

11.     INDEMNITY; LIMITATION OF LIABILITY

 

11.1. Indemnification

 

           a.          To the fullest extent permitted by law, you are responsible for your use of the Services, and you    will defend and indemnify the Covered Parties from and against every claim brought by a third         party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (i) your unauthorized use of, or misuse of, the Service; (ii) your violation of any portion of this User Agreement, any representation, warranty, or agreement referenced in this User Agreement, or any applicable law or regulation; (iii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

 

           b.          LITT Global reserves the right, at its sole discretion and expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the us in asserting any available defenses. This provision does not require you to indemnify any of the Covered Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission.

 

11.2. Limitation of Liability

 

           a.          TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COVERED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY LITT GLOBAL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

 

           b.          EXCEPT AS PROVIDED IN THIS AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COVERED PARTIES’ AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THIS AGREMEENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

 

           c.          EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS          BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

 

12.     DISPUTE RESOLUTION

12.1. General

           a.          YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LITT GLOBAL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND LITT GLOBAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Further, unless both you and LITT Global agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

           b.          In the interest of resolving disputes in the most expedient and cost-effective manner, and except as described in Sections 12.3 and 12.5, you and LITT Global agree that every dispute arising in connection with this User Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this User Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this User Agreement.

           c.          Any arbitration between you and LITT Global will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting LITT Global. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

           d.          If LITT Global makes any future change to this arbitration provision, other than a change to LITT Global’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to LITT Global’s address for Notice of Arbitration, in which case your Account with LITT Global will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

           e.          If any section or the entirety of this Section 12 is found to be unenforceable, or if LITT Global receives an Opt-Out Notice from you, then the entirety of this Section 12 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 13.2 will govern any action arising out of or related to this User Agreement.

12.2. Governing Law

           a.          This User Agreement and any and all claims, disputes, or other legal proceedings by or between you or LITT Global, including, but not limited to, any such claims or disputes that are in any way related to or arising under this User Agreement or your access to or use of the Services, LITT Global websites or platforms, or the App, will be governed by the laws of the State of California without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction.

           b.          The parties agree that their arrangement under this User Agreement is in interstate commerce and that the Federal Arbitration Act applies to the construction of the arbitration provisions below. For any claim, dispute, or other legal proceeding not subject to the arbitration provisions below, the claim or dispute will be brought and litigated exclusively in the state courts located within Los Angeles County, California or the federal courts in the Central District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

12.3. Exceptions to Arbitration

           a.          Notwithstanding the provisions of Section XX, nothing in this User Agreement will be deemed to   waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

           b.          If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this User Agreement to Arbitrate will not apply. Where this User Agreement to Arbitrate does not apply, the remainder of this User Agreement, and the Dispute Resolution section, will continue to apply.

12.4. Arbitration Procedure and Fees

           a.          A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). LITT Global’s address for Notice is: LITT Global US Pty Ltd, 2511 Brigden Road, Pasadena, CA 91104. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or LITT Global may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or LITT Global must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by LITT Global in settlement of the dispute prior to the award, LITT Global will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.

           b.          If you commence arbitration in accordance with this User Agreement, LITT Global will reimburse   you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse LITT Global for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

12.5. Opt-Out Procedure

           a.          If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 12 within thirty (30) days after the date that you agree to this User Agreement by sending a notice to LITT Global US Pty Ltd, Attention: Legal Department – Arbitration Opt-Out, 2511 Brigden Road, Pasadena, CA 91104 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once LITT Global receives your Opt-Out Notice, this Section 12 will be void and any action arising out of this User Agreement will be resolved as set forth in Section 12. The remaining provisions of this User Agreement will not be affected by your Opt-Out Notice.

           b.          For your convenience, we are providing an Opt-Out Notice form that you can complete and mail   to opt out of the User Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the e-mail address(es) associated with the Account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective.

           c.          This procedure is the only way you can opt out of the Agreement to Arbitrate.

13.     MISCELLANEOUS

13.1. General Terms

           a.          If any clause or provision set forth in this User Agreement is determined to be illegal, invalid, or unenforceable under present or future law, the clause or provision will be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

           b.          No failure or delay in exercising any right, power or privilege under this User Agreement will operate as a waiver of such right or acceptance of any variation of the User Agreement, and nor will any single or partial exercise by either party of any right, power, or privilege preclude any further exercise of the right or the exercise of any other right, power, or privilege.

           c.          This User Agreement, together with any amendments, policies, and additional agreements between you and LITT Global in connection with Services, will constitute the entire agreement and understanding between you and LITT Global concerning the Services. You acknowledge and agree that you have not relied upon any statement, promise, or representation made or given by or on behalf of LITT Global that is not set out in this User Agreement, our Privacy Policy, or any document expressly referenced herein.

           d.          This User Agreement does not create, and may not be construed to create, any agency, partnership, joint venture, fiduciary, or other special relationship or employment. You do not have the authority to bind or make representations on behalf of LITT Global in any manner.

           e.          You agree that your Account is non-transferable and all of your rights to your Account, and its content, terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by LITT Global without restriction.

           f.           The headings in this User Agreement are for convenience only and have no legal or contractual effect.

           g.          To the extent allowed by law, the English version of this User Agreement is binding, and any translations are provided for convenience only.

           h.          All pronouns and any variations thereof will be deemed to refer to the masculine, feminine, neuter, singular, or plural as the identity of the subject entities or persons.

           i.           Any word both capitalized and uncapitalized will be deemed to have the same meaning.

           j.           Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable   to the Services or certain features of the Services that we may post on or link to from the Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, this User Agreement.

13.2. Governing Law; Venue

           a.          This User Agreement and any disputes arising under or related to this User Agreement, the Services, our Privacy Policy, or any supplemental or additional terms relating to the Services will be governed by the laws of the State of California, without reference to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction and venue of the courts located within California for any legal proceeding arising from same, regardless of the cause of action or which party has initiated the legal proceeding.

           b.          To the extent the parties are permitted under this User Agreement to initiate litigation in a court, both you and LITT Global agree that all claims and disputes arising out of or relating to the User Agreement will be litigated exclusively in the state or federal courts located in Los Angeles County, California. We make no representation that any aspects of the Services are appropriate or available for use in locations outside of the United States.

13.3. Privacy; Consent to Electronic Communications

           a.          Please read the LITT Global Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The LITT Global Privacy Policy is incorporated by this reference into, and made a part of, this User Agreement.

           b.          By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

13.4. Support; LITT Global Contact Information

           a.          The Services are offered by LITT Global US Pty Ltd, located at 2511 Brigden Road, Pasadena, CA 91104. You may contact us by sending correspondence to that address or by emailing us at support@thelittapp.com.

           b.          We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies.

13.5. Territory-Specific Terms

           a.          If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

           b.          The Services are intended for Users located within the United States. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited.