Terms of Use

Please read these terms and conditions carefully. This is the legal stuff. This Terms of Use (“Agreement”) is a legal agreement between you, the user, and My Little Buddha, LLC (“My Little Buddha”). My Little Buddha owns and operates mylittlebuddha.com. By using this site, you are deemed to have agreed to these terms and conditions. We will post any changes to these terms and conditions on the site. By continuing to use the site after we make any changes, you agree to accept those changes. If you choose not to accept these terms and conditions, please do not use the site.

User Content
This site provides users with the ability to upload, store and display certain User Content. As used herein, “User Content” means comments, articles, links, graphics, photos, images and other information, materials and content provided by any user and uploaded, displayed, distributed or otherwise communicated on or through the site. By uploading User Content, you hereby grant My Little Buddha a non-exclusive, royalty-free license to use, copy, modify and display such User Content on the site, and for purposes necessary or related to the operation of the site. Such license includes using such User Content, in whole or in part, in a My Little Buddha feature, article, communication or advertisement. You acknowledge and agree that My Little Buddha may save and archive User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of My Little Buddha, its users or the public. Any or all User Content on the site may be purged periodically in My Little Buddha’s sole discretion. My Little Buddha also reserves the right to archive and save User Content, and to use and reuse it in different format and media.

You represent and warrant to My Little Buddha and its affiliates that the User Content uploaded by you or on your behalf is: (1) owned exclusively by you or that you have all necessary right and authority to upload, store and display the User Content on the site, and (2) the reproduction, display and other use of the User Content on the site or for purposes necessary or related to the operation of the Site does not and will not infringe or misappropriate the intellectual property rights of any third party. You also warrant that any “moral rights” in such User Content have been waived. You agree to indemnify My Little Buddha for any losses, liabilities or damages caused by the breach or inaccuracy of either of the foregoing covenants, representations and warranties with respect to User Content provided by you or on your behalf.

You acknowledge and agree that any User Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content. You should not rely on the accuracy of any User Content submitted to My Little Buddha by users. You further acknowledge and agree that the views expressed on the site do not necessarily reflect the views of My Little Buddha, and My Little Buddha does not support or endorse User Content posted or submitted by you or any other user.

Monitoring
You acknowledge and agree that My Little Buddha is not responsible for User Content submitted to My Little Buddha or posted to the site by users. My Little Buddha is under no obligation to pre-screen, monitor, review or edit the User Content posted by users. However, you agree that My Little Buddha may monitor or review the User Content to (1) comply with any applicable laws, regulations or other government requests; (2) to operate the site properly or to protect itself and its users and other parties; and (3) for such other purposes as it may deem reasonably necessary or appropriate from time to time. My Little Buddha reserves the right to modify, reject or remove any User Content on the site that it, in its sole discretion, determines is inappropriate, offensive, unacceptable or in violation of these terms and conditions. My Little Buddha is not responsible for any failure or delay in removing such User Content. If you become aware of any User Content provided by any user that is infringing, offensive or otherwise inappropriate, you are encouraged to notify My Little Buddha at info@mylittlebuddha.com. My Little Buddha, in its sole discretion, may remove any User Content and cancel any user account that it deems to be infringing, offensive or otherwise inappropriate.

User Conduct
This site and any content, comment feature, communications service, chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site are provided to you solely for entertainment purposes. By using the site, you agree to provide accurate, truthful, and complete information about yourself as prompted by the registration process. You agree to update that information to maintain the information as accurate, truthful and complete. My Little Buddha may terminate your registration or deny you access to the Site if your information is inaccurate, untrue, or incomplete.

Without limitation of the foregoing, you agree to not use the site to:

• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any User Content that (1) is unlawful, harmful, threatening, embarrassing, offensive, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful, or (2) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any User Content that (1) you do not have a right to transmit under any law or under contractual or other applicable relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (2) infringes any intellectual property rights of any third party, (3) consists of or includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, or (4) contains software viruses, Trojan horses, worms, time bombs or any other malicious computer code, files or programs designed to interrupt, destroy, or limit the functionality of the site, or any computer software or hardware or telecommunications equipment, or surreptitiously intercept or expropriate any system, data or personal information;
• Impersonate any person or entity, including, but not limited to, a My Little Buddha official, or falsely state or otherwise misrepresent your affiliation with a person or entity, including without limitation, forging headers or otherwise manipulating identifiers in order to disguise the origin of any User Content transmitted to or through the site;
• Act in a manner that negatively affects other users’ ability to use or enjoy the site or otherwise engage in any activity that might adversely affect the site, including but not limited to actually or attempting to manipulate, corrupt or otherwise affect the content of the site or to disable or interfere with the availability of the Site;
• Intentionally or unintentionally violate these terms and conditions or any applicable local, state, national or international law; or
• Collect or store information (including without limitation, e-mail addresses) from or about the users of this site or use such information for any purpose inconsistent with the purpose of this site, including transmitting unsolicited bulk electronic mail or communications.

Permitted Use
You are authorized to access and use the site and its content solely for your personal, non-commercial use. Except as expressly permitted, you agree not to use the site for sale, trade or other commercial purposes, and you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the site.

Trademarks and Copyrights
All registered and/or unregistered trademarks, trade names and/or service marks (collectively, “Marks”) used or referred to on the site are the sole and exclusive property of My Little Buddha, unless otherwise noted. You agree not to use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without My Little Buddha’s prior written permission. The use of My Little Buddha’s Marks on any other web site is prohibited.

Except for User Content, all content, including but not limited to articles, stories, photos, video images, graphics, sounds, software, and code on the site (“Site Content”) is the sole and exclusive property of My Little Buddha, and is subject to copyright and other intellectual property protection. Site Content may not be displayed, reproduced, modified or used in any way except as expressly permitted by this Agreement, or with the prior written permission of My Little Buddha. Nothing herein shall be interpreted as granting any rights, title or interest in any of My Little Buddha’s intellectual property to you, or any third party. My Little Buddha respects the intellectual property rights of others, and requires that the people who use the site do the same. If you believe that your work has been copied or used on the site in a way that constitutes copyright infringement, please contact My Little Buddha at info@mylittlebuddha.com.

Unsolicited Materials
In operating this site, My Little Buddha does not solicit nor does it wish to receive any confidential, trade secret or proprietary information or other material from you through the site or in any other way. Any information or other material submitted or sent to My Little Buddha will be deemed not to be confidential, trade secret or proprietary.

Privacy
My Little Buddha collects information about the users of the site. Collection of this information is governed by and protected under My Little Buddha’s Privacy Policy. Please see our Privacy Policy for more information.

Third Party Links
This site may use content or provide links to third-party web sites that are not owned or controlled by My Little Buddha. You may be able to link to or access third parties’ sites (“Linked Sites”) from the site. Linked Sites are not, however, reviewed, controlled, or examined by My Little Buddha in any way and My Little Buddha is not responsible for the User Content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply My Little Buddha’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of use of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites. In no event shall My Little Buddha be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. My Little Buddha reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any reference or link to any of the Linked Sites from the site.

Parental Permission
This site is not intended to be a children’s site; therefore, some of the information may concern certain topics that may not be appropriate for children. My Little Buddha may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and My Little Buddha may limit access to certain content to users above a specified age. By using the site, you represent and warrant that you are of legal age and have the authority to agree to these terms and conditions, and not to help anyone avoid these restrictions.

Disclaimer
This site is designed to provide information. It is not a substitute for advice of your doctor, pediatrician or other health care professional. You should consult your doctor, pediatrician or other health care professional for all concerns and questions you may have. The information presented on the site is general in nature and may not be appropriate for your particular circumstances. My Little Buddha expressly disclaims responsibility for any and all adverse effects arising from the use or application of the information provided on the site.

Disclaimer of Warranties
While My Little Buddha will try to ensure that the site is accurate and useful to you, My Little Buddha makes no warranty or guarantee that the site will meet your requirements or that it will be uninterrupted, timely, secure or error free. My Little Buddha makes no warranty or guarantee as to the results that may be obtained from the use of the site or as to the accuracy or reliability of any information or materials obtained through the site. You are solely responsible for evaluating the site, and the information and materials provided thereon, and for determining whether or not to use them.

UNLESS EXPRESSLY STATED OTHERWISE, MY LITTLE BUDDHA PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
AS A USER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MY LITTLE BUDDHA SHALL NOT BE LIABLE FOR ANY LOSS OF DAMAGE, (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOST PROFITS) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF MY LITTLE BUDDHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUDING OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY.

Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these terms and conditions must be filed within one (1) year after such claim or cause of action arises or will be forever barred.

Amendment and Waiver
These terms and conditions may only be amended or waived in writing, signed by an officer of My Little Buddha. My Little Buddha may also revise this Agreement on a prospective basis by posting revised terms and conditions on the site. The waiver by either party of a breach or right under these terms and conditions will not constitute a waiver of any subsequent breach or right.

Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Reservation of Rights
Any rights not expressly granted herein are reserved by My Little Buddha.