Terms of Use & Privacy Policy

SMALLTHINGS.NET TERMS OF USE AGREEMENT

Effective Date: January 1st, 2009

We welcome you to Small Things.net (the “Website”), a service designed to create a community of inspired people dedicated to changing the world (the “Service”). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.

1. Acceptance of Terms. This Terms of Use Agreement (the “Agreement”) sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered on the Website). We recommend that you print or otherwise save this Agreement for your records. If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.

2. Member Registration Process and Obligations.

2.1 General Registration Requirements. If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s application form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Small Things reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Use of the Service and membership on the Website is void where prohibited.

2.2 Member Account, Password and Security. You will receive a password and account designation upon completing the registration process for the Service. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Small Things of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Small Things will not be liable for any loss or damage arising from your failure to comply with this Section 2.3.

3. Member Conduct and Content.

3.1 Prohibited Conduct. Small Things, a privately-owned company, has been created to advance and support positive change in the world. In keeping with the Small Things philosophy, you agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that:

- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
 
- harasses or advocates harassment of another person;
 
- exploits people in a sexual or violent manner;
 
- contains violence or offensive subject matter;
 
- solicits personal information from anyone under the age of eighteen (18);
 
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
 
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
 
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
 
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
 
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
 
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
 
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
 
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
 
- includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent.

3.2 Responsibility for Content. You, and not Small Things, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Small Things does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Small Things be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

3.3 Rejection/Removal of Content. You acknowledge that Small Things may or may not pre-screen Content posted on the Website, but that Small Things shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Small Things shall have the right to remove from the Website any Content that violates this Agreement or is otherwise objectionable, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Services by any person, please contact Small Things.

3.4 Preservation/Disclosure. You acknowledge, consent and agree that Small Things may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Small Things, its Members and the public. Under no other circumstances will Small Things disclose your account information to any third party.

3.5 Security Components. You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Small Things and/or content providers who provide content to Small Things. You may not attempt to override or circumvent any such security components and usage rules embedded into the Website.

3.6 Non-commercial Use. The Service is for the personal use of Members only and may not be used in connection with any commercial purposes, except as specifically approved by Small Things. Unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges.

3.7 Small Things and Third Party Content. The Website contains Content of Small Things (“Small Things Content”), which is protected by copyright, trademark, patent, trade secret and other laws, and Small Things owns and retains all rights in the Small Things Content. Small Things hereby grants to you a limited, revocable, non-sublicensable license to reproduce and display the Small Things Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Service. The Website also contains Content of other Members and other Small Things licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Website.

3.8 International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

4. Privacy Policy. Small Things respects your privacy and permits you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here below. The Privacy Policy is expressly incorporated into this Agreement by this reference.

5. Copyright Policy. Small Things has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website or with the Service. Small Things has adopted a policy that provides for the immediate suspension and/or termination of any Website or Service user who is found to have infringed on the rights of Small Things or of a third party, or otherwise violated any intellectual property laws or regulations. Small Things’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Small Things to delete, edit, or disable the material in question, you must provide Small Things with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Small Things to locate the material; (d) information reasonably sufficient to permit Small Things to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Small Things at: .(JavaScript must be enabled to view this email address)

6. Member Disputes. You are solely responsible for your interactions with other Members. Small Things reserves the right, but has no obligation, to monitor disputes between you and other Members.

7. Affiliated Websites. Small Things has no control over, and no liability for any third party websites or materials. Small Things works with a number of partners and affiliates whose websites may be linked with the Website. Because Small Things has no control over the content and performance of these partner and affiliate websites, Small Things makes no guarantees about the accuracy, currency, content, or quality of the information provided by such third party websites, and Small Things assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites.

8. Term and Termination. This Agreement shall remain in full force and effect while you use the Website or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the My Account page. Small Things reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Small Things believes that you have breached any of the terms of this Agreement, furnished Small Things with false or misleading information, or interfered with use of the Website or the Service by others. The terms of Sections 9 -13 shall survive termination of this Agreement and your use of the Service.

9. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

9.1 Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Small things and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

9.2 Small Things and its affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; and (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations.

9.3 Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

10. Limitation on liability. In no event shall small things be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the service, even if small things has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Small Things’ liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to small things for the services.

11. Exclusions and limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of sections 9 and 10 may not apply to you; all other provisions of the agreement remain in full force and effect.

12. Indemnity. You agree to indemnify, defend, and hold harmless Small Things, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Small Things will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

13. Miscellaneous.

13.1 Entire Agreement. This Agreement, together with any other terms or policies referenced herein, constitutes the entire agreement between you and Small Things and governs your use of the Service, superseding any prior agreements between you and Small Things with respect to the Service.

13.2 Choice of Law and Forum. This Agreement and the relationship between you and Small Things shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Small Things agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.

13.3 Waiver and Severability of Terms. The failure of Small Things to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

13.4 No Right of Survivorship and Non-Transferability. You agree that your membership account is non-transferable and any rights to your membership ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

13.5 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13.6 Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

If you have any questions regarding this Agreement, please contact us by email at .(JavaScript must be enabled to view this email address)


SMALLTHINGS.NET PRIVACY POLICY

Effective Date: January 1st, 2009

1. PURPOSE OF POLICY. Small Things is committed to respecting the privacy rights of its customers and other users or visitors of the SmallThings.net Website (this “Website”). We created this Privacy Policy (this “Policy”) to give you confidence as you visit and use the Website, and to demonstrate our commitment to fair information practices and the protection of your privacy. This Policy is only applicable to this Website, and not to any other Websites that you may be able to access from this Website, each of which may have data collection and use practices and policies that differ materially from this Policy.

2. What information does SMALL THINGS collect?

2.1. ANONYMOUS INFORMATION COLLECTED.

2.1.1. TRAFFIC DATA. We automatically track and collect the following categories of information when you visit this Website: (1) IP addresses; (2) domain servers; (3) types of computers accessing this Website; and (4) types of web browsers used to access this Website (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving the services we offer on this Website.

2.1.2. COOKIES. From time to time, we may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer about your visit to this Website. We do not set any personally identifiable information in cookies, nor do we employ any data capture mechanisms on this Website other than cookies. Cookies help us learn which areas of this Website are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at this Website may be diminished and some features may not work as they were intended.

2.2. PERSONAL INFORMATION COLLECTED.

2.2.1. PERSONAL INFORMATION. In order for you to access certain services and/or to purchase products that we offer via this Website, we may request that you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) “Contact Data” (such as your name, mailing address, and e-mail address); (2) “Financial Data” (such as your account or credit card number); and (3) “Demographic Data” (such as your zip code, age, and income). If you communicate with us by e-mail, post messages to any of our boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information.

2.2.2 OPT-OUT. You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of this Website; however, you will not be able to access and use those portions of this Website that require your Personal Information. If you do not wish to receive information and promotional material from us or from some of our partners, you may select the appropriate “opt-out” option each time we ask you for Personal Information.

3 What does SMALL THINGS do with collected information?

3.1. ANONYMOUS INFORMATION. We use Traffic Data to analyze our Website traffic, but we do not examine this information for individually identifying information. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer this Website, or to display the content according to your preferences. Traffic Data and other anonymous information collected may also be shared with business partners and advertisers on an aggregate and anonymous basis.

3.2. PERSONAL INFORMATION.

Except as otherwise provided in this Policy, we will not sell, rent or otherwise share your Personal Information with any third parties without your consent, except as necessary to provide you with the services offered by us or to comply with the law. We may use your Personal Information to verify your identity, to check your qualifications, or to follow up with transactions initiated on this Website. We may also use your Contact Data to inform you of any changes to this Website, or to send you additional information about Small Things. If you give your permission during the account registration process, we may share your contact information with our business partners or other companies so that they may send you promotional materials.

3.3. DISCLOSURE OF PERSONAL INFORMATION. We may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Small Things or its parent company, subsidiaries or affiliates, (2) protect and defend the rights or property of Small Things, its parent company, subsidiaries or affiliates or the users of this Website, or (3) act under exigent circumstances to protect the safety of the public or users of this Website.

3.4. SALE OF SMALL THINGS. In order to accommodate changes in our business, anonymous information or Personal Information collected on this Website may be transferred as part of a sale of Small Things or of substantially all of its assets.

4. Security.

This Website has security measures in place to prevent the loss, misuse, and alteration of the Personal Information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

5. Website Areas Beyond SMALL THINGS’ Control.

5.1. Third Party Websites. This Website may contain links to other Websites. If you choose to visit such other Websites, we are not responsible for the privacy practices or content of those other Websites, and it is your responsibility to review the privacy policies at those Websites to confirm that you understand and agree with their policies.

5.2. Public Forums. This Website may include interactive forums such as message boards and chat rooms. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

6. Contact Information and Policy Updates.

6.1. Contacting Us. If you have any questions about this Policy, our practices related to this Website, or if you would like to have us remove your Personal Information from our database please contact us at the following: .(JavaScript must be enabled to view this email address)

6.2. Updates AND CHANGES. We reserve the right, at any time, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on this Website and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on this Website. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms.

7. Notice Concerning Children. This Website is a general audience Website, and we do not direct any of our content specifically at children who are under thirteen (13) years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user of this Website is under the age of thirteen (13), we will promptly delete any personal information about that user.

Copyright © 2009 Small Things, Inc. All rights reserved.

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