Terms of Service

Account

To use our Services, you may need to register for an account (an “Account”). You must provide current, accurate identification, contact, and other information that may be required as part of the Account registration process and continued use of the Service, and you must keep your Account information updated. You are responsible for maintaining the confidentiality of your password, and are solely responsible for all activities that occur on your Account. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. We will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason.

Placing Orders

(a) Placing an order. All orders are subject to availability and confirmation of the order price. If your order is accepted, we will inform you by email and will confirm the identity of the third-party that will deliver the 3D Model if it is not Little You. Any order delivered by a third-party may be subject to the terms of sale and delivery for that third-party. Delivery times for orders may vary according to availability and factors that are beyond the control of Little You or the third-party that is fulfilling the order. You must provide true and accurate payment information in placing an order and have sufficient means of payment to fulfill the payment. When you place an order, you will receive a confirmation email that only confirms that an order has been placed. When the order is delivered, you will receive a delivery confirmation email.

(b) Unacceptable orders, cancellation of orders by us. In general, if a 3D Model is listed as available on the Website, it can be produced and delivered. However, there could be technical or other reasons why your order may need to be cancelled even after our acceptance. Such reasons include the unfeasibility of the model, an infringement claim, or the destination of the delivery you indicated in your order. If we cancel your partial or entire order, we will contact you via email and, except in cases of fraud or other violations of our policies, issue you a full refund for the cancelled item(s).

(c) Prices. The prices displayed on the Website are only indications and are valid only for the moment that they are displayed. We reserve the right to change our prices on the Website at any time without prior notice to you. However, such changes will not affect orders completed before the posting of a new price on the Website. We do our best to prevent errors in the pricing, but if an error occurs, we are not bound by our offer and may cancel the order. In the event of an error, any fees paid related to that order will be refunded to you. If you cancel the order based on a change in the pricing displayed on the Website, we will issue a refund to you.

(d) Payment. The price indicated on the Website does not include shipping costs, or if applicable, sales taxes or any import duty or taxes. If you pay in a currency that is different from the denominated currency of your payment method, your payment company (such as your credit or bank card issuer) or third-party payment processor may apply a currency conversion rate or fees to your payment. Please contact your provider for information about these fees. These fees are not controlled by or known to Little You. Payment can be made by credit or debit card only through PayPal. Little You is not responsible in any way for the payment process done via the PayPal.com website. Please familiarize yourself with PayPal’s terms of use.

(e) Shipping. Your order will be delivered to your shipping address. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred to you upon transfer of the goods from Little You to the shipment carrier (FOB Shipping Point, EX Works).

(f) Cancellation of your order. Due to the personalized nature of the Services, you cannot cancel your order after it goes into production and we will not provide any refunds once the order has gone into production.

Warranty and Disclaimer

Little You warrants only that the model manufactured by us will substantially meet the features of the indicated 3D Model within the limitations of the 3D printing technology. Little You does not give any warranty about the 3D Models themselves and does not guarantee that the 3D Model will be fit for any particular purpose.

We make no representations concerning any content (including without limitation 3D Models) contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content (including without limitation 3D Models) contained in or accessed through the Website or the Services.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

PLEASE NOTE THAT, UNLESS OTHERWISE STATED IN THE DESCRIPTION FOR A SPECIFIC MATERIAL, THE MATERIALS WE USE FOR MANUFACTURING THE 3D MODELS MAKE THE 3D MODELS SUITABLE ONLY FOR DECORATIVE PURPOSES AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE. THE 3D MODELS ARE NOT SUITABLE FOR CHILDREN AND INFANTS UNDER THE AGE OF 7 AND 3D MODELS MAY INCLUDE SMALL PARTS. THE 3D MODELS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT.

Use of the Website

Copyright and all other proprietary rights in the content of the Website and the Services (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) is owned by Little You or its licensors. All rights in the content not expressly granted herein are reserved.

In using the Website and the Services, you agree not to:

use any robot, spider, or other automated device to drive traffic to a specific model or page in order to manipulate where that model appears on the Website;
abuse, harass, threaten, impersonate or intimidate any person;
post or transmit, or cause to be posted or transmitted, any content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
use the Service or the Website for any purpose that is not permitted under the laws of the jurisdiction where you use the Services;
post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any Little You user;
create or transmit unwanted ‘spam’ to any person or any URL;
create multiple accounts;
post or upload content that does not belong to you or that you do not have the right to post or upload;
advertise to, or solicit, any user to buy or sell any third-party products or services, or to use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; or
sell, assign or otherwise transfer your profile.

The Website and the Service may not always be available. We will use commercially reasonable efforts to ensure that the Website operates reliably and consistently, but we cannot warrant that the Website will operate uninterrupted without any faults. We reserve the right to, but do not have any obligation to (i) remove, edit or modify any content (including without limitation any 3D Models) in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms of Service), or for no reason at all; or (ii) remove or block any content (including without limitation any 3D Models) from the Services. We are not responsible for any losses incurred due to any interruption of the Website, or your inability to access to the Website.

Users are granted a non-exclusive, non-transferrable license to use 3-D Models solely for personal purposes, and users are not permitted to commercially exploit 3-D Models in any manner or media without obtaining prior written consent from Little You.

User Generated Content

The term “User Generated Content” when used in these Terms of Service means any content uploaded to the Website, the Application or the Services by you, including but not limited to all uploaded 3D Models, pictures of 3D Models, 3D Model specifications, comments on the Website, as well as the printed 3D Model we create based on your User Generated Content. All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights. Intellectual property rights include without limitation copyright, patent, registered design, design right, trademark, trade secret, rights of publicity or privacy, or any other proprietary right.

Little You has no obligation to review the User Generated Content and can in no way be held responsible for the content of the User Generated Content. Opinions or views expressed through User Generated Content are not necessarily the opinion of Little You.

By submitting User Generated Content through the Services or Website, you hereby grant Little You a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, transfer, sell and otherwise fully exploit the User Generated Content in connection with the Website, the Applications, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website, the Applications or the Services (and derivative works thereof) in any media (including, without limitation, third party websites and feeds). You also hereby grant each user of the Website, the Applications, or the Services a non-exclusive license to access your User Generated Content through the Website, the Applications or the Services for personal use only. You represent and warrant that you have all rights to grant such licenses to Little You and its users without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement

Little You has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. Little You reserves the right to remove any content or communications that allegedly infringes another person’s copyright. Little You will terminate, in appropriate circumstances, users who are repeat infringers of another person’s copyright. Notices to Little You regarding any alleged copyright infringement should be directed to Little You via email at: contact@littleyou.ca

Filing a DMCA Notice to Remove Copyright-Protected Content

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where on the website the material that you claim is infringing may be found, sufficient for Little You to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law and is not a fair use;
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
Your electronic or physical signature.
Filing a DMCA Counter-Notice to Restore Content Removed from the Website
If you believe that your material has been removed by mistake or misidentification, please provide Little You with a written counter-notification containing the following information:
Your name, address, telephone number, and email address;
A description of the material that was removed and the location on the website (e.g., the URL) where it previously appeared;
A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which you may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
Your electronic or physical signature.

Intellectual Property Rights in 3D Models

Little You retain all intellectual property rights in any 3D Model that you created or designed.

By removing your 3D Model from the Services, Little You is entitled to use your 3D Model to fulfill pending orders of your 3D Model that were placed before the removal. Any rights granted prior to your removal of the 3D Model cannot be rescinded or revoked by you, including without limitation, the sale of any 3D Models to any users.

Personal Use License

(a) Grant of License. Little You has been authorized by its third party licensors to grant licenses to the 3D Models. Little You hereby grants to you a worldwide non-exclusive, royalty fee, non-transferable, non-assignable, non-sub-licensable license for the license term.

(b) Your use. Personal use license shall entail you i.e. educator and/or parent having the permission to print at home the 3D models. In addition to that you are restricted from reproducing the same for sale and any other commercial purpose for both digital and physical models.

(c) Prohibitions. You understand that the product may not be sold, given or assigned to another person or entity in the form it is downloaded from the Little You site or in 3D printed physical form. The purchased product is contained in a proprietary format and displayed inside the game during play. However, the same is not to be re-packaged as goods to be distributed or sold inside a virtual world.

By using the Services, you agree that Little You may collect, process and use personal data about you. Such information collected through the Services shall only be used in accordance with our Privacy Policy.

Third-Party Services

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Indemnification

You shall defend, indemnify, and hold harmless to Little You, our affiliates, vendors, and each of our and their respective employees, contractors, directors, shareholders, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, content, or otherwise from your User Generated Content, 3D Models, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right, claim or action, including but not limited to personal injury or property damage of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND (HOWSOEVER ARISING) , (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) THE FEE RECEIVED FROM YOU BY LITTLE YOU FOR THE USE OF THE SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTHS PERIOD OR (B) $250.00.

Applicable Law

These Terms of Service and the use of Services shall be governed by the laws of the Province of Ontario, Canada, without regard to the conflicts of law principles. You agree that any and all disputes arising from or relating to the subject matter of these Terms of Service, including disputes relating to the validity thereof, and any disputes related to the use of the Services or the Website, shall be governed by the exclusive jurisdiction and venue of the provincial and federal courts located in Toronto, Ontario, Canada.

Entire Agreement

The terms in these Terms of Service, as well as any applicable terms, conditions, policies, requirements or limitations contained in the Services constitute the exclusive and complete agreement between Little You and you.

General

(a) Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

(b) Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.

(c) Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

(d) Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to contact@littleyou.ca

(e) Severability. The invalidity or unenforceability of any provisions of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service, which shall remain in full force and effect.

Contact Information

If you have any questions regarding these Terms of Service or the Services, you can contact us at contact@littleyou.ca