LITTLESOULACADEMY TERMS AND CONDITIONS

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Thank you for visiting the Little Soul Academy™ website located at www.littlesoulcreations.com (the “Website”). The Website is an Internet property of Little Soul Academy™(“Little Soul Academy™,” “we,” or “us”). You agree to the following Terms and Conditions (“Terms and Conditions”), in their entirety, when you: 1) access or use our Website and/or our Services (as defined hereinbelow); 2) register for one of our promotional offers and/or contests that may be offered by the Website from time to time (“Promotions”). The Terms and Conditions are inclusive of the Little Soul Academy™ Privacy Policy (“Privacy Policy”) and any and all other applicable Little Soul Academy™ operating rules, policies and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Services and/or Website in any manner or form whatsoever.

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1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Services and/or Website. The Agreement constitutes the entire and only agreement between you and Little Soul Academy™ with respect to your use of the Services and/or Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, the content contained therein and/or the products and services provided by or through same. Little Soul Academy™ may change the Agreement, and the scope and functionality of the Services, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued use of the Services and/or Website following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement. You understand and agree that Little Soul Academy™ is not responsible or liable in any manner whatsoever for your inability to use the Services and/or Website.

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2. Description of the Website & Services. The Website enables users to view and/or submit consumer product ratings; view and comment on any Website columns; view editorial reviews of products; view, add names and/or submit ratings to the Baby Name Database; view information and/or videos on topics that may be of interest to users; enter any Promotions; and other information and/or services that may be available at the Website (collectively, the “Services”). Columns, column comments and consumer product reviews (collectively, “Third Party Content”) should not necessarily be relied upon. Such Third Party Content providers and/or distributors are solely responsible for the accuracy, completeness, appropriateness or usefulness of such material. Little Soul Academy™ does not represent or warrant that the Third Party Content and/or other information posted by third parties is accurate, complete or appropriate. You understand and agree that Little Soul Academy™ will not be responsible for, and Little Soul Academy™ undertakes no responsibility to monitor or otherwise police, such Third Party Content and other information. You agree that Little Soul Academy™ shall have no obligation and incur no liability to you in connection with any such columns, column comments and/or consumer product reviews. Further Little Soul Academy™ undertakes no responsibility to monitor or otherwise police the columns, column comments or consumer product reviews. Please use caution, common sense and safety when using the Website. You are solely responsible for your interactions with other Website-users including, but not limited to, Third Party Content providers and/or other third parties. Because we are not involved in Website-user interactions, in the event that you have a dispute with one or more Website-users, Third Party Content providers and/or other third-parties, you hereby release Little Soul Academy™ including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and 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. Little Soul Academy™reserves the right, but has no obligation, to monitor disputes between you and other Website users, Third Party Content Providers and/or other third parties. If you would like to register a complaint, notify Little Soul Academy™ of a dispute or notify us of inaccurate or misleading information appearing on the Website or otherwise through the Services, please feel free to contact us at contact@littlesoulcreations.com.

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3. Third Party Content. Little Soul Academy™ reserves the right to prohibit any conduct by users or to remove any materials or content posted by users on the Website including, but not limited to, product ratings and column comments, that Little Soul Academy™ deems, in its sole and absolute discretion, to be in violation of the Agreement or which Little Soul Academy™ believes to be illegal, potentially harmful to others, otherwise objectionable or that may expose Little Soul Academy™ to harm, damage to reputation or liability. Notwithstanding the foregoing, Little Soul Academy™ undertakes no responsibility to monitor or otherwise police the content posted by users and other third parties. The Website may contain comments, opinions and other content that are provided directly by users and other third parties. You agree that Little Soul Academy™ shall have no obligations and incur no liabilities to you in connection with any such content, information, analyses or opinion appearing on the Website. Little Soul Academy™ does not represent or warrant that the content posted on the Website is accurate, complete or appropriate. You understand and agree that Little Soul Academy™ is not responsible or liable in any manner whatsoever for your inability to use the Website and/or Services. You understand and agree that Little Soul Academy™ shall not be liable to you, any end-users or any third party for any claim in connection with any of the Services including, without limitation, the Promotions, Third Party Content, columns and column comments.

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4. License Grant. Users grant to Little Soul Academy™ a royalty free, worldwide license to display on, and distribute through, the Website, or in any medium as otherwise determined by Little Soul Academy™ the product ratings, and/or column comments (“User License). The User License shall last as long as the Website and Services remain active. As a user, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website. Little Soul Academy™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Little Soul Academy™, as a user, you may only use the Website and Services for your own personal use. No part of the Website including, but not limited to, the content, Promotions, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, content, Promotions,  and/or any portion thereof. Systematic retrieval of content, Promotions, or other content from the Website by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Little Soul Academy™ is prohibited. You may not create any “derivative works” by altering any aspect of the Website, content, Promotions. You may not use the Website, content, Promotions, in conjunction with any other Third Party Content. You may not exploit any aspect of the Website, content, Promotions, for any commercial purposes not expressly permitted by Little Soul Academy™.  Little Soul Academy™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure. You further agree to indemnify and hold harmless Little Soul Academy™ for your failure to comply with this Section 4.

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5. Proprietary Rights. The Website, content or any and all other material posted or made available by and through the Website including, but not limited to, the design, selection, arrangement and coordination of such content and/or Services on the Website is owned or licensed by or to Little Soul Academy™, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Website, content, or other material posted or made available by and through the Website may be reproduced, recorded, re-transmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Little Soul Academy™’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Website, content, or other material posted or made available by and through the Website or any document, software, services or other materials viewed at or through the Website. The posting of information or material at the Website by Little Soul Academy™ does not constitute a waiver of any right in such information and materials. Little Soul Academy™ reserves all rights not expressly granted hereunder.

The “Little Soul Academy” name and logo are trademarks of Little Soul Academy™.  All custom graphics, icons and service names are trademarks of Little Soul Academy™.  All other trademarks are the property of their respective owners. The use of any Little Soul Academy™ trademark without Little Soul Academy™’s express written consent is strictly prohibited.

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6. Representations and Warranties. Users and/or Promotion participants, as applicable, hereby represent and warrant to Little Soul Academy™ as follows: (i) the Agreement constitutes such party’s legal, valid and binding obligation which is fully enforceable against such party in accordance with its terms; (ii) such party’s use of the Services or other participation on the Website will not conflict with or violate: (a) any provision of law, rule or regulation to which such party is subject; (b) any order, judgment or decree applicable to such party; (c) any provision of such party’s corporate by-laws or certificate of incorporation, if applicable; or (d) any agreement or other instrument applicable to such party; (iii) there is no pending or, to the best of such party’s knowledge, threatened claim, action or proceeding against such party; (vi) such party will be solely responsible for complying with the terms and conditions of the Agreement; and (vii) that he or she has the right to submit any content posted at the Website, that such submission does not violate any third party’s rights, and that he or she agrees to hold Little Soul Academy™  harmless from and against any and all liability arising out of such submission.

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7. Bypassing or Disabling any Portion of the Website Services or Software. If you bypass or disable any portion of the Services, Website or associated software including, without limitation, the blocking of cookies, product reviews or column comments submitted by other users, you are in violation of the Agreement and Little Soul Academy™ may suspend or terminate your use of the Website and/or Services without notice. Termination of your use of the Website and/or Services will not excuse you from any criminal or other civil liabilities that may result from your actions.

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8. Indemnification. You agree to indemnify and hold Little Soul Academy™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners and advertisers, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website in any manner whatsoever; (b) your breach of the Agreement; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Little Soul Academy™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

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9. Disclaimer of Warranties. THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PROMOTIONS, VIDEOS, PRODUCT REVIEWS, BABY NAME DATABASE, COLUMNS, COLUMN COMMENTS, THIRD PARTY CONTENT, ANY PRODUCTS AND/OR SERVICES FEATURED ON THE WEBSITE (AND THE ASSOCIATED DESCRIPTIONS) AND THE SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, LITTLE SOUL ACADEMY™ MAKES NO WARRANTY THAT THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PROMOTIONS, VIDEOS, PRODUCT REVIEWS, BABY NAME DATABASE, COLUMNS, COLUMN COMMENTS, THIRD PARTY CONTENT, ANY PRODUCTS AND/OR SERVICES FEATURED ON THE WEBSITE (AND THE ASSOCIATED DESCRIPTIONS) AND/OR THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PROMOTIONS, VIDEOS. PRODUCT REVIEWS, BABY NAME DATABASE, COLUMNS, COLUMN COMMENTS, THIRD PARTY CONTENT AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. LITTLE SOUL ACADEMY™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE OR FOR ANY FAILURE TO UPDATE THE PRODUCT REVIEWS, BLOGS OR BLOG COMMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LITTLE SOUL ACADEMY™, ANY USER, THIRD PARTY CONTENT PROVIDERS OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

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10. Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LITTLE SOUL ACADEMY™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LITTLE SOUL ACADEMY™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PROMOTIONS, VIDEOS, PRODUCT REVIEWS, BABY NAME DATABASE, COLUMNS, COLUMN COMMENTS, THIRD PARTY CONTENT, ANY PRODUCTS AND/OR SERVICES FEATURED ON THE WEBSITE (AND THE ASSOCIATED DESCRIPTIONS) AND/OR THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR CONTENT PURCHASED OR OBTAINED FROM OR FEATURED ON THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) ANY FAILURE TO UPDATE THE BABY NAME DATABASE, PRODUCT REVIEWS, COLUMNS OR COLUMN COMMENTS; AND (E) ANY OTHER MATTER RELATING TO THE WEBSITE, ANY INFORMATION CONTAINED HEREIN, THE CONTENT, PROMOTIONS, VIDEOS, PRODUCT REVIEWS, BABY NAME DATABASE, COLUMNS, COLUMN COMMENTS, THIRD PARTY CONTENT, ANY PRODUCTS AND/OR SERVICES FEATURED ON THE WEBSITE (AND THE ASSOCIATED DESCRIPTIONS) AND/OR THE SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE LITTLE SOUL ACADEMY™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF LITTLE SOUL ACADEMY™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED ($500) DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PROMOTIONS, VIDEOS, PRODUCT REVIEWS, COLUMNS, COLUMN COMMENTS, THIRD PARTY CONTENT, ANY PRODUCTS AND/OR SERVICES FEATURED ON THE WEBSITE (AND THE ASSOCIATED DESCRIPTIONS) AND/OR THE SERVICES MAY BE BROUGHT BY YOU OR LITTLE SOUL ACADEMY™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LITTLE SOUL ACADEMY™. ACCESS TO THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions Little Soul Academy™’s liability shall be limited to the maximum extent permitted by law.

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11. Third Party Websites. The Services and Website may contain links to other websites on the Internet that are owned and operated by third parties. Little Soul Academy™ does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Little Soul Academy™ of the applicable website or any association with the website’s operators. Because Little Soul Academy™ has no control over such websites and resources, you agree that Little Soul Academy™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third-parties. Any dealings with, or participation in promotions offered by, advertisers on the Website and/or other third-parties, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Little Soul Academy™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such third party website or any such dealings or promotions.

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12. User Information. Except where expressly provided otherwise by us in the Agreement, and subject to the Privacy Policy, all Registration Data and/or materials that you submit through or in association with this Website shall be considered non-confidential. For a copy of the Privacy Policy, please Click Here. By submitting such Registration Data and/or materials to us, you: (i) represent and warrant that Little Soul Academy™’s use of your submission does not and will not breach any agreement, violate any law or infringe any third party’s rights; (ii) agree that Little Soul Academy™ is free to use, in any manner, all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (iii) grant Little Soul Academy™ all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all Registration Data and/or materials, in whole or in part, or as a derivative work, without any duty by Little Soul Academy™ to anyone whatsoever. Little Soul Academy™ does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works or materials.

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13. Miscellaneous.

The Agreement is the entire agreement between the parties pertaining to its subject matter, and supersedes all prior written or oral agreements (including prior versions of the Agreement and any conflicting confidentiality agreements), representations, warranties or covenants between the parties with respect to such subject matter. There are no third party beneficiaries of the Agreement. The headings of sections or other subdivisions of these Terms and Conditions will not affect in any way the meaning or interpretation of these Terms and Conditions.

The Agreement will be binding on, inure to the benefit of, and be enforceable against, the parties and Little Soul Academy™’s successors and assigns. You are not permitted to transfer any rights and/or obligations pursuant to the Agreement without the express written consent of Little Soul Academy™. Any attempt to do so will result in the immediate termination of your access to the Website and Services.

Little Soul Academy™ may provide notices to users by posting notices or links to notices on the Website. Notices to users may also be made via e-mail, regular mail, overnight courier or facsimile at the user’s contact address of record as set forth by that party on the applicable registration. If users wish to provide notice to Little Soul Academy™, such notice shall be sent, postage prepaid by registered or certified mail or by international or domestic overnight courier, to: Little Soul Academy™., 9-228 Theodore Place NW Calgary, Alberta T2K 5S1 CANADA. Notices sent by email or telecopy, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in writing by authorized Little Soul Academy™ personnel.

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14. How to Contact Us. Our “Contact” page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read, as applicable, every message sent in and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about the Agreement or the practices of Little Soul Academy™, please feel free to contact us at contact@littlesoulacademy.com.