Terms and Conditions

Terms of Use

Effective Date: 11/01/2013

Welcome to our websites located at www.littlemammoth.com and other connected or related sites owned and operated by Little Mammoth Media (“Little Mammoth”). The websites are owned, operated and made available to you by VanDerKloot Film and Television, located at 750 Ralph McGill Blvd. Atlanta, GA 30312. Littlemammoth.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of littlemammoth.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Please be aware that we reserve for ourselves the right to change, add to or delete portions of these Terms of Use at any time by posting such changes on the Sites and posting a notice that the Terms of Use have been modified as of a particular date. At all times, your continued access and use of the website signifies your agreement to be bound by these Terms of Use, as updated. In addition, we reserve for ourselves the right to, without further notice to you, obligation or penalty, suspend or terminate the operation of the Sites, or any portion thereof, at any time.

SALES, PAYMENTS AND REFUND POLICY

You agree that you will pay for all products you purchase through the Website, and that Little Mammoth (VanDerKloot Film and Television) may charge your payment method for any products purchased and for any additional amounts (including any taxes, as applicable) that may be accrued by or in connection with your purchase.

Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase the product.

All sales of products are final.

Prices for products may change at any time, and the Website does not provide price protection or refunds in the event of a price reduction or promotional offering.

If technical problems prevent or unreasonably delay delivery of your product, please contact us at Little Mammoth to receive assistance.

Amazon Simple Pay®, Amazon Payments
Amazon Simple Pay is a registered service mark of Amazon.com, Inc., used under license. Amazon Simple Pay is a convenient feature that allows you to make a purchase from littlemammoth.com and pay securely using your Amazon.com account.

You will be redirected to amazon.com and required to create or log-in to your Amazon.com account to make any purchases of Little Mammoth Products.

Proprietary Rights and Authorized Uses.

All materials contained in the Sites are the copyrighted property of VanDerKloot Film and Television, LLC. The Website and all the content contained thereon or accessible through it (including, without limitation, text, images, photographs, graphics, artwork, music, audio clips, video clips, software, logos, trademarks and trade names), the Sites’ look and feel, its design and organization, the arrangement, collection and compilation of the foregoing (collectively, the “Site Content”) and all the intellectual property rights embodied in or arising from any of the foregoing (including without limitation, copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other proprietary rights) (collectively, the “IP Rights”) are and shall remain the sole and exclusive property of VanDerKloot Film and Television (including its parent companies, subsidiaries or affiliates) or its licensors. Your use of the Sites shall not be deemed to grant you any ownership rights in any of the Site Content or any of the IP Rights. Moreover, VanDerKloot Film and Television is not granting to you any express or implied license to use any of the foregoing except to the extent expressly permitted as follows: You may access, view and use the Site Content on your personal computer or other Internet-compatible device and make single copies or prints of such Site Content for your personal, non-commercial use only, provided that you do not erase, delete, remove or otherwise modify or tamper with any of the proprietary notices affixed to such Site Content, and further provided that you do not make copies of, or attempt to make copies of, or store or attempt to store on your computer or other device, any audio or video that is provided in streamed format. Any other use of the Site Content is subject to VanDerKloot Film and Television’s express written authorization and any additional terms and conditions provided with such authorization only. Except as permitted above, you may not otherwise copy, reproduce, distribute, publish or otherwise exploit the Website, any of the Site Content or any of the IP Rights. Any commercial use, distribution, publishing or exploitation of the Sites or the Site Content by you (including, without limitation, via framing or linking to the Sites or through commercial transactions such as the reselling or redistribution of images or other Site Content available on the Sites) is strictly prohibited. You are advised that VanDerKloot Film and Television will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. YOU ONLY HAVE A LIMITED RIGHT TO USE THE SITES IN ACCORDANCE WITH THESE TERMS OF USE. If you make any unauthorized use of the Website or the Site Content, you may violate copyright law, other laws of the United States, the laws of other countries, international treaties and applicable state laws and you may be subject to liability for any such unauthorized use.

Personally Identifiable Information.
In the course of your use of the Website, you may be asked to provide certain personally identifiable information to us. Our information collection and use policies with respect to the privacy of such personally identifiable information are set forth in the Sites’ Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of your personally identifiable information. We cannot and do not guarantee the security of any of the personally identifiable information that you transmit online.

Your Conduct on the Site.
You warrant and agree that you will not, while using the Website: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information or other material); (iii) engage in “mailbombing”, “spamming”, “flooding”, harvesting of e-mail addresses or other personal information, “spidering”, “screen scraping”, “database scraping” or any other activity with the purpose of obtaining lists of users or other information or send chain letters or pyramid schemes via the Sites; (iv) attempt to gain unauthorized access to other computer systems through the Website; (v) use the Website in any manner that could damage, disable, overburden or impair the Sites or interfere with any other person’s use and enjoyment of the Website; (vi) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website; or (vii) monitor any portion of the Website or any Site Content. Little Mammoth (VanDerKloot Film and Television) will fully cooperate with any law enforcement authorities or court order requesting or directing Little Mammoth to disclose the identity of anyone posting any such information or materials or participating in any such activity.

Links to Third Party Online Merchants.
Through the Website, we may provide links to certain unaffiliated third party websites on which products and services may be made available for you to purchase. Some of these products may be Little mammoth’s BIG Adventure Series™ products. However, when you link to these third party sites and make purchases through them, your relationship is between you and the third party merchant, and not between you and littlemammoth.com. We have no responsibility or obligation with respect to such purchases that you may make on third party websites, and you will be subject to their own policies, terms and conditions and privacy policies.

Website
You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising or other materials, which may or may not be provided by or through websites to which you may link from the Sites (collectively, the “Linked Sites”). Little Mammoth has not reviewed all of the Linked Sites and is not responsible for the content of any Linked Website or any other sites linked to the Website. Links to the Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising or other materials presented on or through such websites. Your linking to any Linked Site or other off-Sites pages or other sites is at your own risk.

DISCLAIMER OF WARRANTIES.
THIS WEBSITE (INCLUDING THE SITE CONTENT AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE, IF ANY) ARE BEING PROVIDED, DISTRIBUTED AND TRANSMITTED ON AN “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING INFORMATION, AVAILABILITY, UNINTERRUPTED ACCESS OR OPERATION, LACK OF VIRUSES OR OTHER INFECTION AGENTS, TIMELINESS, ACCURACY, SECURITY OR USEFULNESS OF THESE SITES, THE SITE CONTENT OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITES, IF ANY, AND WITHOUT ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR AFFILIATES AND LICENSORS HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE MAKE NO WARRANTY THAT THE SITES, THE SITE CONTENT OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITES, IF ANY, WILL MEET YOUR REQUIREMENTS. NO CONTENT OR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL LITTLE MAMMOTH, ITS PARENT, SUBSIDIARIES, AFFILIATES OR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS OR ANY OTHER OF ITS OR THEIR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF PROFITS OR LOSS OF SALES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THESE SITES, THE SITE CONTENT OR THE FUNCTIONS CONTAINED ON OR RELATED THERETO, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THESE SITES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID DIRECTLY BY YOU TO LITTLE MAMMOTH IN DIRECT EXCHANGE FOR YOUR USE OF THE WEBSITE.

Indemnification.
You agree to defend, indemnify and hold VanDerKloot Film and Television, LLC and the Protected Entities harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any personally identifiable information, Submitted Materials or any other message, content, information or other materials through the Website, any breach by you of any of these Terms of Use, or any violation by you of any law.

Applicable Laws.
We control and operate the Website from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous.
The Terms of Use and the relationship between you and us shall be governed by the laws of the State of Georgia, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of Georgia, County of Dekalb. You agree to submit to the personal and exclusive jurisdiction of the courts located within Dekalb County in the State of Georgia. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 the Terms of Use remain in full force and effect.

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Little Mammoth Media programs really make a difference. They have won dozens of international awards including Parent’s Choice Awards (considered the Oscar of children’s media), Kids First! Endorsements, CINE Golden Eagles, and International Monitor Awards. The series is available on DVD from select retailers, or direct download from Little Mammoth.

Smart content for curious kids. Curious content for smart kids.