Terms of Use
Welcome to ladybirdgames.com, a website and service of Ladybird Games ("Ladybird Games") You must read and agree to these terms of use ("TOU") before you may access, use, or view our sites. Please read them carefully. By visiting or "pinging" or linking to the Ladybird Games website, you are agreeing to this TOU. This Agreement is subject to change at any time, and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement.
1. Eligibility:
You must be eighteen or over to register as a member of, provide any personal information, or purchase products on this site. Membership in the service is void where prohibited. By providing any personally identifiable information on this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions and that you are at least 18-years old.
2. Fees/Termination:
Ladybird Games' and Ladybird Games', usage and/or subscription fees were provided to you upon registration and may change from time to time upon electronic notice to you. Ladybird Games reserves the right to terminate your access to the site for any reason or no reason. Ladybird Games may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us. If Ladybird Games terminates your membership in the Ladybird Games service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect including sections 1, 3, 4, 5, 6, 7, 9, 10, 12, 13, 14, inclusive, of this Agreement.
3. Non-Commercial Use by Members/Viewers.
The Ladybird Games site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of Ladybird Games and should not use the Ladybird Games service or site for any purpose. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited bulk commercial e-mail will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In order to prevent the sending of unsolicited email to its members, Ladybird Games may take reasonable steps, including the limiting of the numbers of emails sent by a member.
4. Proprietary Rights of Content on Ladybird Games:
Ladybird Games owns and retains other proprietary rights in the Ladybird Games site and the Ladybird Games service. The site contains the copyrighted material, trademarks, and other proprietary information of Ladybird Games, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site/CDA:
A) Ladybird Games claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Ladybird Games may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment Ladybird Games violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Ladybird Games and/or its members.
B) You are solely responsible for the content that you publish or display (hereinafter, "post") on the Ladybird Games site, or transmit to other Ladybird Games members or users.
C) By posting content to any public area of Ladybird Games, you automatically grant, and you represent and warrant that you have the right to grant, to Ladybird Games an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. As a visitor to Ladybird Games if you provide Ladybird Games with your e-mail address or personal identifying information via a registration process or post it or submit it on Ladybird Games you thereby authorize Ladybird Games and its affiliates and any entities that Ladybird Games becomes involved with or merges with or becomes acquired by, the right to use your valid email address and personal identifying information for marketing programs or communications with you.
D) The following is a partial list of the kind of content that is illegal or prohibited on the site. Ladybird Games will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the membership of such violators. It includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited mass e-mail or unsolicited commercial e-mail or unsolicited electronic messaging or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, deceptive, 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; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as 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 users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
E) You must use and you hereby warrant that you shall use the Ladybird Games site, contents, and services in a manner consistent with any and all applicable laws and regulations and in a manner those does not infringe, impair, or interfere with the rights of others or Ladybird Games.
F) You agree that you will not use any robot, spider, other automatic device, or manual process to
monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Ladybird Games Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Ladybird Games by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or unsolicited commercial email to other Ladybird Games members. Although Ladybird Games cannot monitor the conduct of its members off the Ladybird Games site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
6. Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the Ladybird Games service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Ladybird Games' Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
DMCA AGENT
Ladybird Games,
info@ladybirdgames.com
It is the intention of Ladybird Games to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
7. Member/User Disputes:
Ladybird Games does not control the information provided by other users that are made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other Ladybird Games members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on the Ladybird Games site, you release Ladybird Games, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual, special, statutory, and consequential) of every kind and nature including but not limited to defamation, negligence, tort, contract, statutory violations, common law violations, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Ladybird Games reserves the right, but has no obligation, to monitor disputes between you and other members.
8. Privacy:
Use of the Ladybird Games site and/or its service is governed by our Privacy Policy which may change from time to time upon electronic notice to you.
9. Disclaimers:
Ladybird Games, including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the site or in connection with the Ladybird Games service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the Ladybird Games service whether online or offline. Ladybird Games assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. Ladybird Games is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Ladybird Games site and/or in connection with the Ladybird Games service. Under no circumstances Ladybird Games, be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content posted on the Ladybird Games site or transmitted to Ladybird Games Members. The site and the service are provided "AS-IS" and Ladybird Games expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Ladybird Games cannot guarantee and does not promise any specific results from use of the site and/or the Ladybird Games service.
10. Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Ladybird Games be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the Ladybird Games service, even Ladybird Games has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Ladybird Games' 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 Ladybird Games for the service during the term of membership.
11. EU Export Controls:
Software from this site is further subject to European export controls. No software from this site may be downloaded or otherwise exported or re-exported into any country to which the European Union and / or The Netherlands. has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Arbitration of Disputes:
Any and all disputes arising out of these Terms of Use and/or your relationship with Ladybird Games or this site shall be submitted to the binding arbitration according to the applicable rules of JAMS. The parties to the arbitration shall evenly divide any and all costs of the arbitration. The arbitration shall take place exclusively in The Netherlands before a retired Judge and shall be governed by Dutchlaw without regard to its conflict of law provisions. Parties may however seek interim relief from either the Court or JAMS arbitrator.
13. Indemnity:
You agree to indemnify and hold Ladybird Games, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.
14. Notices/Other:
Except as explicitly stated otherwise, any notices to Ladybird Games shall be given by e-mail and FEDEX
overnight courier signature required to:
webmaster@Ladybird Games.com
Ladybird Games
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and any notices to you shall be given to the email address you provide to Ladybird Games during the registration process or at Ladybird Games' discretion mailed or sent via FEDEX to the address provided by you upon registration (or updated in your member profile) if any. Notice shall be deemed given 24 hours after email or mail or overnight FEDEX is sent. You agree that this Agreement and all incorporated Agreements may be automatically assigned by Ladybird Games, in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to Ladybird Games shall include its subsidiaries, affiliates, officers, agents, and other partners and employees. Ladybird Games' failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Ladybird Games is located at:
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(Revised September 22, 2011)