Terms and Conditions

Even the TinySuperheroes Squad needs to have rules about using our site. 
Terms and Conditions

We’ve created these terms of use in a simple, straight forward format. This is a legal document; it’s important to know what you are agreeing to. By using this website, you are agreeing to these terms of use. The terms of this agreement are subject to modification from time to time, and the effective date of the current terms is set out at the end of the page. We will inform you if anything within this agreement changes. It is also important that you read our Privacy Policy; by agreeing to these terms, you are affirming that you have read, understood, and agree to our Privacy Policy.

SECTION ONE: Legal Agreement

TinySuperheroes is provided by TinySuperheroes, LLC (the “Company”). This is a legally binding agreement between you and the Company. This agreement dictates how you are allowed to use the Company’s website(s) and digital platform and how you interact with the Company and all services offered by the Company.

This agreement and the terms of use it contains apply both to your use of such websites and to any other services TinySuperheroes may provide (such as assistance in creating content or placing advertisements of messages).

SECTION TWO: Who can use TinySuperheroes

Users of TinySuperheroes (or other websites or services of TinySuperheroes) need to be over the age of 13. If anyone over 13 but under the age of 18 wishes to use this website, their legal guardian needs to set up their account, approve their usage of the site, and be present when they use it.

SECTION THREE: What we do

TinySuperheroes provides physical goods and allows you to create messages and campaigns on other websites. Make sure you don’t make messages or behave in any way that would violate the terms of service or advertising policies of such other websites.

SECTION FOUR: How to act

TinySuperheroes puts power in the user’s hands. It is important that all users of our websites and services behave responsibly and respectfully. Any illegal activity, harassment or abuse, publishing or unauthorized use of personal information, unauthorized use of any photographs or other content, fraudulent claims or schemes, impersonation, username stealing/selling/squatting, intellectual property infringement, spam, malware distribution, claims of endorsement by TinySuperheroes, degradation, unauthorized data mining, or unauthorized penetration testing is forbidden. If you do any of these things we have the right to ban you from our websites, discontinue providing any other services to you, and pursue any legal action we deem appropriate.

SECTION FIVE: What we stand for

We offer users the ability to communicate their ideas through an extremely effective medium. While we stand for free speech and discourse, we by no means endorse or condone any or all of the views that are propagated through our websites. We do not screen and review all content; if something you believe is objectionable or inappropriate is placed through our website, please report it to us so that we can review and potentially remove it. However, we are not liable for any damages caused by content created or used by users, whether or not caught by our review process. Further, content removal and user banning is something that we want to do judiciously; it may take time for us to decide whether or not to do this. Our websites allow users to “share” that they have used our website on various social media/websites.

SECTION SIX: Account Actions

As long as you are an eligible user (see Section Two above) and you follow these terms of service, you are free to create and use an account on TinySuperheroes. Information that you provide us about you needs to be accurate and complete. If you provide false, misleading or incomplete information, we can remove your account. Purchasing and selling of accounts is forbidden. If you lose access to your account, contact us and we will do what we can to help you. If we are unable to grant access to a lost account, we are not responsible. If you wish to delete your account, contact us and we will do so.

SECTION SEVEN: Pricing

Current pricing information for the store is available on the Shopify. Capes are offered without charge for everyone who is nominated. There is a free shipping option available in the USA for cape nominations, while expedited and international shipping will incur additional costs. Personalized capes require a sponsorship goal to be met or an additional payment. Sponsorships of cape campaigns, birthday campaigns, or other payments to TinySuperheroes, are not tax-deductible. Any pricing and services offered for payment or not, including choosing not to provide capes for any nomination, is fully modifiable anytime, including retroactively, by TinySuperheroes.

SECTION EIGHT: Likeness

As a user of our websites or technology, you grant TinySuperheroes an unrestricted and unlimited right to share your name, associated company(ies) or organization(s), your story, any likenesses, and any content or information you upload to the site or otherwise provide to TinySuperheroes, including through tagging TinySuperheroes on social media platforms. You are solely responsible for ensuring our right to this information.

As a user of our services, you grant TinySuperheroes an unrestricted and unlimited right to share your name, associated company(ies) or organization(s), your story, any likenesses, and any content or information you provide to TinySuperheroes, including through tagging TinySuperheroes on social media platformsYou are solely responsible for ensuring our right to this information.

SECTION NINE: INTELLECTUAL PROPERTY AND COPYRIGHT INFRINGEMENT, AND PRIVACY RIGHTS

Users are responsible for their content (see Section Five above). With respect to content placed on our or through our websites, if someone has violated any copyright or other rights you have, please contact us and we will endeavor to do what we reasonably can to assist, but we are not liable for any damages caused by such an infringement or violation. As a user, do not post content that violates anyone else’s copyright, trademark, privacy or other rights. If you post original content on TinySuperheroes, you are responsible for ensuring it is your intellectual property. If you use or share with TinySuperheroes someone else's content, you are responsible for ensuring you have the right to do so. If you post photographs or other likenesses of anyone else or their property, you are responsible for ensuring that you have their consent (or if applicable, such as in the case of someone too young to legally consent, the consent of their guardian or someone legally authorized to agree on their behalf). By posting content to or sharing content and information with TinySuperheroes, you are granting TinySuperheroes an unrestricted right to use or modify your intellectual property and data, including for commercial purposes. Data and personally identifiable information shared with TinySuperheroes will be subject to TinySuperheroes’s privacy policy and your rights to this information include TinySuperheroes’s right to use per its privacy policy. Content produced by TinySuperheroes for its own purposes is wholly owned by TinySuperheroes. Technology and websites produced or managed by TinySuperheroes for its own purposes or for a client is wholly owned by TinySuperheroes. Content produced by TinySuperheroes for a client and first party and client report data collected by TinySuperheroes for a client is co-owned by TinySuperheroes and the client for which the work is performed. All content on TinySuperheroes should be considered TinySuperheroes's or a TinySuperheroes user’s intellectual property. Your use of this content is restricted to the platform or the place where TinySuperheroes provides this content outside the platform. If you use any of TinySuperheroes's intellectual property in a non-permissible way, you are breaking the law and we will pursue any legal action we deem appropriate.

SECTION TEN: Compliance

As the user, you are responsible for understanding and complying with all applicable laws and regulations.

SECTION ELEVEN: Indemnity

TinySuperheroes is not liable for any damage, obligation, or expense you may incur, or for any damages you may cause anyone else or that may result from your activities or content including your legal fees or defense in court. You are responsible and liable for your actions on our websites and using products provided by the Company. Further, if TinySuperheroes or any subsidiaries, affiliates, agents, employees, officers, partners or licensors is sued or incurs any liability whatsoever because of: (1) your actions, (2) resulting from information or materials that you provide to us, you are agreeing to pay for it, including our legal fees and other costs of defending against any claim, or (3) any filings, compliance reports or similar submissions you file or fail to file, you are agreeing to pay for it, including our legal fees and other costs of defending against any claim.

SECTION TWELVE: Modifications and warranties

We cannot guarantee that TinySuperheroes will be available in an uninterrupted, timely, secure or error-free way. If you lose any work or suffer any losses, we are not responsible. If you have epilepsy, it is possible that a seizure could commence due to light patterns that could be present on the website. Please consult a physician if you begin to experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary motions or convulsions.

SECTION THIRTEEN: Limitations of Liability

You are acknowledging that TinySuperheroes and any subsidiaries or affiliates, agents, employees, officers, partners or licensors are not liable for any damages (punitive, indirect, incidental, special, consequential, or exemplary). These damages include loss of profit, goodwill, use, data, and/or intangible losses. 

SECTION FOURTEEN: Violations and Disputes

Please report any violations or disputes pertaining to these terms of service to the following contacts:

Mailing Address

TinySuperheroes

602 W Kirkham Ave

Webster Groves, MO 63119

Email

capes@tinysuperheroes.com

SECTION FIFTEEN: Governing law

These terms of service are governed by Missouri law.

These are our terms of service and subject to change at any point. Any previous arrangement/agreements/deals are subject to these terms. Just because you break one term does not permit you to break more.

The effective date of the current terms set out above is May 1, 2021.