Terms of Use for LeapFrog Web Sites

Last Updated: September 22, 2010

Welcome to this LeapFrog Website provided by LeapFrog Enterprises, a Delaware Corporation, doing business in California as LeapFrog and related entities ("LeapFrog"). LeapFrog Websites include but may not be limited to LeapFrog.com, LeapFrogSchool.com, Leapsterworld.com, FLYWorld.com and their respective sub-pages, mini-sites, and redirect URLs (collectively, "this Web site" or "this Site")

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT MADE BY AND BETWEEN YOU AND LEAPFROG. BY ACCESSING OR USING ANY PART OF THIS WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEB SITE.

User Conduct

As a condition of your use of these services, you expressly agree that you will not use this Web site or other Internet services provided by LeapFrog for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your member name, including the content of your transmissions through the service.

This Web site is intended for entertainment and educational purposes and primarily for the use and enjoyment of parents, families, teachers, and educators. Certain portions of this Web site may appeal to teenagers, children, or teenaged or children-aged students. You agree to use this Web site only for such purposes. Any unauthorized commercial use of this Web site, LeapFrog's servers or Internet infrastructure, or its related services, or the resale of its related services, is expressly prohibited. Without LeapFrog's prior written consent you may not reproduce, distribute, modify, display derivative works based on, repost or otherwise use the content of this Web site. Nothing contained herein shall be construed as conceding any license or right under any copyright or other intellectual property right.

You will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Web site or take any action that imposes an unreasonable or disproportionately large load on LeapFrog's infrastructure as determined by LeapFrog in its sole discretion.

Privacy

By using this Web site, you consent to the terms of LeapFrog's Privacy Policy, which you understand may be modified from time to time. The Privacy Policy, which can be reached by clicking on the Privacy Policy link located at the footer section of the LeapFrog site, is incorporated into these Terms of Use by reference. You consent to LeapFrog's use of cookies and similar devices as further described in the Privacy Policy and for the purposes set forth in the Privacy Policy. You further understand and agree that, to the extent that information is collected about you, it will be stored on servers in the United States.

Online Shopping

We may offer opportunities to purchase products online in LeapFrog e-stores. If online shopping is available on the LeapFrog Website you are visiting, these terms apply. Customers must be over age 18 with a valid credit card. Web site visitors under age 18 cannot make purchases. When a customer places an order, we collect information associated with the transaction in accordance with the LeapFrog Privacy Policy.

Charges: If you purchase by credit card, we may authorize the amount of your purchase with your credit card issuer at the time you place your order. Your credit card account will be charged as soon as you place your order. In the event you cancel your order within 24 hours, we will credit the same card account you used for the purchase.

Availability: We cannot guarantee availability of product, even if our Web site shows that a particular product is available. We may not have all products or product lines available online and we may discontinue products or change prices at any time.

Products Purchased Elsewhere: We cannot guarantee that products shipped from retailers other than Leapfrog will not be damaged during shipment. If you received damaged goods from retailers other than directly from leapfrog.com, any damages must be reported directly to the third party where you purchased the product. Please do not report these damages to LeapFrog.

Replacement: Goods damaged during shipment must be reported directly to the third party where you purchased the product. Please do not report these damages to LeapFrog.com.

Promotions and Pricing: Promotional pricing may be restricted to defined groups of people for specific periods of time while supplies last-- any promotion may be discontinued at any time and without notice. Please see the terms and conditions for each promotion that may be applicable to your purchase.

Site Transactions: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Risk of Loss: All items purchased from Leapfrog.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Warranty Information: The LeapFrog product is warranted only to the original purchaser for a period of three (3) months from the original purchase date, under normal use and service, against defective workmanship and material. This warranty is void if the product has been damaged by accident or unreasonable use, immersion in water, neglect, abuse, battery leakage or improper installation, improper service, or other causes not arising out of defects in workmanship or materials of the product. All warranty claims are subject to: (1) LeapFrog being notified of the warranty claim within the warranty period, (2) LeapFrog verifying the existence of a defect in the product and (3) receipt of valid proof of your purchase date.

Before returning a product for any reason, please notify the LeapFrog Consumer Service Department. If the service representative is unable to solve the problem, you will be provided with instructions as to how to go about having the unit repaired or replaced if it is under warranty. Return of a product under warranty is governed by the following rules -- If LeapFrog believes that there may be a defect in materials or workmanship and LeapFrog confirms your purchase date, LeapFrog will provide you with prepaid shipping instructions for returning the product. Otherwise, you must return your product, shipping prepaid and with proof of purchase date, as instructed by a LeapFrog service representative.

In the event that a product under warranty is repaired or replaced, the replacement will be covered under the original warranty or for 30 days, whichever is longer. Repair or replacement is your exclusive remedy, and LeapFrog's exclusive liability, under this warranty. Replacement may consist of replacing the product with the same product or with a different product of the same value. LeapFrog shall not be liable for any incidental or consequential damages for the breach of any warranty on this product. Any implied warranty of merchantability or fitness for a particular purpose on this product is limited to the duration of this warranty. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights, which vary from jurisdiction to jurisdiction.

Community Areas/User Comments

LeapFrog may elect to offer community features on this Website, such as message or bulletin boards, forums, and chat rooms. In such events, LeapFrog will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website, although LeapFrog reserves the right to do so in its sole discretion. LeapFrog does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or third parties.

As to any information or content that you upload or post to this Website, you represent and warrant to LeapFrog that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Website: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services).

LeapFrog reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. LeapFrog also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Website that violate this User Agreement and to deny access by any user to this Website.

Disclaimers/Limitation of Liability

Your use of and any browsing in this Web site and related Internet services is at your risk. Neither LeapFrog nor any other party involved in creating, producing, or delivering this Web site is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, this Web site or related services. The material contained in this Web site may contain inaccuracies and errors. LeapFrog does not guarantee that the functional aspects of this Web site will be uninterrupted or error-free or that this Web site or the server that provides it are free of viruses or other harmful components. Everything on this Web site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Check your local laws for any such exclusions.

LeapFrog also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Web site (or related services) or your downloading of any materials, data, text, images, video, or audio from this Web site.

Historical and Forward-Looking Statements

All materials, including annual reports to stockholders, press releases, media reports and our filings with the U.S. Securities and Exchange Commission, or the "SEC", reproduced on this Web site speak as of the original date of publication or filing. These materials are presented for your convenience only. The fact that a document is available on this Web site does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document, statement or filing. Any forward-looking statement reproduced on this site speaks as of the original date the document containing such statement was published or filed and should be read together with certain factors set forth in our Annual Report on Form 10-K and in our Quarterly Reports on Form 10-Q under the heading "Risk Factors That May Affect Our Results and Stock Price", and in other LeapFrog filings with the SEC available on this site or on the SEC's Edgar Database (http://www.sec.gov) that could cause actual future events or results to differ materially from anticipated events or results. We have no duty or policy to update any information or statements contained on this site and we expressly disclaim any duty to do so. Therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on this Web site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this Web site, and to the products described on this site.

Links

This Web site may contain links to other web sites operated by third parties. The linked sites are not under the control of LeapFrog, and LeapFrog is not responsible for the content available on any other web sites linked to this Web site. Such links do not imply LeapFrog's endorsement of material on any other web site and LeapFrog disclaims all liability with regard to your access to such linked web sites. LeapFrog provides links to other web sites as a convenience to users and access to any other web sites linked to this Web site is at your own risk.

Store Locator

To the best of our ability we maintain information on retailers who carry our products. Most or all of this information is provided by our retailers, who are responsible for its accuracy. In all cases we recommend that you contact the retailer directly to inquire about the availability of specific products.

Modification of Terms

LeapFrog may at any time revise these Terms of Use by updating the same at this Web site without prior notice. Your continued use of this Web site after such changes are posted will constitute your acceptance of such changes.

General

This agreement is governed by the laws of the United States of America and the State of California. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. These Terms of Use will be governed by and be construed in accordance with the laws of the United States of America and the State of California without regard to its conflicts of law provisions. If you use this Web site from other locations you are responsible for compliance with local laws and regulations. LeapFrog products are available in many parts of the world; however, this Web site may describe products that are not available in your jurisdiction.

This agreement constitutes the entire agreement between user and LeapFrog with respect to this Web site and related services and supersedes all prior or contemporaneous terms or conditions, oral or written, between user and LeapFrog. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any cause of action arising out of or related to this Web site or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Termination

If you are dissatisfied with any portion of the service, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this Web site. Subject to any applicable terms and conditions, and upon appropriate notice, a refund of some or all pre-payment for services may be made by LeapFrog.

This agreement is effective until terminated by either party. You may ask us to end your login account to this Web site at any time by e-mailing webmaster@leapfrog.com. (You will be required to provide your member name and password.) This agreement will terminate immediately without notice from LeapFrog if you fail to comply with these Terms of Use.

Copyright

General Copyright Provisions: You should assume that everything you see or read on this Web site, receive through related services, or download from our servers, is protected by copyright unless otherwise stated and may only be used according to these Terms of Use. LeapFrog does not warrant or represent that your use of materials displayed on this Web site will not infringe rights of third parties whom are not owned or affiliated with LeapFrog. Images are either LeapFrog's property or used by LeapFrog with another party's permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of such images may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.

LeapFrog's Procedure for Making Claims of Copyright Infringement: LeapFrog Enterprises, Inc. respects the intellectual property of others, and we ask that those posting to this site do the same. If you believe that your copyrighted work has been copied, and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

  • the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
  • a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  • location where the original or an authorized copy of the copyrighted work exists, such as the URL of the web site where it is originally posted or the name of the book in which it has been published.
  • location of the specific URL or other location on this site where the material that you claim is infringing is located (please provide as much information as possible to allow us to locate the material).
  • your name, address, telephone number, and email address.
  • a 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 are authorized to act on the copyright owner's behalf.

Contact information for our agent for notice of claims of copyright infringement on this site:

Carmelia Stanton
Intellectual Property Paralegal
LeapFrog Enterprises, Inc.
6401 Hollis Street
Emeryville, CA 94608
Phone: (510) 420-5229
Fax: (510) 420-5011
Email: copyright@leapfrog.com

Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Web site are registered and unregistered trademarks of LeapFrog Enterprises, Inc., its affiliates and others. Your misuse of the Trademarks displayed on this Web site, or any other content on this Web site, except as provided herein, is strictly prohibited. Nothing contained on this Web site should be construed as granting any license or right to use any Trademark displayed on this Web site without the written permission of LeapFrog or such third party that may own the Trademark.

Questions/Comments/Concerns

If you have any questions, comments, or concerns about these Terms of Use, this Web site, or our products, in general, please contact us at:

LeapFrog Enterprises, Inc.
Attn: Consumer Service
6401 Hollis Street, Suite 100
Emeryville, CA 94608-1071
support@leapfrog.com

Copyright © LeapFrog Enterprises, Inc. All rights reserved.
All other trademarks are properties of their respective owners