Terms of Use for LeapFrog Web Sites

Last Updated: September 22, 2010

Welcome to this LeapFrog Website provided by LeapFrog Enterprises, Inc. and its related entities ("LeapFrog"). The following terms ("Terms of Use") govern your access to and use of websites offered by LeapFrog ("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.

Ownership/Restriction on Use

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 copy, reproduce, distribute, modify, display derivative works based on, publish, repost, transmit, display, transfer, sell 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.

Registration and Passwords

To access certain portions of this Web site and/or to purchase products online, you may be asked to complete an online registration form. In consideration for your use of this Web site and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Web site may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

Upon registration, you may be given a member name and may create a password. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Web site under such user name or password. You agree to immediately notify LeapFrog of any unauthorized use of your password or user name or any other breach of security.

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.

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.

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 Terms of Use and to deny access by any user to this Website.

All additional terms governing your conduct in our community features will be provided when you sign-up to participate in that feature.

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 the Privacy Policy link located at the footer section of the applicable 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. Online purchases are limited to persons above the age of majority in their jurisdiction of residence. 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, there may be errors in the description of the relevant products 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.

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. Consumer Protection Act voids this warranty 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.

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, use of, or inability to use, this Web site or related services, even if Leapfrog has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation may not apply to you.

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. 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. 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 NON-INFRINGEMENT. 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.

ANY OR ALL OTHER TERMS AND CONDITIONS GOVERNING THE PURCHASE OF ANY PRODUCT ON THE WEBSITE ARE PROVIDED WHEN YOU PURCHASE A PRODUCT.

Indemnity

You agree to indemnify and hold harmless LeapFrog, its affiliates, members, officers, employees, agents, and licensors from and against any all losses, expenses, damages, claims, fines, penalties, costs, injuries and liabilities (including reasonable legal and accounting fees), resulting form your (or anyone acting under your password or user name) use of this Web site, connection thereto, any product or service purchased there from, or any alleged violation by you of these Terms of Use, including, without limitation, the User Conduct and Community Areas/User Comments sections.

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, as applicable notwithstanding any conflict of laws provision. 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. 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.

Failure to enforce any term of these Terms of Use shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of any other provision. If any provision of the Terms of Use is determined to be invalid or otherwise unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

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. Unless otherwise required by law, 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

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.

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, contact us at support@leapfrog.com.

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