Last Updated: 16 October 2015
Changes to the Terms
LeapFrog may change the Terms at any time by posting the amended Terms on the LeapFrog.com website. You should check this website from time to time to review the current Terms as they are binding on you. Your continued use of the LeapFrog Services will constitute your acceptance of the amended Terms.
The LeapFrog Services
License: Subject to your compliance with the Terms, LeapFrog and/or its licensors provide you with a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the LeapFrog Services.
Intellectual Property: The LeapFrog Services are our copyrighted property or the copyrighted property of our licensors and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the LeapFrog Services and the material published in them are owned by us or our licensors or licensees. No element of the LeapFrog Services may be used or exploited in any way other than as part of the LeapFrog Services offered to you. You own the physical media (such as a cd rom), if any, on which elements of the LeapFrog Services are delivered to you, but we retain full and complete ownership of the LeapFrog Services. We do not transfer title to any portion of the LeapFrog Services to you.
You are permitted to print and download extracts from the LeapFrog Services, including the LeapFrog.com website, only for your personal reference, and only provided that:
- no documents or related graphics on the LeapFrog Services are modified or copied in any way;
- no graphics on the LeapFrog Services are used separately from accompanying text; and
- the status of LeapFrog (and that of any identified contributors) as the author of any material on the LeapFrog Services is always acknowledged.
Otherwise, no part of the LeapFrog Services may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including but not limited to text, graphics, video, messages, code and/or software without our express prior written consent.
If you breach any of these Terms, your permission to use the LeapFrog Services automatically terminates and you must immediately destroy any downloaded or printed extracts from the LeapFrog Services.
Changes: The LeapFrog Services are evolving and will change over time. LeapFrog, its affiliates and its licensors reserve the right to change, suspend, remove or disable access to the LeapFrog Services or other materials comprising any part of the LeapFrog Services at any time without notice. In no event will LeapFrog be liable for making these changes. LeapFrog may also impose limits on use of or access to certain features or portions of the LeapFrog Services without notice or liability.
Requirements: Use of the LeapFrog Services requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of required software is recommended to access the LeapFrog Services and may be required for certain transactions or features and to download products previously purchased from the LeapFrog Services. You agree that meeting these requirements, which may change from time to time, is your responsibility. The LeapFrog Services are not part of any other product or offering, and no purchase or acquisition of any other product shall be construed to represent or guarantee you access to the LeapFrog Services.
Wireless: You may access certain LeapFrog Services through a mobile network, your network or roaming providers’ networks. Standard messaging, data, and other fees may be charged by the provider to access the LeapFrog Services. Your carrier may prohibit or restrict certain LeapFrog Services and certain LeapFrog Services may be incompatible with your carrier or wireless internet device.
Restrictions: The LeapFrog Services may not be used for your commercial or business-related activities or to solicit others. You agree not to knowingly or recklessly introduce a virus, Trojan, worm, logic bomb or other harmful component, or otherwise tamper with, impair or damage any LeapFrog Service or connected network, or interfere with any person or entity’s use or enjoyment of any LeapFrog Service. You agree not to access, monitor or copy any element of the LeapFrog Services using a robot, spider, scraper or other automated means or manual process without our express written permission. You must not attack the LeapFrog Services via a denial-of-service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, worms, logic bombs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You may not circumvent or disable any content protection system or digital rights management technology used with any LeapFrog Service; decompile, reverse engineer, disassemble or otherwise reduce any LeapFrog Service to a human-readable form; remove identification, copyright or other proprietary notices; access without authority, interfere with, damage or disrupt any equipment or network on which the LeapFrog.com website is stored, any software used in connection with the provision of the LeapFrog.com website or any equipment, software or website used by a third party; or access or use any LeapFrog Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any LeapFrog Service in violation of United States export control and/or economic sanctions requirements. By acquiring services, content or software through the LeapFrog Services, you represent and warrant that your access to and use of the services, content or software will comply with applicable requirements.
Without prejudice to its other rights or remedies, LeapFrog reserves the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this “Restrictions” clause, and to disclose such information to law enforcement agencies as LeapFrog reasonably believes is necessary.
Errors: We make efforts to ensure that the LeapFrog Services are complete, current and error-free. Despite our efforts, there may be instances where information regarding the LeapFrog Service(s) contains inaccurate or incomplete data, including with respect to price and availability. In the event of mispricing, we reserve the right to cancel any orders placed for the item at the incorrect price and may contact you regarding the pricing error. If you no longer wish to purchase the item, you may cancel the order.
Software License Agreement
By using the LeapFrog Services, you agree to the terms of LeapFrog’s Software License Agreement.
Some LeapFrog Services require you to create an account to participate in a specific LeapFrog Service. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree to update your account information to keep it current and accurate. LeapFrog sells products for children, but we sell them to adults (18 and over), who can purchase with a credit card or other permitted payment method accepted by LeapFrog. You are responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and that they comply with them.
You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, another person’s name or likeness or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
LeapFrog may offer community features as part of the LeapFrog Services. You may post reviews, comments, photos and other content and submit suggestions, ideas, comments, questions, opinions and feedback You may not post content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to any person or entity. You also may not post content that consists of or contains software viruses, political campaigning, objectionable materials, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity or otherwise provide misleading information. LeapFrog reserves the right (but not the obligation) to remove or edit such content, at its sole discretion.
If you do post content or submit material, you grant LeapFrog a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media, including, without limitation, in connection with advertising our product and reviews. You grant LeapFrog and our sublicensees the right to use the name that you submit in connection with such content, if we or they choose to use it. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and will not cause injury to any person or entity; and that you will indemnify LeapFrog for all claims resulting from content you supply. LeapFrog has the right but not the obligation to monitor and edit or remove any activity or content. LeapFrog takes no responsibility and assumes no liability for any content posted by you or any third party.
When you use parts of the LeapFrog Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website or through the other LeapFrog Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are effective immediately.
Contests, Sweepstakes and Other Activities
LeapFrog provides rules and/or guidelines ("Rules of Participation") for certain activities on the LeapFrog Services including, without limitation, contests and sweepstakes. The Terms incorporate by reference the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between the Terms and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
Purchasing Physical Products
LeapFrog’s physical products are available through our retail partners. Please visit our product information pages for links to retail stores that offer LeapFrog products.
LeapFrog.com Returns: Refunds for physical products purchased directly from LeapFrog.com will be handled in accordance with our Return Policy.
Warranty Information: Warranty information on LeapFrog products can be found at Warranty information.
Purchase of Digital Products
We may offer opportunities to purchase digital products online as part of the LeapFrog Services. If online shopping is available as part of the LeapFrog Services, these terms apply. Customers must be over age 18. Visitors under age 18 are not permitted to make purchases.
Charges: The LeapFrog Services accept these forms of payment for the purchase of digital products: Leaplet Cards, LeapFrog App Center Download Cards (App Center Download Cards are not available for use on all transactions), credit cards (credit cards may not be accepted in all countries) or other payment methods accepted by LeapFrog. If a LeapFrog App Center Download Card is used for a transaction, the amount is deducted at the time of your transaction. When making purchases, LeapFrog App Center Download Cards and Leaplet Cards are used first and your credit card is then charged for any remaining balance (where credit cards are accepted).
Availability: We cannot guarantee availability of digital product, even if our web site shows that a particular digital product is available. We may not have all digital products or digital product lines available online and we may discontinue digital products or change prices at any time. If a digital product becomes unavailable following a transaction but prior to download, your sole remedy is a refund, replacement (if a replacement is available), or credit. If technical problems prevent or unreasonably delay delivery of your digital product, your sole remedy is either replacement or refund of the price paid, at LeapFrog’s sole option.
Pricing: Prices for digital products offered via the LeapFrog Services may change at any time, and the LeapFrog Services do not provide price protection or refunds in the event of a price reduction or promotional offering. LeapFrog reserves the right to cancel an order for a digital product in the event of a typographical or other error in the price listed for the digital product.
Gifting: Gifts of digital products purchased from the LeapFrog Services may be purchased only for and redeemed by persons in the United States and its territories and possessions. Gift recipients must have compatible hardware to utilize the gift. Only credit cards can be used to gift digital products.
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.
Taxes: We will charge taxes on digital products purchased when taxes are applicable.
No Return or Refund. No Warranty. All digital products are sold “as is”. All sales of digital products are final. There are no returns or refunds on the purchase of digital products.
Devices: You may download one (1) copy of each digital product purchased on up to three (3) LeapFrog devices provided such devices are all registered to the same household.
LeapFrog App Center Download Cards: LeapFrog App Center Download Cards, in addition to any unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase LeapFrog App Center Download Cards; used to gift digital or physical products; used to purchase physical products; or used to purchase LeapFrog products in retail stores. Unused balances are not transferable. The LeapFrog App Center Download Cards cash value is 1/10 of one cent.
LeapFrog App Center Download Cards may be redeemed through the LeapFrog Services in the LeapFrog App Center in the country where the LeapFrog App Center Download Card was purchased.
LeapFrog is not responsible for lost or stolen LeapFrog App Center Download Cards. Title and risk of loss for LeapFrog App Center Download Cards transmitted electronically pass to the purchaser upon electronic transmission to the recipient.
LeapFrog reserves the right to close accounts, and/or disable an account’s ability to use LeapFrog Services and/or download digital products and/or request alternative forms of payment if a LeapFrog App Center Download Card is fraudulently obtained or fraudulently used on the LeapFrog Services.
LEAPFROG ITS AFFILIATES AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEAPFROG APP CENTER DOWNLOAD CARD, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A LEAPFROG APP CENTER DOWNLOAD CARD IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH LEAPFROG APP CENTER DOWNLOAD CARD. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN LOCAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
The LeapFrog Services may contain links to web sites operated by third parties. The linked sites are not under our control, and we are not responsible for the content available on any web sites linked to the LeapFrog Services or for any loss or damage that may arise from your use of them. 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.
Submissions and Unsolicited Ideas Policies: Our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
Termination: If you are dissatisfied with any portion of the LeapFrog Service, or with any of the Terms, your sole and exclusive remedy is to discontinue using the LeapFrog Services. This agreement is effective until terminated by either party. You may ask us to terminate your account at any time by e-mailing firstname.lastname@example.org. You will be required to provide your name and password in the email. We may terminate your access to the LeapFrog Services immediately without notice if you fail to comply with the Terms.
LeapFrog’s Procedure for Making Claims of Copyright Infringement: If you believe that any material provided through the LeapFrog Services infringes your copyright, you should notify LeapFrog of your infringement claim in accordance with the procedure set forth below.
A notification of claimed copyright infringement should be emailed to the LeapFrog copyright agent at email@example.com (subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:
Attn: Intellectual Property Paralegal
LeapFrog Enterprises, Inc.
2200 Powell Street, Suite 500
Emeryville, CA 94608
Phone: (510) 420-5229
Fax: (510) 420-5011
We will process each notice of alleged infringement that LeapFrog receives and take appropriate action in accordance with applicable intellectual property laws. To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the LeapFrog Services that is reasonably sufficient to enable LeapFrog to identify and locate the material; (iv) the address, telephone number and email address where you would like LeapFrog to contact you; (v) 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; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to firstname.lastname@example.org for purposes other than communication about copyright infringement may not be answered.
LeapFrog has a policy of terminating the account of repeat infringers in appropriate circumstances.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY: THE LEAPFROG SERVICES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LEAPFROG DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE LEAPFROG SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
IN NO EVENT SHALL LEAPFROG OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (INCLUDING LICENSORS) (COLLECTIVELY, THE "LEAPFROG PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE LEAPFROG SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE LEAPFROG SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE LEAPFROG PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US RELATED TO THE LEAPFROG SERVICES OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE LEAPFROG PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE LEAPFROG SERVICES. LEAPFROG RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Choice of Law: This agreement is governed by the laws of the United States of America and the State of California, without giving effect to any conflict of laws principles.
Choice of Forum: You agree that any action at law or equity arising out of or related to the Terms or the LeapFrog Service will be filed, and that venue properly lies, only in the state or federal courts located in Alameda County, California, United States of America. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action.
Binding Arbitration and Class Action Waiver: You and LeapFrog agree to arbitrate all disputes between you and LeapFrog and/or its affiliates arising under the Terms, except disputes relating to the enforcement of LeapFrog’s, its affiliates or its licensors’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the LeapFrog Services or these Terms, whether in contract, tort, warranty, statute or regulation or other legal or equitable basis.
In the event of a dispute, you or LeapFrog must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to LeapFrog Enterprises, Inc., 2200 Powell Street, Suite 500, Emeryville, California 94608, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and LeapFrog will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration.
If you and LeapFrog do not resolve a dispute by informal negotiation, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you if you continue the arbitration. If you do not choose a location, the arbitration will be held in Alameda County, California. For residents outside the United States, arbitration shall be initiated in Alameda County, California, United States of America, and you and LeapFrog agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor LeapFrog will seek to have a dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Enforcement: LeapFrog reserves the right to take steps that we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Terms. You agree that we have the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Terms (including but not limited to our right to cooperate with any legal process relating to your use of the LeapFrog Services and/or a third-party claim that your use of the LeapFrog Services is unlawful and/or infringes such third party's rights).
Entire Agreement: This agreement constitutes the entire agreement between you and LeapFrog with respect to the LeapFrog Services and supersedes all prior or contemporaneous agreements, terms or conditions, oral or written, between you and LeapFrog.
Severability: If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Survival: The provisions of the Terms, which by their nature should survive the termination of the Terms, shall survive such termination.
Waiver: No waiver of any provision of the Terms by LeapFrog shall be deemed a further or continuing waiver of such provision or any other provision. LeapFrog’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
Questions/Comments/Concerns: If you have any questions, comments, or concerns about the Terms, the LeapFrog Services or our products, in general, click here for our contact information.