Last Updated: 15 February 2022
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW (hereinafter referred to as Agreement to Arbitrate and Waive Class Claims). To the fullest extent permissible by applicable law, you agree to submit all disputes concerning your use of the LeapFrog Services to confidential, binding individual arbitration.
The LeapFrog Services are only offered to individuals who are at least eighteen (18) years of age and are made available for use by such individuals’ children with the permission of such individuals. By using the Services, you affirm that you (i) are at least eighteen (18) years of age, (ii) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms, and (iii) have not previously been terminated, removed, or suspended from the Services.
1. Changes to the Terms
We reserve to ourselves the right to change the Terms to ensure that they accurately reflect the LeapFrog Services and practices at all times, for safety reasons, and as required by law. LeapFrog may change the Terms at any time by posting the amended Terms on the Site. You should check the Site from time to time to review the current Terms as they are binding on you. We will notify you of any changes to these Terms that materially modify your rights or obligations or that we are required to notify you by applicable law (“Material Modifications”). Any Material Modifications will be effective upon your acceptance of the modified Terms or, where permitted by applicable law, upon your continued use of the LeapFrog Services after we send or post notice of the changes, whichever is earlier. As a rule, changes to these Terms that do not materially modify your rights or obligations will be effective immediately upon publication. However, we will provide you notice within a reasonable time before these changes become effective where required by applicable law. Any disputes arising under these Terms will be resolved pursuant to the version of these Terms in effect at the time the dispute arose.
2. The LeapFrog Services – Uses and Limitations
License: Subject to your compliance with the Terms, LeapFrog and/or its licensors hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the LeapFrog Services.
Intellectual Property: For purposes of these Terms, ‘LeapFrog Content’ shall mean any and all photographs, video, audio, images, text, animations, illustrations, communications, ideas, designs, compilations, software, source code, object code, data, creative expressions or other copyrighted or copyright protectable content on the Site and as part of the LeapFrog Services, along with the selection, arrangement, organization and magnetic translation thereof. LeapFrog or its third-party licensors own all right, title and interest in and to the LeapFrog Content. Nothing in these Terms shall be interpreted to grant an ownership interest in or to the LeapFrog Content. Unless expressly stated, nothing in these Terms shall be interpreted to grant a license in or to any of the LeapFrog Content. None of the LeapFrog Content may be reproduced, distributed or copied, in whole or in part, without the express written permission of the copyright holder.
All trademarks, service marks, logos and trade dress associated with the Site and the LeapFrog Services (collectively the ‘Trademarks’), are the sole property of LeapFrog or its partners, suppliers or licensors. Nothing contained on the Site, the LeapFrog Services or in these Terms grants to you, by implication, or otherwise, any license or right to use any Trademark displayed on the Site or the LeapFrog Services without the written permission of LeapFrog or such third party that may own the displayed Trademark.
Any unauthorized use of the LeapFrog Services, LeapFrog Content, Trademarks or other LeapFrog intellectual property is strictly prohibited and may violate copyright, trademark, patent, trade secret and/or other applicable laws and could result in criminal or civil penalties. 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 rights in the LeapFrog Content contained therein or the LeapFrog Services provided via such media. 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 Site, 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;
- the status of LeapFrog (and that of any identified contributors) as the author of any material on the LeapFrog Services is always acknowledged; and
- you are at all times in full compliance with these Terms
Other than as set forth above, 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. To the fullest extent permitted by applicable law: (1) 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, including the availability of any feature, database, or content, at any time without notice; (2) In no event will LeapFrog or our licensors be liable for making these changes; and (3) 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 third party product or offering, and no purchase or acquisition of any other product shall be construed to represent or guarantee 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 commercial or business-related activities or to solicit others. You agree not to 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.
To the fullest extent permitted by applicable law, 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 the 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.
3. 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. You are responsible for maintaining the confidentiality of your account and password, and, where permitted by applicable law, 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 or your account 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.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the LeapFrog Services if you engage in, encourage or advocate illegal conduct or if you fail to comply with these Terms or LeapFrog’s Software License Agreement. LeapFrog reserves the right to accept or refuse your application for an account (in our absolute discretion).
5. User Comments
LeapFrog may offer community features as part of the LeapFrog Services that allow you to post reviews, comments, photos and other content.
When you use the LeapFrog Services, you agree not to upload, post, modify, distribute, transmit, or otherwise make available any user-submitted content that:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, vulgar, indecent, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
- violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right;
- impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or interfere with someone else’s use of the LeapFrog Services;
- restricts or inhibits any other user from using the LeapFrog Services,
- contains advertising of any kind, including a link to any third-party website or services;
- constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law;
- constitutes or contains false or misleading indications of origin or statements of fact;
- are false regarding you;
- constitutes a charity request, petition for signatures, chain letter, letter or information relating to one or more pyramid schemes, advertising or solicitation for funds, political campaigning, mass mailing, any form of unsolicited commercial email or “spam,” or an offering or dissemination of fraudulent goods, services, schemes or promotions;
- is harmful, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or
- violates any applicable local, state, provincial, national or international law.
If you do post content or submit material through the LeapFrog Services, you hereby grant LeapFrog a nonexclusive, royalty-free, 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 for the term of the protection of the rights so licensed, including, without limitation, in connection with advertising our product and reviews. Where permitted by applicable law, the license you grant LeapFrog is irrevocable and perpetual. You hereby 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. Where permitted by applicable law, you hereby waive any moral rights you may have in such content. By posting user-submitted content, you represent and warrant that you own or otherwise have all necessary rights, consents, or permissions to the content that you post in order to allow us to enjoy all of the rights and privileges granted to us under these Terms, including from all individuals who are identifiable in your content, or of the individual’s parent or legal guardian if the individual is under 18 years old; 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. You further represent and warrant that use and distribution of your content by LeapFrog will not infringe or violate the rights of any third party. To the fullest extent permitted by applicable law, LeapFrog takes no responsibility and assumes no liability for any content posted by you or any third party and has no obligation to use or publish any such content. Other users may be able to access and view your user-submitted content on the LeapFrog Services. Once you post or share such content with other users of the LeapFrog Services, you hereby grant those users a non-exclusive license to access and use such content, as long as that use is consistent with these Terms and the functionality of the LeapFrog Services.
6. Electronic Communications
When you use parts of the LeapFrog Services or send e-mails, text messages, and other communications from your desktop, laptop, or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, including but not limited to e-mails, text messages, mobile push notices, or notices and messages on this Site or through other LeapFrog Services or our service providers, and you can retain copies of these communications for your records. Furthermore, you consent to receive communications from LeapFrog or our service providers that may: (i) solicit Feedback via e-mail, surveys, bug reports, or other methods LeapFrog may determine; (ii) collect additional information regarding issues you report in your Feedback; (iii) notify you of changes to the LeapFrog Services or these Terms; and (iv) tell you about future LeapFrog programs, products or services. You also agree that we may share your contact information with our service providers, and, to the extent necessary to enable such communications, with other third parties. 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.
7. 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.
8. Purchasing Physical Products
Warranty Information: Warranty information on LeapFrog products can be found at Warranty information.
9. 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 may 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, if available, 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. This does not affect your rights as a consumer that cannot be excluded under the law in your usual place of residence, including, where applicable, your right to withdraw from a purchase transaction for digital content without charge and without giving any reason for a duration of fourteen days or until LeapFrog's performance of its obligations has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal, whichever is sooner.
Devices: You may download one (1) copy of each digital product purchased on up to five (5) 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. 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. It is your sole responsibility to review and familiarize yourself with the terms and policies of third party websites, products and services, and to act in accordance with such third party policies. 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 reserves the right to de-link from any and all third party sites at any time. No use of LeapFrog’s trademark may be made in connection with such link without LeapFrog’s approval and LeapFrog reserves the right to bar such link at any time.
11. 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. WE SHALL HAVE THE RIGHT TO DEFEND, SETTLE, AND COMPROMISE ANY SUCH CLAIM WITH COUNSEL OF OUR OWN SELECTION. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE THEREOF. YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF LEAPFROG.
ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE BODY OF THE SITE OR OTHER SERVICES AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICES, SUCH GREATER RESTRICTIONS SHALL APPLY. 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.
12. Dispute Resolution
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE (AND OUR AFFILIATES, DEFINED BELOW) AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING.
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to statutorily imposed limitations periods, the right to engage in certain discovery, the right to certain remedies and forms of relief, and the right to court review of any award—which may not be available in arbitration.
To the fullest extent permitted by law, 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” should be interpreted as broadly as possible, and includes, but is not limited to, any dispute, action or other controversy between you and us concerning the LeapFrog Services, or these Terms, use of the Site, and any purchases of goods or services, whether in contract, tort, warranty, statute or regulation or other legal or equitable basis.
Most of our customers’ concerns can be resolved by calling Customer Service at (800) 701-5327. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how any Disputes (as defined below) are resolved through arbitration.
Choice of Law: This agreement is governed by the laws of the State of California, without giving effect to any conflict of laws principles.
Venue: 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.
Informal Negotiation: Any party who intends to seek arbitration must first provide to the other party a written notice of the Dispute (“Notice”), describing the facts and circumstances of the Dispute and the specific relief sought, and including any supporting documentation. The Notice must be mailed via certified or registered mail to: LeapFrog Enterprises, Inc., 2200 Powell Street, Suite 500, Emeryville, California 94608, USA, Attention: Legal/Arbitration Notice or to you at any billing and/or shipping address in your online account or other known address. If we are unable to reach an agreement through informal negotiation to resolve the Dispute within 60 days after the Notice is received, either party may commence arbitration.
No class actions or consolidation of Disputes: To the fullest extent permitted by applicable law, we agree that any Dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, collective, private attorney general, or representative action, and you further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you sell, assign, or transfer any Dispute. Unless we both agree in writing, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding. The arbitrator may not award declaratory or injunctive relief, order us to pay any monies, or take any actions with respect to persons other than you, and only to the extent necessary to provide relief warranted by that your individual dispute, unless we explicitly consent in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order.
Enforceability: If any portion of this section is found to be void or unenforceable as to a particular claim, then that claim (and only that claim) shall be resolved in the United States District Court for the Northern District of California rather than in arbitration; if there is no federal jurisdiction, the case shall be resolved in state courts located in Alameda County, California.
THE ABOVE PROVISIONS ON CHOICE OF LAW AND VENUE DO NOT AFFECT YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE, INCLUDING, WHERE APPLICABLE, YOUR RIGHT TO BRING A CLAIM RELATING TO THESE TERMS BEFORE THE COMPETENT COURT OF YOUR PLACE OF HABITUAL RESIDENCE.
13. Other Provisions
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.
Feedback: In the event you provide us with any comments, suggestions or feedback regarding your use of the LeapFrog Services (“Feedback”) you hereby grant to LeapFrog a royalty-free, , non-exclusive, worldwide, fully sublicensable license to exploit such Feedback or any derivative thereof in any manner or media without any remuneration, compensation or credit to you for the term of the protection of the rights so licensed, including to improve the LeapFrog Services and create other products and services. Where permitted by applicable law, the license you grant LeapFrog is irrevocable and perpetual.
Termination: If you are dissatisfied with any portion of the LeapFrog Service, or with any of the Terms, please discontinue using the LeapFrog Services. Where permitted by law, this is your sole and exclusive remedy. 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. and we reserve the right to verify your identity as the account holder. We may terminate your access to the LeapFrog Services immediately without notice if you fail to comply with the Terms. You will be responsible for immediate payment of any outstanding charges to your account in the event of termination.
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: Legal Department
LeapFrog Enterprises, Inc.
2200 Powell Street, Suite 500
Emeryville, CA 94608
Fax: (510) 420-5001
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.
Enforcement: LeapFrog reserves the right, but does not have the responsibility, 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).
Additionally, LeapFrog may need to comply with efforts by law enforcement officials, with appropriate jurisdiction, to obtain access to stored data, including content associated with an account or a specific product. You acknowledge that LeapFrog has no obligation to notify you of any such warrants, subpoenas, court orders or other law enforcement requests and, in some cases, LeapFrog may be compelled to refrain from notifying you of such requests. LeapFrog’s compliance with any warrant, subpoena, court orders or other law enforcement requests shall in no way be interpreted as LeapFrog’s agreement or acquiescence to be governed by or subject to the laws of the subject jurisdiction or to be subject to personal jurisdiction of such jurisdiction.
Force Majeure: LeapFrog will be excused from performance under these Terms for any period when we were prevented from or delayed in performing any obligations under these Terms, in whole or in part, due to circumstances beyond our reasonable control, including but not limited to acts of God, flood, fire, earthquake, epidemic, pandemic, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, telecommunications, network, computer, server or Internet downtime, unauthorized access to LeapFrog’s information technology systems by third parties, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
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, unless otherwise noted herein.
Filtering: Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (https://www.getnetwise.org/) and OnGuard Online (https://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such site.
Severability: If any provision of this Agreement or portion thereof is determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, then such provision will, to the extent permitted by the court, not be voided but will instead be construed to give effect to its intent to the maximum extent permissible under applicable law and the remainder of this Agreement will remain in full force and effect according to its terms.
Survival: Upon expiration or termination of these Terms, the rights granted to you under these Terms with respect to the LeapFrog Services or any Software (as defined under the Software License Agreement) will immediately terminate. However, LeapFrog’s license to your Feedback, as well as the limitations on LeapFrog’s liability, the indemnification provisions and the terms pertaining to the dispute resolution process, will survive any expiration or termination of these Terms.
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.
Information or Complaints: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please email email@example.com. You may also contact us by writing to Customer Service at 2200 Powell Street, Suite 500, Emeryville, CA 94608, or by calling us at (800) 701-5327. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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.