Effective: September 29th, 2015
This is a legal agreement (“Agreement”) between you and LeapFrog Enterprises, Inc. (“LeapFrog”). LeapFrog is offering a new subscription service that provides subscribers with access to a limited selection of videos, music, games, eBooks, and other content from the LeapFrog App Center for use on certain compatible devices (the “Subscription Service” or “Service”). LeapFrog may continually test various aspects of the Subscription Service and therefore is offering the Service to a select group of existing LeapFrog customers only. You must be at least18 years of age to purchase the Subscription Service. BY USING THE SUBSCRIPTION SERVICE, YOU ACCEPT AND AGREE TO THESE TERMS. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SUBSCRIPTION SERVICE. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SUBSCRIPTION SERVICE.
If you agree to be bound by all the terms and conditions below, click the “Start Your Free Trial” button. By clicking, “Start Your Free Trial,” you are agreeing on your own behalf and/or on behalf of your dependents to the terms and conditions stated below. If you cannot agree to the terms of this Agreement, do not click “Start Your Free Trial,” and you will not be permitted to use the Subscription Service.
Nature of the Subscription Service
You understand and acknowledge that:
- The Subscription Service is being offered by invitation only for a limited period of time, is not transferable to another person, and is currently not available to the general public;
- LeapFrog may change, withdraw, or discontinue the Subscription Service in its sole discretion;
- LeapFrog may continually test various aspects of the Subscription Service, including service levels, plans, promotional features, availability of content, delivery and pricing. The provision of a particular subscription, plan, package, offer, or promotion in one instance does not entitle anyone else to such arrangement in the future under similar or different circumstances;
- In LeapFrog’s sole discretion, the subscription fees for the Subscription Service may vary among subscribers (with LeapFrog expressly reserving the right to provide the Subscription Service to other subscribers at no cost) and, upon prior notice as required by applicable law, increase such fees at any time;
- The Subscription Service may contain errors or inaccuracies, and LeapFrog is not obligated to correct errors, correct the effects of errors or provide any technical support;
- You will not disclose to any third party any problems, issues, ideas, feedback, suggestions for enhancements, or performance data for the Subscription Service (“Feedback”);
- To the extent you provide Feedback to LeapFrog, LeapFrog may use such Feedback without any right to compensation from LeapFrog; and
- Wi-Fi connection is required to access the Subscription Service library and download content to your device.
Without limiting the foregoing, LeapFrog will not be liable to you or any third party for any modification or cessation of the Subscription Service or modification to fees or other charges for the Subscription Service.
The Subscription Service provides members with access to a limited selection of video, music, games, eBooks, and other content from the LeapFrog App Center, which may not include certain titles and characters that are available for purchase through the LeapFrog App Center. LeapFrog reserves the right to at its sole discretion to make changes to the Subscription Service content selection from time to time, including removing and/or adding new titles, without prior notice. Subscription Service content may be downloaded on up to five (5) LeapPad Platinum tablets. Access to the Subscription Service content will end upon cancellation or termination of the Subscription Service.
By providing a credit card or other payment method accepted by LeapFrog (“Payment Method”) for your Subscription Service membership, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Subscription Service to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging on to leapfrog.com and clicking the “LeapUp Membership” link on the “My Account” page.
When you provide a Payment Method to access the Subscription Service, including in connection with a trial period offer, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. In some instances, your credit limit or balance may reflect the authorization hold during your free trial period. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
Subscription Service Fees and Credits
As used throughout this Agreement, “billing the applicable monthly subscription fee” shall indicate a charge or debit, as applicable, against your Payment Method for the monthly subscription fee as stated at the time of purchase (as may be adjusted by LeapFrog pursuant to this Agreement) plus any applicable taxes. LeapFrog may change the subscription fee or other charges for the Subscription Service from time to time. If LeapFrog increases the subscription fee or other charges for the Subscription Service, we will give you advance notice of these changes by email and you authorize LeapFrog to charge you the increased fee or charge unless you cancel the Subscription Service within the time frame provided in such email. However, we may not notify you of changes in any applicable taxes.
Very rarely, if there are special circumstances where LeapFrog determines it is appropriate (e.g., the Subscription Service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at LeapFrog’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
We reserve the right to pursue any amounts you fail to pay in connection with the Subscription Service. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
Subscription Start Date
The applicable monthly subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier (“Subscription Start Date”), and on each monthly renewal thereafter (each such month, a “Monthly Period”) unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to this Agreement. In the event the Subscription Start Date is a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28.
Free Trial Periods
If your subscription includes a free trial period, we will bill your Payment Method for the initial monthly subscription fee on the Subscription Start Date unless you cancel prior to 11:45 p.m. Pacific Time on the last day of your trial period. LeapFrog may not provide notice that your trial period is ending. However, you may view the specific details of your Subscription Service, including your free trial period end date by clicking “LeapUp Membership” on the “My Account” page at leapfrog.com.
You may cancel your subscription at any time by logging on to leapfrog.com and clicking the “LeapUp Membership” link on the “My Account” page. You must cancel your subscription before it renews each Monthly Period in order to avoid the next billing. LeapFrog will not prorate, credit or provide partial payments for Subscription Services cancelled before the end of the Monthly Period in which you cancel.
Subscription Service Feedback
For purposes of communicating with LeapFrog about the Subscription Service, you agree to provide an accurate mailing address, email address, and telephone number, and you acknowledge and agree that LeapFrog may communicate with you to the extent consistent with applicable law for purposes of understanding the quality and usability of the services and related marketplace considerations, as well as soliciting Feedback from you regarding the Subscription Service.
DISCLAIMER OF WARRANTIES: THE SUBSCRIPTION SERVICE, INCLUDING RELATED CONTENT AND SOFTWARE, 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 SUBSCRIPTION SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
Severability: If any provision of the Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
Survival: The provisions of the Agreement, which by their nature should survive the expiration or termination of the Agreement, including without limitation the section on “Nature of Subscription Service,” shall survive such expiration or termination.
Waiver: No waiver of any provision of the Agreement 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 Agreement shall not constitute a waiver of such right or provision.
Questions/Comments/Concerns: If you have any questions, comments, or concerns about the Agreement, the Subscription Service or our products, in general, email firstname.lastname@example.org.