Use of the Site and Content
By using the Site, you certify to Leapfrog Online that if you are an individual (i.e., not a corporate entity), you are at least 13 years of age. No one under the age of 13 may provide any personal information on the Site (including, for example, a name, address, telephone number or email address). You also certify that you are legally permitted to use and access the Site, and take full and sole responsibility for the selection and use of the Site.
You may use the Site when it is available. The Site may not always be available. Leapfrog Online reserves the right to change or remove, and restrict or block access to, all or any part of the Site at any time without notice. Leapfrog Online shall not be liable to you or any other party for lack of availability of or access to the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Leapfrog Online server, or to any of the services or Content offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not attempt to intercept, collect, or store data about third parties without their knowledge or consent. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Leapfrog Online, including any Leapfrog Online account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Leapfrog Online reserves the right to terminate your right or ability to access or use the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Leapfrog Online’s systems or networks, or any systems or networks connected to the Site or to Leapfrog Online. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Leapfrog Online on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Leapfrog Online and its suppliers and licensors own all text, graphics, user interfaces, visual interfaces, tools, photographs, images, illustrations, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), whether published on or downloadable from or through the Site, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content. All Content is owned, controlled or licensed by or to Leapfrog Online, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The Site is always a work in transition, and the Content is not permanent and may be edited or removed by Leapfrog Online from time to time. Content published on or downloadable from or through the Site may not be valid or accurate in the future. The content, sources, information and links may change over time and Leapfrog Online shall not be liable for such changes or good-faith inaccuracies, or for any good-faith inaccuracies on the Site or in the Content as a whole.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You are granted a nonexclusive, nontransferable, limited right to access, use and display the Content, provided that you comply fully with these Terms. You may view, copy, print, and use pages and information from this Site for personal and noncommercial purposes, as well as for use within your organization in support of business with Leapfrog Online. In the event you download or copy any Content displayed on the Site, You must maintain all copyright and other notices contained in or applicable to such Content. You may not alter any information or pages in any way, including removing copyright, trademarks or other proprietary rights notices. You may not otherwise use, modify, copy, print, display, reproduce, upload, participate in the transfer or sale of, create derivative works based on, distribute, perform, publish, or in any way exploit, any Content from this Site without Leapfrog Online’s prior written (non-electronic) consent. You may not use or export anything from the Site in violation of U.S. export laws and regulations or these Terms. All rights not expressly granted to you in these Terms are reserved.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes the rights of Leapfrog Online or others.
Caution About Accuracy of Information
This Site and its Content represents current Leapfrog Online services, products and published Content, and is subject to change without notice. There may be information on this Site that is outdated, contains typographical errors, inaccuracies or omissions. You agree not to rely on any information provided on or downloadable through this Site, and Leapfrog Online shall not be liable to you or any other party in the event that you do rely on such information to your detriment.
Additional Terms and Conditions
You agree to abide by such additional terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site or any Content published on or downloadable from or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Leapfrog Online’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Third Party Website Links
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Leapfrog Online’s control or supervision, and Leapfrog Online is not responsible for and does not endorse the content, products or services offered on any such Linked Sites, or make any representation or warranty with respect to such Linked Sites, including any information or materials contained on such Linked Sites. You irrevocably waive any claim against Leapfrog Online with respect to any Linked Sites or third party content.
When you visit Leapfrog Online or send e-mails to us, you are communicating with us electronically. By providing us with your contact information, you consent to receive communications from us, including electronically. We will communicate with you by e-mail, telephone or by posting notices on this site. 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.
Submissions and Postings; Disclosure
Visitors may post reviews, comments, images, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, abusive, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not infringe on the ability of others to enjoy this Site or infringe the rights of others, consist of or contain software viruses, political campaigning, 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 mislead as to the origin of a card or other content. 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 this policy and will not cause injury to any person or entity; and that you will indemnify Leapfrog Online for all claims resulting from content you supply.
You are solely responsible for any information that you submit or post on this Site. We retain the right to deny access to anyone who we believe has violated these Terms.
We reserve the right—but assume no obligation—to monitor, delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. Leapfrog Online does not sponsor, endorse, oversee or in any way control, and takes no responsibility and assumes no liability for, any content posted by you or any third party. We will comply with all requirements of the law regarding disclosure of any submissions or postings on this Site to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this Site.
To the fullest extent permitted under applicable law, Leapfrog Online disclaims all liability, regardless of the form of action, for the acts or omissions of other Leapfrog Online users or any other third party and will not be liable for any damages, direct, indirect, incidental and/or consequential arising out of your use or sharing of Content with any Leapfrog Online user or third party.
Any content or material you submit or post to this Site or otherwise to Leapfrog Online is deemed to be submitted on a non-confidential basis and becomes the sole property of Leapfrog Online. Leapfrog Online may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. You grant Leapfrog Online the right to use the name that you submit in connection with such content, if Leapfrog Online chooses. All such uses by Leapfrog Online shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any such communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of such communications and without liability to that person.
LEAPFROG ONLINE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE OR DOWNLOADABLE FROM OR THROUGH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE OR DOWNLOADABLE FROM OR THROUGH THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LEAPFROG ONLINE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LEAPFROG ONLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. LEAPFROG ONLINE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, ITS PUBLISHED AND DOWNLOADABLE CONTENT AND/OR ANY LEAPFROG ONLINE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, ITS PUBLISHED AND DOWNLOADABLE CONTENT, AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LEAPFROG ONLINE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Leapfrog Online reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, for any reason.
Limitation of Liability
Leapfrog Online has no special relationship with or fiduciary duty to you, and none is created by your use of the Site. You acknowledge that Leapfrog Online has no control over, and no duty to take any action regarding: which users gain access to the Site; which Content you access or download via the Site; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Leapfrog Online from any and all liability related to your use of or access to the Site, or your having acquired or not acquired Content through the Site.
Except where prohibited by law, in no event will Leapfrog Online be liable for any consequential, exemplary, special, incidental, indirect or punitive damages, including damages for loss of profits or confidential or other information, for business interruption, for personal injury, property damage, for loss of privacy, for failure to meet any duty of good faith or reasonable care, for negligence and for any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to these Terms, the Site, Linked Sites, or the Content, even if Leapfrog Online has been advised of the possibility of such damages. Some jurisdictions do not allow limitations of liability, so the foregoing may not apply to you.
You agree to indemnify and hold Leapfrog Online, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Leapfrog Online by any third party due to or arising out of or in connection with your access to or use of the Site or its Content, violation of these Terms, or infringement of any intellectual property or other right of any person or entity.
Applicable Law and Forum
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Illinois without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cook County, Illinois, and waive any objection to such jurisdiction or venue.
Copyright and Trademark Notices
All contents of the Site are © 2017 Leapfrog Online Customer Acquisition, LLC and/or its licensors, 807 Greenwood Street, Evanston, Illinois 60201. All rights reserved. Copyright and other intellectual property laws and treaties protect any software and content provided on the Site. Leapfrog Online and/or its licensors own the title, copyright and other intellectual property rights in the Site, Linked Sites, and the Content. The Leapfrog Online logo and/or other Leapfrog Online product names and services referenced on the Site are the trademarks of Leapfrog Online. All other company names, product names, service names and logos referenced on the Site may be the trademarks of their respective owners.
Leapfrog Online has adopted the following policy toward copyright infringement with respect to the Site in accordance with the Digital Millennium Copyright Act, a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf. The address of Leapfrog Online’s Designated Agent for copyright takedown notices (“Designated Agent”) is listed in the paragraph above.
Reporting Copyright Infringements
If you believe that content residing or accessible on the Site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address above:
1. Identification of the work or material being infringed.
2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Leapfrog Online is capable of finding and verifying its existence.
3. Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
6. The Notifying Party’s physical or electronic signature.
After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, Leapfrog Online shall disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any user of the Site.
Filing Copyright Counterclaims
A user who believes they are the wrongful subject of a copyright takedown notice, may file a counter notification with Leapfrog Online, by providing the following items in writing to the Designated Agent at the address below:
1. The specific URLs of material that GOI has removed or to which GOI has disabled access.
2. User’s name, address, telephone number, and email address.
3. A statement that User consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Cook County, Illinois if your address is outside of the United States), and that User will accept service of process from the person who provided notification or an agent of such person.
4. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
5. User’s signature.
Upon receipt of such a counterclaim, Leapfrog Online will forward it to the party who submitted the original copyright infringement claim. The original complainant will then have 10 days to notify Leapfrog Online that he or she has filed legal action relating to the allegedly infringing material. If Leapfrog Online does not receive any such notification within 10 days, it may restore the material to the Site.
The information contained in this website is subject to change without notice.
Copyright © 2017 Leapfrog Online Customer Acquisition, LLC. All rights reserved.
Updated on May 11, 2017.
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