October 26, 2007
VTech Holdings Limited and its affiliates (collectively "VTech") appreciates your interest in our company and your visit to our Website ("Site"). The following conditions set forth the basic rules that govern your use of our Site.
PLEASE READ THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PLEASE LEAVE THIS SITE NOW.
1. Agreement
Please carefully read the following Terms of Use before using the Site. Your use of our Site constitutes your agreement to comply with the following conditions of use. If you do not agree to the these Terms of Use, please do not use this Site. Each time you use the Site, the current version of the Terms of Use will apply. Accordingly, when you use the Site, you should check the date of the Terms of Use (which appears at the top) and review any changes since the last version.
2. Modification
VTech may change the rules that govern your use of our Site from time to time, and your use of our Site after such changes constitutes your agreement to follow the rules as changed. In addition to changes in the rules, VTech may change, edit, delete or revise portions of our Site at any time without notice.
3. Site Contents and Copyright
The text, images, graphics, video files and their arrangement on our Site are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Access to and use of our Site are solely for your personal information, education and communication to VTech. You may download, copy or print the contents of our Site for your personal use only. No right, title or interest in any of the contents of our Site is transferred to you as a result of any downloading, copying, printing or use of our Site.
It is our policy to terminate account privileges of any customer who repeatedly infringes the copyright rights of others upon receipt of proper notification to VTech by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the 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 our Site; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you,
made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. VTech’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: VTech Electronics North America, LLC., Attention: Copyright Agent, 1155 W. Dundee Rd, Ste. 130 Arlington Heights, IL 60004 USA or via email at vtechkids@VTechkids.com.
4. Liquidated Damages
If you breach this agreement by using any data or material from this Site for any use other than for your own personal, non-commercial purpose, you acknowledge that you will have caused substantial harm to VTech World Wide, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay VTech $1000 for each such instance.
5. Site Updates
VTech undertakes no obligation to update, amend or clarify information on our Site, including without limitation, financial information. No specified update or refresh date applied in our Site should be taken to indicate that all information on our entire Site has been modified or updated. Please remember when reviewing information on our Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on our Site to become inaccurate or incomplete.
Any news releases contained on our Site are dated to indicate the last time such information was modified by VTech. No other specified date or refresh date applied in our Site should be taken to indicate that information contained in archived press releases was updated past its initial publication date. VTech undertakes no obligation to update, amend or clarify previously published press releases. It is the user's responsibility to insure that information obtained from our Site has not been rendered inaccurate or incomplete by subsequent events.
6. User Comments and Other Submissions
While VTech desires to receive feedback from consumers, unless specifically requested by VTech in writing, please do not send VTech any creative or original concepts, ideas, materials or products, or confidential or proprietary information. All comments, feedback, ideas, suggestions or other information submitted or offered to VTech on or via our Site or otherwise (collectively "Submissions") shall be and remain VTech's property. Any such disclosure or offer of any Submissions shall constitute an assignment to VTech of all worldwide rights, titles and interest in all intellectual properties in the Submissions. Thus, VTech will own exclusively all such rights, titles and interests in any Submissions, and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. VTech is and shall be under no obligation to maintain any Submissions in confidence, to pay any compensation for any Submissions, or to respond to any Submissions
You agree not to use this Site for any illegal or immoral purpose.
7. Registration, Accounts and Passwords
If you create an account on the Site, you agree to be responsible for: maintaining the confidentiality of passwords or other account identifiers which you choose and all activities that occur under such password or account identifiers. You agree to promptly notify VTech of: (i) any loss of your password or account identifiers and (ii) any unauthorized use of your password or account identifiers. VTech will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.
8. Product and Pricing Information
Products of VTech and its brands are sold in the United States and in more than 100 countries worldwide through retailers, distributors and licensees. Availability of any products displayed or described in this site is subject to the supply of each particular retailer, distributor or licensee. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of VTech. VTech reserves the right to discontinue any product at any time.
9. Resale of Product
Our Internet operations are established to sell products to end-use customers only. We do not sell products via the Internet to customers who intend to re-sell or export the products.
10. Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on our Site are the registered and/or unregistered trademarks of VTech Holdings Limited, its affiliates and others. Nothing contained on the Web Site or in this Agreement serves to grant to you, by implication, or otherwise, any license or right to use any Trademark displayed on this Web Site without the written permission of VTech or such third party that may own the displayed Trademark.
11. Limitations on Liability - Disclaimer
YOU ACKNOWLEDGE, BY YOUR USE OF OUR SITE: (1) THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE; AND (3) THAT VTECH SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION. FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF VTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VTECH RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THIS SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, VTECH, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE CONTENT PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" AND VTECH MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, ACCURACY OR PERFORMANCE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE AND VTECH MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS WEBSITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO VTECH EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. VTECH DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND THE CONTENT THEREIN. VTECH MAY REVISE OR DELETE THE CONTENT, IN WHOLE OR IN PART, AT ANY TIME WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
12. Indemnification
YOU AGREE TO INDEMNIFY AND HOLD VTECH HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF OUR SITE.
13. Termination
This Agreement is effective unless and until terminated by either you or VTech. You may terminate this Agreement at any time, however the provisions of sections 3, 4, 6, 7, 11, 12, 14, and 15 shall survive any such termination. VTech may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to our Site if in VTech's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or VTech, you must promptly destroy all materials downloaded or otherwise obtained from our Site, as well as copies of such materials, whether made under the terms of this Agreement or otherwise.
14. Choice of Law and Forum; Consent to Electronic Communications
Unless otherwise specified, the content and information contained on this Site is presented solely for your convenience. This Site is controlled and operated by VTech from its offices within the State of Illinois USA and VTech makes no representation that any content or information is appropriate or available for use in other locations. These Terms of Use shall be governed and construed in accordance with the laws of the State of Illinois, excluding its conflicts of law rules. Any dispute arising out of or relating to this Terms of Use or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located within Cook County in the State of Illinois, and you hereby submit to the personal jurisdiction of such courts. When you visit our Site 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 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.
15. Privacy Statement
VTech is committed to protecting the privacy of the visitors to its Site. For information on how information is collected, used, or disclosed by VTech in connection with your use of this Site, please consult our Privacy Statement which is incorporated into these Terms of Use by reference.
16. Entire Agreement
The provisions and conditions of these Terms of Use constitute the entire agreement between you and VTech and its affiliates or other related entities related to the use of the Site and supersedes any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between the Terms of Use and any future published Terms of Use or understanding, the last published Terms of use shall take precedence.
Should you have any questions concerning this Agreement, or if you desire to contact VTech for any reason, please contact our Webmaster.
