Terms and Conditions
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LAST UPDATED: September 8, 2021
VTech Electronics North America LLC (hereinafter called ‘VTech’, ‘we’, ‘us’) appreciates your interest in our company and your visit to our website, https://www.vtechkids.com/ (hereinafter called the ‘Site’). The following terms and conditions (‘Terms’) set forth the basic rules that govern your use of the Site and services provided through the Site (hereinafter referred to as “use of the Site”). The Terms do not alter in any way the terms or conditions of any other agreement you may have with VTech, or our subsidiaries or affiliates, for products, services or otherwise.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR SITE IF YOU DO NOT AGREE TO ALL OF THESE TERMS. 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 Site to confidential, binding individual arbitration.
Your use of the Site constitutes your agreement to comply with these Terms. If you do not agree to these Terms, please do not use the Site. Each time you use the Site, the current version of these Terms will apply. Accordingly, when you use the Site, you should check the date of these Terms (which appears at the beginning of these Terms) and review any changes since the last version.
VTech may change these Terms and any other rules that govern your use of the Site, and your use of the Site after such changes constitutes your agreement to follow those revised Terms, including the Agreement to Arbitrate and Waive Class Claims. If you do not agree to the amended Terms, you must stop using the Site. In addition to changes in these Terms, VTech may change, edit, delete or revise portions of the Site at any time without notice.
3. Intellectual Property
For purposes of these Terms, ‘VTech 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, along with the selection, arrangement, organization and magnetic translation thereof. VTech or its third-party licensors own all right, title and interest in and to the VTech Content. Nothing in these Terms shall be interpreted to grant an ownership interest in or to the VTech Content. Unless expressly stated, nothing in these Terms shall be interpreted to grant a license in or to any of the VTech Content. None of the VTech 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 including without limitation VTECH and the VTECH logo (collectively the ‘Trademarks’), are the sole property of VTech or its partners, suppliers or licensors. Nothing contained on the Site or in these Terms grants to you, by implication, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of VTech or such third party that may own the displayed Trademark.
Any unauthorized use of the VTech Content, Trademarks or other VTech 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.
4. Use Rights and Limitations
a. LICENSE GRANT; RESERVATION OF RIGHTS
VTech hereby grants to you a royalty-free, personal, non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Site and Services and to use, download and install the Software on your Device for your personal, non-commercial use and subject to these Terms and any other documentation and/or use instructions provided with the Site or Services. Except as expressly stated in these Terms no ownership right, license or other interest in and to any part of the Site or the Services, including without limitation any patent, trademark, copyright, or any other intellectual property or proprietary right concerning or related to the Site or the Services is granted under these Terms or as a result of using the Site or the Services.
b. LIMITATIONS ON USE OF THE SITE AND SERVICES
Unless as otherwise specifically stated in these Terms or as agreed upon in writing between you and VTech, you may not, and you agree not to:
- Collect or use, in any manner and for any reason not specifically associated with your permitted use of the Site or the Services under these Terms, any information or descriptions on the Site or related to the Services;
- ‘Frame’ or use inclusion techniques to enclose any VTech Content, Trademarks, or other content on the Site within another Website or within any other digital content or otherwise misrepresent features of the Site or Services as your own;
- Use any data mining, scrapers, spiders, robots, or similar data gathering or extraction methods to obtain content or information about other users or otherwise from the Site or Services;
- Send malware, Trojans or any other type of damaging file or code;
- Share your account information with any other person or limited acquaintance or knowingly use another user’s account or password, impersonate or misrepresent your true identity;
- Access or attempt to access information from our employees or other third-parties through unauthorized methods;
- Commit or encourage others to commit illegal activities;
- Share any content that is abusive, threatening, libelous, defamatory, obscene or pornographic or use lewd or inappropriate language, in any public forum;
- Use the Service to advertise products or services or solicit any person to buy or sell something or solicit donations or investments;
- Collect personal information from any part of the website for the purposes of marketing, solicitation or otherwise;
- Tamper with, copy, record without authorization, or steal data, whether personal or otherwise, that does not belong to you;
- Harm minors in any way;
- Forge headers or text, or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website Activity; distribute, modify, license, resell, or make any commercial use of the Site or any content on the Site apart from using the Services for their intended uses;
- Use the Site or Services in any manner that violates a third party’s intellectual property rights, including the rights of copyright owners in any content that you use or modify in connection with the Site or Services;
- Attempt to gain unauthorized access to the Site or Services or information contained thereon by any means, including hacking or password mining;
- Use the Site or Services for any purpose or post any content that is unlawful or prohibited by these Terms;
- Attack the security of our servers or any part of our networks or otherwise use the Site or Services in any way that could damage or overburden the Site or Services or interfere with any VTech server or networking equipment, VTech’s provision of the Site or Services, or any user’s use or enjoyment of the Site or Services.
- We may discontinue some or all of the Services and/or Site functionality at any time. We may also terminate your right to use or access the Site and/or Services at any time, and we may also modify the Site and/or Services to make them unavailable or inoperable. You may not authorize or assist any third party to do any of the things prohibited in this section.
c. ADDITIONAL LIMITATIONS ON USE OF SOFTWARE
All Software provided to you is licensed (not sold to you) in accordance with the licenses that accompany the software. Title to software will remain with the applicable licensor(s). Unless and to the extent specifically provided otherwise in the Software or related documentation (including any Readme file), you may not:
- Separate any individual component of the Software for use;
- Incorporate any portion of the Software into other software or compile any portion of it in combination with other software;
- Use the Software, or any portion of it, with any other product or service or over a network;
- Sell, rent, lease, lend, loan, distribute, assign or sublicense the Software or otherwise attempt to transfer any rights to it in whole or in part;
- Misrepresent the Software or any features of the Service as your own;
- Modify, reverse engineer, decompile, remove any proprietary notices, obscure or remove branding or trademarks, disassemble the Software in whole or in part, create any derivative works from or of the Software, or encourage, assist or authorize any other person to do any of these things; or
- User acknowledges and agrees that the technology used and embedded in the Site and Services constitutes the trade secrets, intellectual property and know-how of Vtech, and is great value to VTech.
- Make copies of or distribute the Software or electronically transfer it or any portion of it from one computer to another or over a network.
- You agree to abide by all laws and regulations in effect regarding your use of the Software, including without limitation, its unauthorized use in connection with any copyrighted content. You may not authorize or assist any third party to do any of the things prohibited in this Section.
5. Acceptable Use Policy
a. Accuracy of Information
If you submit any information to VTech through the Site or through any other channel, you (a) warrant that the information you provide is true, accurate and complete and includes all information necessary to make the information you do provide not misleading; and (b) agree that you have not impersonated and will not impersonate another person. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian. If you establish an account through the Site, you will be deemed to have repeated this warranty and covenant each time you log in to your account. In addition, you will not at any time misrepresent your identity, your affiliation with others, or the purpose of any communications.
b. Age Restrictions
VTech sells products for children, but we sell them to adults (age 18 and over). This site is therefore limited to users aged 18 and over. 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.
c. Registration, Accounts and Passwords
Depending on the features and services we provide on the Site, if you create an account on the Site, you agree to be solely 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 are responsible for all financial and other transactions, all information posted, all communications sent, all transactions made, and all other acts and omissions that occur, with the use of your log-in information, whether or not you have authorized that use. You may be liable for losses incurred by VTech as a result of someone else using your account or any unlawful use of your account. You agree to promptly notify VTech of (a) any loss of your password or account identifiers and (b) any unauthorized use of your password or account identifiers, or (c) any other breach or threatened breach of the Site's security. VTech’s contact information is located in Section 18 below. VTech reserves the right to involve local law enforcement as it deems appropriate for criminal acts it becomes aware of. 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 these Terms.
d. Security and Enforcement
You may not: (a) access information, services or other products that are not intended for your use; (b) log on to a server or account that you are not authorized to access; (c) probe, scan or test the vulnerability of any system or network related in any way to the Site; (d) breach any security or authentication measures; (e) transmit data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, are, adware or any other code that adversely affects the operation of the Site or otherwise interferes with service to any host, network, or other user; (f) initiate a denial of service attack or take any other action that adversely affects the operation of the Site or otherwise interferes with service to any host, network, or other user; (g) violate or attempt to violate the security of the Site; (h) breach any other obligations in these Terms or any other VTech terms applicable to you; or (i) attempt to do any of the preceding.
VTech 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 Site and/or a third-party claim that your use of the Site is unlawful and/or infringes such third party's rights).
Additionally, VTech 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 VTech has no obligation to notify you of any such warrants, subpoenas, court orders or other law enforcement requests and, in some cases, VTech may be compelled to refrain from notifying you of such requests. VTech’s compliance with any warrant, subpoena, court orders or other law enforcement requests shall in no way be interpreted as VTech’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.
e. Other Restrictions
(a) You may not use the Site or any of VTech’s other communication tools (i) to violate any law, regulation, court order or contract by which you are bound; (ii) for any purpose that is tortious, abusive, intrusive of another person's privacy, libelous, defamatory, embarrassing, obscene, immoral, threatening, racist, hateful or that constitutes harassment. (b) You will not use any automated systems to log on to the Site or to download or transmit VTech Content or other information available on or related to the Site. (c) Your submission to, or posting of, any text, graphics, images, photographs, audio and/or video files, information, ideas or other communications on the Site, via email or through any other media will not (i) misappropriate the trade secrets of any other person or infringe the copyright, trademark or other proprietary right of any other person; (ii) constitute an unfair or improper trade practice or other wrongful conduct; (iii) contain any instructions or discussions about illegal activities; (iv) encourage or promote any illegal activity; or (v) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law.
6. AGREEMENT TO BINDING ARBITRATION AND WAIVER OF CLASS ACTION
YOU AND WE (AND OUR AFFILIATES AND SUBSIDIARIES, 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 VTech agree to arbitrate all disputes between you and VTech and/or its affiliates arising under the Terms, except disputes relating to the enforcement of VTech’s, its affiliates, subsidiaries, 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 VTech Content, or these Terms and use of the Site, 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)-521-2010. 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 Illinois, 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 Cook County, Illinois. For residents outside the United States, arbitration shall be initiated in Cook County, Illinois, United States of America, and you and VTech 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: 1156 W. Shure Drive, Suite 200, Arlington Heights, IL 60004, 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 Agreement to Arbitrate and Waive Class Claims 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 Illinois rather than in arbitration; if there is no federal jurisdiction, the case shall be resolved in state courts located in Cook County, Illinois.
7. Limitations on Liability
YOU ACKNOWLEDGE: (1) THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE; AND (3) THAT VTECH OR ITS AFFILIATES OR SUPPLIERS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, 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 AND EVEN IF SUCH DAMAGES RESULT FROM VTECH’S NEGLIGENCE OR GROSS NEGLIGENCE. IN NO EVENT WILL VTECH'S LIABILITY ARISING FROM OR RELATED TO THE SITE, THE VTECH CONTENT OR THESE TERMS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EXCEED THE SUM OF $50. VTECH RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE 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. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
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 MAXIMUM EXTENT PERMITTED BY LAW.
8. Disclaimer of Warranties
UNLESS OTHERWISE STATED HEREIN, VTECH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED OR DISCUSSED ON THIS SITE FOR ANY PURPOSE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT PROVIDED ON THE SITE IS PROVIDED ‘AS IS’ AND VTECH MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, ACCURACY OR PERFORMANCE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE AND VTECH MAKES NO REPRESENTATION THAT THE VTECH CONTENT 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, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH RESPECT TO THE SITE AND THE VTECH CONTENT. VTECH MAY REVISE OR DELETE THE VTECH CONTENT, IN WHOLE OR IN PART, AT ANY TIME WITHOUT NOTICE.
NEITHER VTECH NOR ITS AFFILIATED PARTIES MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY CONTENT INCLUDED IN THE SITE. VTECH ALSO MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Except as otherwise expressly warranted herein or in other written documentation executed by an authorized representative of VTech, the entire risk as to the quality, or arising out of the use or performance of, the Site remains with you.
You hereby agree to indemnify, and hold VTech, and all its officers, directors, owners, agents, attorneys, employees, affiliates, contractors, agents, suppliers, licensors and licensees (collectively, the ‘Indemnified Parties’) harmless from and against any and all liability, loss, expense. damage and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach or alleged breach by you of these Terms or the foregoing representations, warranties and covenants, including, without limitation, attorney’s fees and costs. VTech shall have the right to defend, settle and compromise any such claim with counsel of its 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 VTech.
10. Website Updates
VTech undertakes no obligation to update, amend or clarify information on the Site, including without limitation, financial information. No specified update or refresh date applied in the Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on the 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 the Site to become inaccurate or incomplete. Any news releases contained on the Site are dated to indicate the last time such information was modified by VTech. No other specified date or refresh date applied in the 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 ensure that information obtained from the Site has not been rendered inaccurate or incomplete by subsequent events.
11. Third-party Websites
The Site may contain images of and links to third party Web sites or payment gateways (collectively referred as ‘Linked Sites’). The Linked Sites are not under the control of VTech, and VTech is not responsible for the contents and/or operations of any Linked Site. The inclusion of any Linked Site is provided as a convenience to you and does not imply endorsement by VTech of the Linked Sites or any association with its operators. It is your sole responsibility to review and familiarize yourself with the terms and policies of Linked Sites, products and services, and to act in accordance with such third party policies. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGES RELATING TO THIRD PARTY PRODUCTS OR SERVICES THAT ARE FOUND ON THE SITE. VTech reserves the right to de-link from any and all third party sites at any time. Third parties wishing to link to the Site should do so only to the Site’s home page. No use of VTech’s trademark may be made in connection with such link without VTech’s approval and VTech reserves the right to bar such link at any time.
12. User Comments, Ideas, and Submissions
While VTech desires to receive your feedback, 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 the Site or via any other channel (collectively ‘Submissions’) shall be and remain VTech's property. 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. 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.
13. Product and Pricing Information
Products bearing the VTech Trademarks (defined below) 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 the Site is subject to the supply of each particular retailer, distributor or licensee. The information provided on the site is for informational purposes only. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of VTech. We attempt to be as accurate as possible and eliminate errors on the Site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. VTech reserves the right to discontinue any product at any time.
14. Resale of Product
The Site is established to promote products to end-use customers only. We do not sell products via the Site to customers who intend to re-sell or export the products, and any such resale is strictly prohibited.
These Terms are effective unless and until terminated by either you or VTech. You may terminate these Terms at any time by contacting VTech Customer Services Department at the telephone number listed in Section 18 below. If you terminate an account, all VTech Content, downloads and other data associated with that account will be deleted, including VTech Content, downloads and other data that you have purchased and paid for. All other provisions of these Terms shall survive any such termination.
VTech may also terminate these Terms at any time and may do so immediately without notice or liability, and accordingly deny you access to the Site if in VTech's sole discretion you fail to comply with any provision of these Terms. Upon any termination of these Terms by either you or VTech, you must promptly destroy all VTech Content that you have downloaded or otherwise obtained from the Site, as well as copies of that VTech Content, whether made under these Terms or otherwise.
16. Consent to Electronic Communications
When you use parts of the Site or send e-mails, text messages, and other communications from your desktop, laptop, or mobile devise 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 the Site or through other VTech Services, and you can retain copies of these communications for your records. You agree that all terms, 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.
17. Privacy Statement.
These Terms and Conditions constitute the entire terms between you and VTech related to your use of this Website, and they supersede any prior terms or understandings not incorporated herein. If more than one version of these Terms and Conditions applies to any dispute related to this Website, the latest version of these Terms and Conditions will control.
If you wish to contact VTech, please (a) utilize our ‘Contact us’ form located on the web site under the Support Link or (b) telephone VTech's Customer Services Department at 800-521-2010 on Monday through Friday 8:00 AM to 4:30 PM Central Time; If your question or comment relates to copy infringement, you must also comply with Section 17.2 below.
b. Infringement Notices
If you believe that any content on the Site infringes copyright, please provide VTech, at the address below, with a written notice containing all of the requested information below.
- Identification of each copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity which you are requesting be removed or access to which be disabled, and information reasonably sufficient to permit us to locate the material. Please provide a URL to the material that is claimed to be infringing if possible.
- Information reasonably sufficient to permit contact with the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send notices to:
Attn: Legal Department
VTech Electronics North America, LLC
1156 W. Shure Drive, Suite 200
Arlington Heights, IL 60004
You acknowledge that if you do not provide all of the requested information, the notice of alleged infringement may not be valid. You also acknowledge that some or all of the information contained in your notice of alleged infringement may be provided to the alleged infringer. You further acknowledge that under Section 512(f) of the DMCA, knowingly material misrepresentations that content or activity is infringing may subject one to liability and damages. Please visit www.copyright.gov for more information.
It is our policy to terminate account privileges of any customer who repeatedly infringes the copyright rights of others.
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 (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such site.
The provisions of the Terms, which by their nature should survive the termination of the Terms, shall survive such termination.
No waiver of any provision of the Terms by VTech shall be deemed a further or continuing waiver of such provision or any other provision. VTech’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms 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 these Terms will remain in full force and effect according to its terms.
22. Information or Complaints for California Users
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 fill out the Customer Support Email Form on the website. You may also contact us by writing to Customer Service at 1156 W. Shure Drive, Suite 200, Arlington Heights, IL, or by calling us at (800) 521-2010. 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.
23. Entire Terms
These Terms constitute the entire terms between you and VTech related to your use of the Site, and they supersede any prior terms or understandings not incorporated herein. If more than one version of these Terms applies to any dispute related to the Site, the latest version of these Terms will control.