Terms and Conditions
VTech Electronics North America LLC (hereinafter called "VTech") appreciates your interest in our company and your visit to our website (hereinafter called "this Website"). The following conditions set forth the basic rules that govern your use of this Website.
Please read these Terms and Conditions. If you do not agree to these Terms and Conditions, please leave this Website now.
Your use of this Website constitutes your terms to comply with these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Website. Each time you use this Website, the current version of these Terms and Conditions will apply. Accordingly, when you use this Website, you should check the date of these Terms and Conditions (which appears at the end of these Terms and Conditions) and review any changes since the last version.
VTech may change these Terms and Conditions and any other rules that govern your use of this Website, and your use of this Website after such changes constitutes your terms to follow those revised Terms and Conditions. In addition to changes in these Terms and Conditions, VTech may change, edit, delete or revise portions of this Website at any time without notice.
Website Contents and Copyright Infringement
The text, images, graphics, video files and their arrangement on this Website are the property of VTech and its licensors (collectively referred as "VTech Content") and are subject to copyright and other intellectual property protections. The VTech Content may not be copied for commercial use or distribution, nor may the VTech Content be modified or reposted to other sites. Access to and use of this Website are solely for your personal information, education and communication to VTech. VTech grants you a non-exclusive, non-sublicensable and non-transferable license to use the VTech Content for non-commercial use. You acknowledge that you shall acquire no rights to the VTech Content other than the license in accordance with these Terms and Conditions as set out herein. Except as specially set forth herein, VTech retains all rights, title and interests in the VTech Content and all other features of this Website.
It is our policy to terminate account privileges of any customer who repeatedly infringes the copyright rights of others.
Without limiting the foregoing, if you believe that your work has been copied and posted on this Website 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 this Website; (iv) your address, telephone number, and email address; (v) a written statement that to your knowledge and belief 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 and any other information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The address for claims of copyright infringement can be found in Section 17 below.
Acceptable Use Policy.
Accuracy of Information. If you submit any information to VTech through this Website 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. If you establish an account through this Website, 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.
Log-In Information. During the registration process, you will select a user/screen name and password. You are responsible for protecting the security and confidentiality of that log-in information. 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. Please notify VTech immediately if you become aware of any unauthorized use of your log-in information or any other breach or threatened breach of this Website's security. VTech' contact information is located in Section 17.1 below.
Security Rules. Do 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 this Website; (d) breach any security or authentication measures; (e) transmit data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other code that adversely affects the operation of this Website 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 this Website or otherwise interferes with service to any host, network, or other user; (g) violate or attempt to violate the security of this Website; (h) breach any other obligations in these Terms and Conditions or any other VTech terms applicable to you; or (i) attempt to do any of the preceding.
Other Restrictions. (a) You will not use this Website 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, racists, hateful or that constitutes harassment. (b) You will not use any automated systems to log on to this Website or to download or transmit VTech Content or other information available on or related to this Website. (c) Your submission to, or posting of, any text, graphics, images, photographs, audio and/or video files, information, ideas or other communications on this Website, 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.
VTech undertakes no obligation to update, amend or clarify information on this Website, including without limitation, financial information. No specified update or refresh date applied in this Website should be taken to indicate that all information on this Website has been modified or updated. Please remember when reviewing information on this Website 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 this Website to become inaccurate or incomplete. Any news releases contained on this Website are dated to indicate the last time such information was modified by VTech. No other specified date or refresh date applied in this Website 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 this Website has not been rendered inaccurate or incomplete by subsequent events. This Website 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 link in this Website is provided as a convenience to you and does not imply endorsement by VTech of the Linked Sites or any association with its operators. You are responsible for viewing and abiding by the privacy statements and Terms and Conditions posted at the Linked Sites.
User Comments and Other 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 this Website or via any other channel (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.
Registration, Accounts and Passwords
If you create an account on this Website, 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 (a) any loss of your password or account identifiers and (b) 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 these Terms and Conditions. If you create an account for Learning Lodge Navigator on this Website, you will automatically be registered for an account for Club VTech.
Termination of Accounts; Loss of Information. You may terminate your account for this Website at any time by contacting VTech Customer Services Department at the telephone number listed in Section 17.1 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.
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 this Website 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.
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, and any such resale is strictly prohibited.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Website are the registered and/or unregistered trademarks of VTech Holdings Limited, its affiliates and others. Nothing contained on this Website or in these Terms and Conditions grants to you, by implication, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of VTech or such third party that may own the displayed Trademark.
Limitations on Liability - Disclaimer
YOU ACKNOWLEDGE: (1) THAT YOUR USE OF THIS WEBSITE 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 THIS WEBSITE; AND (3) THAT VTECH OR ITS AFFILIATES OR SUPPLIERS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS WEBSITE, 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. IN NO EVENT WILL VTECH'S LIABILITY ARISING FROM OR RELATED TO THIS WEBSITE, THE VTECH CONTENT OR THESE Terms and Conditions, 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 THIS WEBSITE 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 WEBSITE 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 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 THIS WEBSITE AND THE VTECH CONTENT. VTECH MAY REVISE OR DELETE THE VTECH CONTENT, IN WHOLE OR IN PART, AT ANY TIME WITHOUT NOTICE.
YOU AGREE TO HOLD VTECH HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY FEES, INCURRED BY VTECH AND ITS AFFILIATES AND SUPPLIERS ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE.
These Terms and Conditions are effective unless and until terminated by either you or VTech. You may terminate these Terms and Conditions at any time, however, the provisions of sections 1, 2, 3, 5, 6, 9, 10, 11, 12, 13, 14, 15 and 18 shall survive any such termination. VTech may also terminate these Terms and Conditions at any time and may do so immediately without notice, and accordingly deny you access to this Website if in VTech's sole discretion you fail to comply with any provision of these Terms and Conditions. Upon any termination of these Terms and Conditions by either you or VTech, you must promptly destroy all VTech Content that you have downloaded or otherwise obtained from this Website, as well as copies of that VTech Content, whether made under these Terms and Conditions or otherwise.
Choice of Law and Forum; Consent to Electronic Communications
This Website is controlled and operated by VTech from its offices within the State of Illinois, USA, and VTech makes no representation that any VTech Content is appropriate or available for use in other locations. These Terms and Conditions 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 these Terms and Conditions or your access or use of this Website 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 this Website 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 Website. 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.
If any provision of these Terms and Conditions is held to be unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these Terms and Conditions and that deletion will not affect in any way the remaining provisions in these Terms and Conditions.
Generally. 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.
Infringement Notices. VTech will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, VTech will act to promptly remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to any reference or link to material or activity claimed to be infringing. Send any notice of claimed copyright infringement to VTech at the email or postal address in Section 17.1 above, and in addition, please include in the subject line the word "copyright" for all claims of copyright infringement and the words "intellectual property" for all claims of any other intellectual property infringement.
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.
LAST UPDATED: 10/22/2012
Copyright 2012 - VTech Electronics North America LLC. All rights reserved.