FLY World Terms of Service

FLY WORLD™ TERMS OF SERVICE

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LEAPFROG ENTERPRISES, INC. ("LEAPFROG") STATING THE TERMS THAT GOVERN YOUR USE OF THE FLY WORLD™ SERVICE (AS DEFINED BELOW). THIS AGREEMENT TOGETHER WITH ALL UPDATED AND ADDITIONAL TERMS COLLECTIVELY CONSTITUTE THE "FLY WORLD SERVICE AGREEMENT" BETWEEN YOU AND LEAPFROG.

TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE FLY WORLD™ SERVICE. IF YOU ARE UNDER THE AGE OF 18, YOU MUST REVIEW THESE TERMS OF SERVICE WITH YOUR PARENT OR GUARDIAN AND MAKE SURE THAT YOUR PARENT OR GUARDIAN UNDERSTANDS THESE TERMS OF SERVICE.

Definition of the FLY World Service. LeapFrog is the provider of the FLY World™ service (the "FLY World Service") that permits you to further and better interact with and update your FLY Fusion™ Pentop Computer (a "Pentop Computer"), as well as purchase and download titles for use with your Pentop Computer.

System and Software Requirements. Use of all of the features of the FLY World Service requires a personal computer, a Pentop Computer, Internet access and an installed and operating version of the FLY World™ PC application software ("FLY World Application"). Your use of the FLY World Application is subject to your agreement to the software license terms and conditions for the FLY World Application. Use of the FLY World Service involves hardware, software, and Internet access that are not necessarily provided by LeapFrog and your ability to use the FLY World Service may be affected by the performance of these items. LeapFrog does not provide you with a personal computer or Internet access. High-speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The FLY World Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the FLY World Service.

Use of Authorized Pentop Computers. You agree to only use Pentop Computers that you own or otherwise have been given permission to use whenever using the FLY World Service. You are responsible for ensuring that any Pentop Computers that you own are only used by individuals that you permit to use such Pentop Computers. LeapFrog may not always be able to determine through technical measures whether a particular individual is an authorized user of a particular Pentop Computer and, as a result, may provide FLY World Services to unauthorized users of a particular Pentop Computer. LeapFrog is not responsible for the results of any FLY World Services provided to an unauthorized user of any Pentop Computer.

Accounts; Your Information; Access by LeapFrog and Privacy Policy.
1. 4.1 Account and Password. You may establish multiple and different types of accounts (generally referred to as an "Account") depending upon your meeting the requirements listed below and any other criteria that LeapFrog may establish for each type of Account. The creation and use of Accounts may not be required to use certain aspects of the FLY World Service but creating an Account may give you access to additional services that would not otherwise be available without creating such Account. For any Account you establish, you are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. If you do not want other users of your computer to have access to your Account, you should not choose to have your password remembered for easy login. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify LeapFrog of any unauthorized use of your Account or any other breach of security. LeapFrog shall not be responsible for any losses arising out of the unauthorized use of your Account. LeapFrog may modify and update Account creation and access criteria at any time to reflect changes in the FLY World Service.
2. 4.2 Organization of Different Accounts. Each individual who possesses a Pentop Computer ("Pentop Computer User") is entitled to create and use a Pentop Computer Profile Account ("Pentop Computer Account") in connection with his/her use of the FLY World Service. An individual who is at least or above the age of thirteen (13) years old ("Admin User") and who may or may not also be a Pentop Computer User is entitled to create, have access to, and manage one "Admin Account" for each operating copy of the FLY World Application. (Unless clearly noted otherwise or discernable from the context, all terms in this Agreement shall apply equally to both a Pentop Computer User and Admin User). Email verification and follow-up confirmation of an Admin Account may be required as a means to help ensure parental involvement in the creation of an Admin Account that will oversee a Pentop Computer Account belonging to a child under thirteen. Each Admin Account may have multiple Pentop Computer Accounts associated with such Admin Account. A Pentop Computer User may be allowed to use certain FLY World Services through the creation and use of a guest profile account ("Guest Account") on his/her own computer or on another Pentop Computer User's computer. LeapFrog is not responsible for any FLY World Services provided to an unauthorized user of a Pentop Computer or an unauthorized user of a Guest Account.
3. 4.3 Admin Account and Pentop Computer Account Rules; Collection of Information. An Admin User who is at least or above the age of eighteen (18) years old or who has access to such person (such as a parent or guardian) may also use the FLY World Service to authorize Pentop Computer Users to download and enter into agreements governing the use of Software Titles. Upon authorization, such Pentop Computer Users may be permitted to purchase and download Software Titles for their use through their Pentop Computer Account. The Admin User or other adult authorizing such activity may be required to pre-pay for any subsequent downloads of Software Titles (defined below) by Pentop Computer Users and may be required to provide payment and identification information (such as valid credit card information) in order to authorize Pentop Computer Users to download Software Titles.
4. 4.4 Disabling Accounts. LeapFrog reserves the right to terminate, disable or not provide all normal features for a particular Account if LeapFrog suspects or becomes aware of any unauthorized or unpermitted use of such Account or any part of the FLY World Service.
5. 4.5 Collection of Your Information. To use certain features provided by the FLY World Service and/or when creating Accounts, you may need to provide certain registration information, including personally identifiable information ("PII"), to LeapFrog ("Registration Data"). Through the FLY World Service, LeapFrog may also be able to automatically collect certain technical data about your Pentop Computer, computer system, and accompanying hardware or software ("Technical Data"), as well as log certain information about your use (including offline use) of the Pentop Computer and the FLY World Service ("Usage Data"). Registration Data, Technical Data, and Usage Data may be collectively referred to herein as "Account Data." You agree to provide accurate, current, and complete Registration Data and to update Registration Data as required to keep it accurate, current, and complete at all times. LeapFrog may terminate your rights to or alter the availability of any or all of the FLY World Service if any Registration Data you provide is false, inaccurate, or incomplete. You further agree that LeapFrog may collect, process, and store the Registration Data you provide (including credit card information) for use in maintaining your Accounts and billing fees to the credit or financial account you designate, and to otherwise use your Registration Data and other Account Data as set forth in our most current online privacy policy available at http://www.flyworld.com/privacy ("LeapFrog Privacy Policy").
6. 4.6 Privacy Policy. LeapFrog's online collection and use of your Account Data is governed by the LeapFrog Privacy Policy. The LeapFrog Privacy Policy describes, in more detail, the types of information LeapFrog collects from users of our Web-enabled products, the way we handle such information, and the choices you may have with respect to our collection and use of your information. The LeapFrog Privacy Policy is expressly incorporated into this Agreement by this reference. You are strongly encouraged to read the LeapFrog Privacy Policy prior to and periodically during your use of the FLY World Service.
8. 4.7 Consent to Transfer/Disclosure. By using the FLY World Service, you hereby unambiguously consent to the collection and processing of your Account Data by LeapFrog and to the transfer of your Account data, as necessary, across international borders, including but not limited to, LeapFrog's headquarters in the United States. You further agree and give LeapFrog the right, without liability to you, to disclose any Account Data to law enforcement authorities, government officials, and/or a third party, as LeapFrog believes is reasonably necessary or appropriate to enforce and/or verify your compliance with any part of this Agreement (including but not limited to LeapFrog's right to cooperate with any legal process in relation to your use of the FLY World Service, and/or a third party claim that your use of the FLY World Service is unlawful and/or infringes such third party's rights).
Purchase of Software Titles For Pentop Computers.
1. 5.1 Availability of Software Titles For Download. LeapFrog will make available for purchase certain software titles ("Software Titles") for use with the Pentop Computer and/or with the FLY World Service. All Software Titles may only be purchased through an Admin Account or a Pentop Computer Account authorized to purchase through the corresponding Admin Account. LeapFrog may modify the inventory of available Software Titles for purchase at any time without notice to you. Your purchase and use of Software Titles is subject to your agreement to be bound by the software license terms accompanying the download of Software Titles.
2. 5.2 Payment for Software Titles. All payments for Software Titles are to be made only by an Admin User or using the payment information provided by an adult under the Admin Account. The Admin User or owner of the payment information agrees to pay for all Software Titles purchased through the FLY World Service, and that LeapFrog may charge such person's credit card for any Software Titles purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with an Admin Account. All fees will be billed to the credit card or other acceptable payment mechanism designated by the Admin Account during the initial account creation process or any time thereafter. If an Admin User wants to designate a different credit card, the Admin User must update the supplied payment information at the appropriate section of the FLY World Service.
3. 5.3 Electronic Signatures and Contracts; Sufficient Legal Age. Your use of the FLY World Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENT AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO THROUGH THE FLY WORLD SERVICE. YOU REPRESENT THAT YOU ARE OF A SUFFICIENT LEGAL AGE NECESSARY TO LEGALLY MAKE THE PURCHASES OR BE BOUND BY LEGAL AGREEMENTS FORMED THROUGH THE FLY WORLD SERVICE. IF YOU ARE UNDER THE AGE OF 18, USE OF THE FLY WORLD SERVICE SHOULD ONLY OCCUR WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
4. 5.4 Delivery of Software Titles. Software Titles that you purchase will be delivered via an electronic download to the computer you are using to access your Account. The Software Title will only be stored locally on such computer. On occasion, technical problems may delay or prevent delivery of your Software Title. Your exclusive and sole remedy with respect to any Software Title that is not delivered within a reasonable period will be either replacement of such Software Title, or refund of the purchase price paid for such Software Title, as determined by LeapFrog.
5. 5.5 Sales and Information. All sales of Software Titles are final unless there is a condition permitting refund and return of a Software Title pursuant to the software license agreement governing use of such Software Title.
General Usage and Access Rules; Third Party Services
1. 6.1 Circumvention and Security. You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the FLY World Service or used to monitor or enforce these FLY World Service Agreement terms. LeapFrog may implement DRM or other similar security systems that contain measures designed to prevent unauthorized copying of software used with, accessed through or obtained via FLY World Services.
2. 6.2 Compliance with Laws Generally. The FLY World Service is controlled and operated by LeapFrog from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the FLY World Service.
3. 6.3 Responsibility For Your Individual Content. The FLY World Service may offer features that allow you to, among other things, submit, store, manipulate and distribute content selected or produced by you ("Individual Content"). You represent and agree that such Individual Content and any use by you of features that allow for the posting or sharing of Individual Content shall be your sole responsibility, shall not infringe or violate the intellectual property or other rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances necessary to engage in such activities. The FLY World Service may be accessible through public computers, a third party's computer or other computers that you do not exclusively use ("Public Computers") and you are solely responsible for not permitting copies of your Individual Content to be accessible by other users of Public Computers.
5. 6.4 Access by LeapFrog to Accounts and Pentop Computers. LeapFrog may access any Pentop Computers associated with an Account for purposes of collecting data and altering authorizations for Software Titles. You acknowledge that LeapFrog is permitted to engage in such activities as part of the FLY World Service and in order to assist LeapFrog in enforcing terms regarding the use of the FLY World Service, Pentop Computers, and Software Titles.
6. 6.5 Third Party Services. The FLY World Service may facilitate your use of third party services not provided by LeapFrog ("Third Party Services") such as, by example only and without limitation, permitting you to post Individual Content on a blog service owned and operated by a separate third party company. LeapFrog makes no representations or warranties regarding the performance of such Third Party Services, their compliance with applicable laws and regulations, or any other aspect of such Third Party Services. Your use of Third Party Services is at your own risk and you are solely responsible for complying with all legal and contractual requirements necessary for using Third Party Services.
Intellectual Property and Features of FLY World Service.
1. 7.1 Acknowledgement of Ownership. You agree that the FLY World Service, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by LeapFrog and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the FLY World Service in compliance with the terms of this Agreement. No portion of the FLY World Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the FLY World Service, in any manner, and you shall not exploit the FLY World Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
2. 7.2 Removal of Content or Features. Notwithstanding any other provision of this Agreement, LeapFrog and its licensors reserve the right to change, suspend, remove, or disable access to any content, features or other materials comprising a part of the FLY World Service at any time without notice. LeapFrog may also impose limits on the use of or access to certain features or portions of the FLY World Service, in any case and without notice or liability.
3. 7.3 Trademarks. All LeapFrog logos and trademarks used in connection with the FLY World Service are trademarks or registered trademarks of LeapFrog in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the FLY World Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Termination. If you fail to comply with any of the provisions of this FLY World Service Agreement, including but not limited to failure to make payment of fees due, failure to provide LeapFrog with a valid credit card or with accurate and complete Registration Data, failure by you to keep your Registration Data private, or your infringement or other violation of third parties' rights, LeapFrog, at its sole discretion, without notice to you may: (i) terminate this FLY World Service Agreement and you will remain liable for all amounts due under your Account up to and including the date of termination; (ii) terminate the rights of any Account; and/or (iii) preclude access to the FLY World Service (or any part thereof).

Disclaimer of Warranties; Liability Limitations.
1. 9.1 Uninterrupted Service. LEAPFROG DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE FLY WORLD SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME LEAPFROG MAY REMOVE THE FLY WORLD SERVICE FOR INDEFINITE PERIODS OF TIME FOR MAINTENANCE PURPOSES. FURTHER YOU ACKNOWLEDGE THAT LEAPFROG'S CONTINUED PROVISION OF THE FLY WORLD SERVICE RELIES UPON THE GENERAL OPERATION OF THE INTERNET AND WORLD WIDE WEB AND CERTAIN FACTORS NECESSARY FOR THE CONTINUOUS OPERATION OF THE INTERNET AND WORLD WIDE WEB ARE BEYOND LEAPFROG'S CONTROL.
2. 9.2 No Warranties. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE FLY WORLD SERVICE IS AT YOUR SOLE RISK. THE FLY WORLD SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
3. 9.3 Disclaimer of Certain Damages. IN NO CASE SHALL LEAPFROG, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE FLY WORLD SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE FLY WORLD SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR FEATURE POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FLY WORLD SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LEAPFROG'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
4. 9.4 Disclaimer of Losses, Intrusions, and Attacks. LEAPFROG DOES NOT REPRESENT OR GUARANTEE THAT THE FLY WORLD SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LEAPFROG DISCLAIMS ANY LIABILITY RELATING THERETO.
Waiver and Indemnity. BY USING THE FLY WORLD SERVICE, YOU AGREE TO INDEMNIFY AND HOLD LEAPFROG, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS FLY WORLD SERVICE AGREEMENT, YOUR USE OF THE FLY WORLD SERVICE, OR ANY ACTION TAKEN BY LEAPFROG AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS FLY WORLD SERVICE AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS FLY WORLD SERVICE AGREEMENT HAS OCCURRED.

Changes. LeapFrog reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this FLY World Service Agreement and the referenced LeapFrog Privacy Policy and to impose new or additional rules, policies, terms, or conditions on your use of the FLY World Service. Unless expressly stated to the contrary, such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this FLY World Service Agreement. Your continued use of the FLY World Service following LeapFrog's adoption and posting of any Additional Terms will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this FLY World Service Agreement by this reference. The most recent terms of the FLY World Service Agreement and LeapFrog Privacy Policy are always available for viewing at http://www.flyworld.com/terms and such posted terms will show the last date such terms were updated.

Venue. You expressly agree that exclusive jurisdiction and venue for any claim or dispute with Leapfrog or relating in any way to your use of the Software resides in the state or federal courts of Alameda County, California. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of these courts.

Miscellaneous. This Agreement is governed by the laws of the State of California, without reference to its principles of conflicts of laws. If any provision of this Agreement shall be unlawful, void, or unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement is the complete, final and exclusive statement of the agreement between the parties with respect to the subject matter hereof, and supersedes any proposal or prior or contemporaneous agreement or communications between us (whether oral or written) relating to the subject matter hereof. This Agreement may only be modified in a writing signed by both parties. No failure or delay (in whole or in part) on the part of either party to exercise any right or remedy hereunder shall operate as a waiver thereof or affect any other right or remedy. Waiver of a breach shall not waive the right to enforce any subsequent breach under this Agreement. If you have any questions regarding this Agreement, you may contact LeapFrog at the address appearing on LeapFrog's website at http://www.flyworld.com/contact.