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GENERAL TERMS AND CONDITIONS REGARDING
THE LEARNING LODGE FOR INSTALLATION AND USE
These Terms and Conditions have been updated as of 19 February 2016.
These General Terms and conditions regarding the Learning Lodge (Terms and Conditions) consist of the following sections:
I. Terms and conditions of Installation and Use
I. TERMS AND CONDITIONS OF INSTALLATION AND USE
I.1. Learning Lodge
1. The Learning Lodge enables you to download free and/or payable digital software programs or firmware owned by VTech or its licensors, including but not limited to e-books, games and award certificates (“VTech Software”) via the Internet from a VTech-designated server (“Server”) on a designated Personal Computer, laptop or Mac® from which the VTech Software can be uploaded onto a VTech Software compatible hardware product (“VTech Hardware Product”). In order to download VTech Software it may be necessary to download additional software applications offered and provided through the Learning Lodge first and it may require you to accept additional terms which will be presented to you before you can use these additional software applications. When the term “Learning Lodge” is used in the Terms and Conditions it also refers to other software applications, VTech Software and content made available through Learning Lodge. We particularly draw your attention to sections I.6.3 and I.11 below, which explains the circumstances in which we may suspend or terminate your use of the Learning Lodge and the conditions and limitations which apply to our liability to you in connection with the Learning Lodge.
I.2. Applicability and acceptance
1.The following specifies the Terms and Conditions on which VTech Electronics Europe PLC (registered company number 02178243) Napier Court, Abingdon Science Park, Abingdon, Oxfordshire, OX14 3YT (“VTech”) offers you to install and use the Learning Lodge and may be varied by us in accordance with section I.2.5 and I.6.3 below. Please read the Terms and Conditions carefully before installing and using the Learning Lodge on your computer.
2. The Learning Lodge is intended solely for the use of individuals who already own VTech Hardware Products. If you do not currently own and possess one of these products, DO NOT use the Learning Lodge and DO NOT download the software or firmware available on the Learning Lodge. If you disregard this section and download software or firmware despite not currently owning a VTech Hardware Product, VTech will not be responsible for any damage or loss caused to your device or information stored thereon, and you may be held legally liable for any resulting damage or loss caused to VTech by your download.
3. The Learning Lodge is available for individuals aged 18 years or older. If you are under the age of 18, you should not use the Learning Lodge alone. Instead, review these terms and conditions with your parent/guardian to make sure you and your parent/guardian understand these terms and conditions. These terms and conditions create an agreement between VTech and an adult parent/guardian of any child who uses the Learning Lodge.
5. VTech may revise the Terms and Conditions from time to time with or without notice to you. If we make only minor changes to these Terms and Conditions without materially changing your rights or obligations, we will post the revised Terms and Conditions on the Learning Lodge and they shall take effect immediately when they are posted. We recommend that you regularly review information posted by us within the Learning Lodge to keep up to date with such changes. We will notify you by email or through our online services if we make a change that materially alters your rights or obligations. If you do not accept any change, then you are free to terminate the agreement with us and stop using the Learning Lodge or software or firmware downloaded from it. Your use of the Learning Lodge following the posting (or notification) of any changes to the Terms and Conditions, shall constitute your acceptance of those changes.
1. VTech grants to you a non-exclusive, non-sub licensable, non-transferable license to install one copy of the Learning Lodge for non-commercial use on a designated Personal Computer or Mac®. You acknowledge that you shall acquire no rights to the Learning Lodge other than the license in accordance with the Terms and Conditions. The Learning Lodge may only be used to reproduce the VTech Software or other content and software applications you are authorized or legally permitted to reproduce. The Learning Lodge is licensed, not sold, to you only for that purpose.
2. In order to use the Learning Lodge you must register a VTech Hardware Product and have Internet access, which you shall be responsible for the Internet connecting fee. There are different versions of Learning Lodge for different countries. The version of Learning Lodge you are licensed to use will depend on the country where you bought your VTech Hardware Product.
I.4. Limited Warranty, Warranty
Disclaimers and Links to Third Party Websites
1. Subject to sections I.4.2 and I.4.3 below, VTech warrants to you that the Learning Lodge downloaded on your Personal Computer that adheres to the minimum technical requirements specified on the website www.vtechkids.com/download/UK is of satisfactory quality and fit for its purpose, and shall work as designed for a period of ninety (90) days from the date of installation and VTech will correct any defect and provide updates as soon as commercially feasible (the "Warranty Period").
I.5. Registration, Accounts and Passwords
1.VTech requires you to register an account by providing the information as requested and following the registration procedures as specified after you have indicated in the Learning Lodge that you would like to register an account.
2.You must not choose a username that infringes the rights of any third party, impersonates VTech staff or other users, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which is against any relevant laws and regulations. VTech reserves the right to make such assessment in its sole discretion, change any username for any reason or take such other action as VTech believes appropriate.
3.If you create an account in the Learning Lodge, 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 any unauthorized use of your password or account identifiers. Subject to section I.11.4 of these Terms and Conditions, VTech will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred by you to the extent that it is as a result of, or in connection with, your failure to comply with this section of the Terms and Conditions.
I.6. Upgrades, updates and changes to the Learning Lodge
1. VTech may provide updates and upgrades to your VTech Hardware Product through the Learning Lodge from time to time without any prior written notice. You should read and precisely follow the instructions before initiating an update or upgrade. The process shall be done in an environment with a steady power supply. If the update or upgrade process is interrupted, your VTech Hardware Product may not function properly. You must follow the download procedure as explained through the Learning Lodge in order to properly use the VTech Hardware Product. To the extent permitted by law, 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 or inability to use the Learning Lodge or any software or firmware downloaded from it, including any damage which you could have avoided by following our advice to apply an update or upgrade offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us .
2. VTech may update or upgrade the Learning Lodge from time to time and such updated or upgraded changes will be automatically provided to you the next time you connect your designated Personal Computer or Mac® to the Internet. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Learning Lodge, including the release of new products or services, shall be subject to the Terms and Conditions.
3. The information published in the Learning Lodge does not necessarily reflect VTech’s views. VTech may at any time and at its own discretion with or without notice to you change, delete or withdraw any information, content or downloadable software programs made available through the Learning Lodge or impose additional restrictions, rules or charges concerning the use of the Learning Lodge or any software or firmware made available through it. Where such changes, withdrawals, restrictions or rules are material, VTech will contact you in advance to tell you about them and you will be free to stop using the Learning Lodge if you do not agree to the revisions. However, VTech reserves the right to alter or remove the Learning Lodge 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. This may be necessary, for example, to reflect changes in relevant laws or regulatory requirements or to implement technical adjustments and improvements, for example to address a security threat.
I.7. User Submissions
I.8. User restrictions
(1) you agree not to distribute any part of or parts of the Learning Lodge, including but not limited to any textual or other content submitted to the Learning Lodge by users in any medium without the prior written authorization of VTech;
(2) you agree not to alter or modify any part of the Learning Lodge;
(3) you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Learning Lodge or features that (i) prevent or restrict use or copying of Learning Lodge content or (ii) enforce limitations on use of the Learning Lodge or the content accessible via the Learning Lodge;
(4) you agree not to use the Learning Lodge for any commercial use, without the prior written authorization of VTech;
(5) you agree not place content which is inappropriate or contains discrimination, slander, defamation and/or any provocation, exchange of abuse or incitement to hatred, or infringes on the privacy and personal life or other rights of a natural person or that can be assumed to be in any other way illegal;
(6) You agree not to collect or harvest any personal data of any user of the Learning Lodge (and agree that this shall be deemed to include VTech’s account names);
I.9. Intellectual Property Rights
I.10. Resale of Product
Our Internet operations are established to grant non-exclusive, non-sublicensable, non-transferable, personal and perpetual license for end customers to install free or non-free software and software applications to end-use customers via the Learning Lodge only. We do not sell downloadable software via the Internet to customers nor do we license software and/or software applications to users who intend to sub-license, re-sell or export the software and/or software applications.
I.11. Our liability to you
5. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
I.12. Your liability to us
You will be responsible for any claims, proceedings, damages, losses, injuries, costs and expenses or liabilities suffered by VTech as a result of your breach of any of these Terms and Conditions.
You understand that your acceptance of the Terms and Conditions will constitute a license agreement between you and VTech. You may terminate the agreement between VTech and you at any time. If you fail to comply with any of the Terms and Conditions, VTech at its sole discretion acting reasonably, without notice to you may terminate the agreement between VTech and you. VTech shall not be liable to you or any third party for the termination of the agreement. The following sections of the Terms and Conditions survive any termination of the agreement between VTech and you: I.4.4. – I.4.6 - Warranty Disclaimers and links to Third Party Websites; I.11 – Our Liability to you; I.12 – Your liability to us; I.13 – Termination; I.14 – Severability; I.15 – Waiver; I.20 – Exclusion of Third Party Rights; I.21 – Choice of Law and Forum.
If any one or more of the provisions of the Terms and Conditions, or their application in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of that term or condition in any other respect and the remaining provisions of the Terms and Conditions shall not in any way be impaired.
VTech’s failure to exercise or enforce any right under or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
I.16. Consent to Electronic Communications
When you use the Learning Lodge 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 in the Learning Lodge. 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.
I.17. Statutory Rights
The Terms and Conditions do not affect your statutory rights (if appropriate) as a consumer.
I.18. Section Titles
The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
I.19. Entire Agreement
The provisions and conditions of these Terms and Conditions constitute the entire agreement between you and VTech related to the installation and use of the Learning Lodge and supersedes any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between the Terms and Conditions and any future published Terms and Conditions or understanding, the last published Terms and Conditions shall take precedence.
I.20. Exclusion of third party rights
Unless expressly provided in this agreement, no express term of this agreement or any term implied under it is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
I.21. Choice of Law and Forum
The Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales (or the laws of Scotland or Northern Ireland if you live there). Any dispute arising out of or relating to the Terms and Conditions or your access or use of the Learning Lodge will be subject to the exclusive jurisdiction of the courts of London, The United Kingdom (or the courts of Scotland or Northern Ireland if you live there).
You may also be able to refer a dispute to the European Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution services which are usually free for you to use.
VTech may collect information from you and/or your child during the registration process for Learning Lodge and/or during use of the Learning Lodge, software or firmware downloaded therefrom, or related services.