VTech Firmware Upgrade T&C English

http://contentcdn.vtechda.com/data/console/GB/1668/SystemUpgrade/FirmwareUpdateTnC_GBeng_V2_20160120-170000.txt

Terms and Conditions

These Terms and Conditions have been updated as of December 24, 2015

1. 	Acceptance of Terms and Conditions

1.1	The following specifies the Terms and Conditions on which VTech Electronics Europe plc (“VTech”) offers you the ability to install and use the software available at Learning Lodge Support FAQ (“Site”).  Please read the following Terms and Conditions carefully before using the Site and downloading the software or firmware available on the Site.  These Terms and Conditions govern your use of the Learning Lodge Support FAQ website as well as any software or firmware downloaded therefrom.

1.2	The Site is available for individuals aged 18 years or older.  If you are under the age of 18, you should not use the Site 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 minor child who uses the Site.

1.3	The Site and the software and firmware available thereon are intended solely for the use of individuals who already own VTech products. If you do not currently own and possess one of these products, DO NOT use this Site and DO NOT download the software or firmware available on this Site.  If you disregard this Term and download software or firmware despite not currently owning one of the aforementioned products, VTech will not be responsible for any damage or loss caused to your computer or information stored thereon, and you may be held legally liable for any resulting damage or loss caused to VTech by your illegal download.

1.4	Use of the Site shall constitute your acceptance of these terms and conditions together with the Privacy Policy and Terms of Use available at http://www.vtech.co.uk/privacy_policy/ and http://www.vtech.co.uk/terms_and_conditions/, respectively (collectively the “VTech UK Policies”).  The VTech UK Policies are incorporated herein by reference.  To the extent these Terms and Conditions conflict with any provision of the VTech UK Policies, these Terms and Conditions will prevail.  If you do not accept any of these Terms and Conditions or the VTech UK policies, please do not use the Site or download the software or firmware therefrom.

2.	Modification of Terms

VTech may revise these Terms and Conditions and the VTech UK Policies from time to time with or without notice to you. The revised Terms and Conditions and VTech UK Policies shall take effect immediately when they are posted on their respective websites. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your use of this Site or other VTech websites following the posting of any changes to these Terms and Conditions or the VTech UK Policies shall constitute your acceptance of those changes.

3.	The Site

3.1	There are different versions of the Site for different countries. The version of Site you are licensed to use will depend on the country where you buy the compatible VTech product.

3.2	The Site enables you to download VTech software and firmware onto a compatible VTech product via the Internet using a designated personal device.  In order to use the Site you must have Internet access.  Any fee for Internet access shall be paid by you.

3.3	The VTech software is for use by you only on specific compatible VTech products.

3.4 	 VTech may provide upgrades for your compatible VTech products through the Site from time to time without any prior written notice. You shall read and precisely follow the instructions before initiating an upgrade. You shall download these upgrades in an environment with a steady power supply.  If the upgrade process is interrupted, your compatible VTech products may not function properly. You must follow the download procedure as explained on the Site in order to properly access the device.  Failure to follow the download procedure as explained on the Site may result in data loss, including but not limited to the original data stored on the devices. 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 use of or inability to use the VTech software and/or the Site.

3.5	VTech may upgrade the Site from time to time and such upgraded changes will be automatically provided to you the next time you connect to the Site.  Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Site, including the release of new products or services, shall be subject to these terms and conditions.

3.6       VTech can impose additional restrictions, rules or charges concerning the use of the Site or the downloading of software or firmware therefrom and revise the same from time to time at its sole discretion without notice. VTECH RESERVES THE RIGHT TO ALTER OR REMOVE 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 ANY POSSIBLE CONSEQUENCES OF SUCH CHANGES.

4. 	Intellectual Property Rights

4.1	The Site and the software and firmware available thereon are the property of VTech and protected by copyright, trademarks and/or all other proprietary rights that are currently held or will be held by VTech.

4.2	VTech grants to you a non-exclusive, non-delegable, non-transferable license to install one copy of each software or firmware application downloaded from the Site for non-commercial use. You acknowledge that you shall acquire no rights in or to the Site and/or the software or firmware available therefrom other than the license in accordance with these Terms and Conditions as set out herein.

5. 	Indemnity

You agree to hold VTech, and its parent, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees harmless from and against any or all claims, proceedings, damages, losses, injuries, costs and expenses or liabilities arising from: your breach of any of these Terms and Conditions; your use of the Site; your use of software or firmware downloaded from the Site; your inability to use the Site or software or firmware downloaded therefrom; and any deletions, additions, insertions, or alterations to, or any unauthorized use by you of the Site or software or firmware downloaded therefrom.

6.	Warranty Disclaimers

You expressly understand and agree that your use of the Site and the software and firmware downloaded therefrom is at your sole risk. The Site and the software and firmware are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You release VTech from any and all liability for any injury, loss, or harm of any kind that arises from your use of the Site and any software or firmware downloaded therefrom. The Site may contain, or direct you to other websites containing, information that some people may find offensive or inappropriate. VTech makes no representations concerning any content contained in or accessed through the Site, and VTech will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

7. 	Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY SOFTWARE OR FIRMWARE DOWNLOADED THEREFROM. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND ANY SOFTWARE OR FIRMWARE DOWNLOADED THEREFROM IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VTECH NOR ITS SUPPLIERS, LICENSORS, PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, CO-BRANDERS, OTHER PARTNERS, OR EMPLOYEES WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES OR LOSS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF VTECH HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SOFTWARE OR FIRMWARE DOWNLOADED THEREFROM; THE USE OR THE INABILITY TO USE THE SITE; UNAUTHORIZED ACCESS TO OR ALTERATION OR DESTRUCTION OR DELETION OF YOUR TRANSMISSIONS OR DATA OR DEVICE; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OR INTERNET OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE; ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR ANY OTHER SITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR THE SOFTWARE OR FIRMWARE DOWNLOADED THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VTECH’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PURCHASE A VTECH DEVICE OR SOFTWARE.

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.

8.	Links

The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because VTech has no control over such sites and resources, you acknowledge and agree that VTech is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that VTech, its parent, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9. 	Termination

If you fail to comply with any of the Terms and Conditions, VTech at its sole discretion, 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 provisions of the Terms and Conditions survive any termination of these Terms: WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY; LINKS; TERMINATION; Exclusion of Third Party rights.

10.	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.

11. 	Severability

If any one or more of these 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 Terms and Conditions shall not in any way be impaired.

12. 	No Waiver

VTech’s failure to exercise or enforce any right or terms or condition shall not constitute a waiver of such right or terms or condition.

13. 	Choice of Law and Forum and Consent to Electronic Communications

These terms and conditions shall be governed and construed in accordance with English lawAny dispute arising out of or relating to these Terms and Conditions or your access or use of, or inability to access or use, this Site or the software or firmware available thereon will be subject to the exclusive jurisdiction of the English courts, and you hereby submit to the personal jurisdiction of such courts. When you visit our Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or other VTech sites. 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.

14. 	Privacy Statement

14.1	The types of data VTech collects from your use of this Site or the software of firmware downloaded therefrom may include but is not limited to (i) personally identifiable information (including your name, gender, date of birth, etc.); (ii) non-personally identifiable information (including personal preferences and comments, text, video, and audio messages); (iii) technical data (including IP address, etc.) and (iv) usage information (including playing results, etc.). The information as mentioned in (i), (ii), (iii) and (iv) collectively hereinafter called “Data.”  By providing the Data to VTech, you acknowledge that such provision is fair and reasonable and VTech collects the Data in order to provide you with additional service including the “Progress Log.”  Our use of this Data is governed by VTech’s privacy policy which is incorporated into these Terms and Conditions by reference and available at http://www.vtech.co.uk/privacy_policy/.

14.2	VTech may disclose and transfer the Data to our parent company, associated companies and/or contractors and other persons whom VTech considers appropriate in connection with your use of the Site, software or firmware downloaded therefrom, or VTech devices. Otherwise, VTech will not disclose or transfer the Data to other parties. VTech may disclose the Data when required by law or court order of any jurisdiction, or as requested by any government or law enforcement authorities or administrative organs, or in the good faith that disclosure is otherwise necessary or appropriate including so VTech can enforce or verify your compliance with these Terms and Conditions.

15.	Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the software or firmware downloaded therefrom or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16.	Section Titles

The section titles in the Terms are for convenience only and have no legal or contractual effect.

17.	 Complaints

If you have a complaint please e-mail us at consumer_services@vtech.com