- License And Site Access
- Electronic Communications
When you visit the 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 agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Leap, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on the Leap products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Leap for downloading from the Website, provided that you:
(1) do not remove any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
(3) make no modifications to any such information, and
(4) not make any additional representations or warranties relating to such documents.
5. Prohibited Use of the Website
- Take any action that is contrary to Leap’s public image, goodwill or reputation;
- Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Leap’s systems or networks, or any systems or networks connected to the Website;
- Mirror or frame the Website or any part of it on any other web site or web page;
- Reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
- Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Leap server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
- Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Leap, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful or which interferes or attempts to interfere with the proper working of the Website or with any other person’s use of the Website;
- Use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Content or the Website without our express written permission;
- Infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
- Violate any applicable law, statute, ordinance or regulation;
- Take any action that is libelous, defamatory, threatening, harassing, abusive, tortious, pornographic or obscene;
- Take any action that is hateful or discriminatory based on factors such as race, religion, gender, sexual orientation, national origin and other legally protected characteristics;
- Transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Leap on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; and
- Use the Website for any purpose or in any manner that is unlawful or solicit the performance of any illegal activity or other activity that infringes the rights of Leap or others, including without limitation, child or animal abuse, violence, illegal drug use, and underage drinking.
6. Copyrights and Trademarks
The Website, including all intellectual property rights in the Website, belongs to and is the property of Leap or its licensors (if any). Leap owns and retains all copyrights in the Content. Leap, the Leap logos, designs and other marks used from time to time by Leap are trademarks and the property of Leap. The appearance, layout, color scheme, and design of the leaptodigital.com site are protected trade dress. Leap may use and incorporate into the Website or the Leap service any suggestions or other feedback you provide, without payment or condition. No right, title, or interest in or to the Website or any Content is transferred to you, and all rights not expressly granted are reserved by us.
7. Account Creation
If you create an account on this Website you agree to accept responsibility for all activities that occur under your account and you shall be solely responsible for maintaining the confidentiality of your login and password information and for restricting access to your account. Minors under the age of 18 may only create an account with the approval of a legal guardian. Leap reserves the right to refuse services, terminate an account, remove or edit content, and cancel services in our sole discretion.
8. Information and Materials You Post or Provide
Leap acknowledges and agrees that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph below, and that no ownership of such copyrights is transferred to us under this Agreement. Further, with respect to Your Content in the form of photos: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos.
You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, including in the event of termination of any applicable Leap program or service, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
9. Links to Third-Party Web Websites
Links on the Website to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Leap of the third-party, the third-party web site, or the information there. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites. Leap is not responsible for the availability of any such websites.
11. Disclaimers; Limitations of Liability
LEAP DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LEAP CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
LEAP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LEAP AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WEBSITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LEAP IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEAP AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF LEAP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. Additional Terms of Service
If you are a customer of Leap or an employee, representative or agent of a Leap customer, your access of the Leap Service is subject to Leap’s End User License Agreement, available at _____________].
Leap may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Leap makes no commitment to update the materials on the Website with respect to such products and services.
15. General Provisions
- Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Leap therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Leap does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Claims of Copyright Infringement
Leap respects the intellectual property rights of others, and we ask our users to do the same. If you infringe copyrights or other intellectual property rights of others, Your Content may be removed or suspended in whole or part. It is our policy, in appropriate circumstances and our discretion, to disable and/or terminate accounts of users who repeatedly infringe or are charged repeatedly with infringing the copyrights or other intellectual property rights of others.
If you believe in good faith that materials hosted by us infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complaining Party”);
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Leap to locate the material;
- Information reasonably sufficient to permit Leap to contact 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; and
- 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.
Please be advised that Leap will not respond to complaints that do not meet these requirements. These requirements are guided by the Digital Millennium Copyright Act (the “DMCA”). If Leap determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Leap will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information:
- Your name, address and telephone number;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- A statement that the you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Leap may be found, and that you will accept service of process from the Complaining Party; and
- A physical or electronic signature (for example, typing your full name).
Notices and counter-notices with respect to claims of copyright infringement must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Agent to Receive Notices of Claimed Infringement:
8820 Columbia 100 Pkway Suite 300
Columbia, MD. 21045