User Agreement

Last Revision date: June 22, 2015

As a parent or guardian of a minor, by agreeing to the following terms and conditions of service and by downloading the App, you are giving your express consent to the child under your care using the My Friend FREDDY App.

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WELCOME TO THE MY FRIEND FREDDY APP!

BEFORE YOU START TO ENJOY PLAYING WITH YOUR NEW FRIEND FREDDY, PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THE MY FRIEND FREDDY APPLICATIONS (the “App”).  THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION ABOUT HOW THE MY FRIEND FREDDY APP WORKS. BY DOWNLOADING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND IF YOU ARE A PARENT OR GUARDIAN YOU AGREE TO YOUR CHILD DOWNLOADING AND USING THE APP IN ACCORDANCE WITH THESE TERMS OF USE.

BY SIGNING UP TO THESE TERMS, YOU UNDERSTAND AND AGREE THAT THE MY FRIEND FREDDY APP CONNECTS TO INFORMATION WHICH IS AVAILABLE ON THE INTERNET.  THE USE OF ANY DATA, INFORMATION AND MATERIALS AVAILABLE VIA THE INTERNET THROUGH USING THE APP WILL BE USED BY YOU AT YOUR SOLE RISK AND DEPENDS ENTIRELY ON YOUR OWN JUDGMENT, INTERPRETATION AND CONSIDERATION. ONLY YOU ARE RESPONSIBLE IN CONNECTION WITH THE USE OF FREDDY.  WE CANNOT GUARANTEE THAT USING THE FREDDY APP WILL BE FREE OF CONTENT THAT YOU MIGHT CONSIDER UNACCEPTABLE OR OFFENSIVE.  WE DO OUR BEST TO ENSURE THAT CERTAIN MECHANISMS ARE PUT IN PLACE TO ENSURE THAT CONTENT WHICH YOUR CHILD MIGHT ACCESS IS NOT UNACCEPTABLE OR OFFENSIVE – BUT THESE ARE NOT FOOLPROOF AND CANNOT REPLACE SENSIBLE PARENTAL SUPERVISION. WE ALSO URGE YOU TO READ OUR PRIVACY POLICY TO UNDERSTAND WHAT INFORMATION WE COLLECT AND HOW WE PROTECT IT. TO FIND OUT MORE ABOUT OUR PRIVACY POLICY, GO TO http://myfriendfreddybear.co.uk/privacy.

What does the Freddy Application do?  The Application (the “App”) provides users with voice-to-text and text-to-voice technology to enhance the play experience of Freddy.  Once you have downloaded the App, you can start interacting with Freddy by asking Freddy questions.  Freddy connects to the App using Bluetooth technology.  Freddy is able to speak by using pre-programmed database that is translated from text to speech through software provided by Nuance Communication. Nuance Communication is our third party software partner (the “Licensor(s)”). Freddy and its technology functions are equipped with filters to prevent the display, speech and recognition of words that would be considered offensive and inappropriate for children. Freddy is prog rammed to not utter, display or say words or images that would be inappropriate for children to see or hear.  To better understand who has access to this information and what we and our partners do with it, please read the section in this agreement referring to your privacy, located at the following URL (or such other URL as we may provide from time to time): http://myfriendfreddybear.co.uk/privacy.  Our Privacy Policy forms part of these Terms which you accept.

1.  General

Thank you for purchasing My Friend Freddy (“Freddy”).  We really hope that you enjoy playing with him.

By downloading the My Friend Freddy App (the “App”) you agree to be bound by these terms of use (the “Terms”).  These Terms constitute a legal agreement between you (“you”) and Genesis Industries Limited, a company incorporated under the laws of Hong Kong, China with its principal place of business at 8/F, Phase 1 & 2, Spinners Industrial Building, 818 Cheung Sha Wan Road, Kowloon, Hong Kong, China. (Genesis or us or we or our).

Operating system requirements: The App requires a Google mobile or tablet device with a minimum of 250 MB of memory, Internet access and the Android operating system. The My Friend Freddy App requires users of Android devices to run Android version 4.0,3 or higher.

These Terms are applicable to all services provided by or connected to Freddy, including the App and all updates or supplements to the App unless they come with separate terms, in which case those terms will apply (each a “Service” and, together, the “Services”). If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the provisions of these Terms. We licence use of the App to you on the basis of these Terms and subject to any rules or policies applied by any app store provider (the “Appstore Rules”). We do not sell the App to you. We remain the owners of the App at all times.

IMPORTANT NOTICES

  1. By downloading the App or clicking on the “Accept” button below, you agree to these Terms which will bind you. The Terms include, in particular, our Privacy Policy (http://myfriendfreddybear.co.uk/privacy) and limitations on our liability.
  2. As required by law, parental approval is required for the download of the App by any persons who are under 13 years old. By accepting these Terms, you (as the parent or guardian) have provided your consent to all the terms and conditions detailed in these Terms, including the collection of personally and non-personally identifiable information. This consent would also cover the collection of information by the partners that Genesis has used in the development of My Friend FREDDY and the Services, including the App.
  3. If you do not agree to these Terms, you cannot use the App.
  4. As a consumer, you have the right to withdraw from your transaction without charge and without any reason BEFORE downloading the App.  Please note that you will lose the right to cancel the transaction once you begin to download the App.
  5. This does not affect your consumer rights for an app that is defective.
  6. The Services including the App are suitable for children aged five (5) and above. For more information on the child safety controls programmed into the App and the parental controls available, please read the Freddy FAQ (http://myfriendfreddybear.co.uk/help-info).
  7. Please read clause 10 below – it contains important information about how we use your personal data.
  8. We have the right to amend these Terms for any reason if necessary. When we update our Terms, we will do our best to give you advance notice by posting the change on our website: http://myfriendfreddybear.co.uk. You should look at the website regularly to check.  If you do not agree to any changes, you should discontinue your use of our Services. If you continue to use our Services after any update is announced, your continued use will constitute acceptance to the changes included in each respective updated app that you use.
  9. If you have any questions about these Terms, please contact us at http://myfriendfreddybear.co.uk/help-info.

WE SUGGEST THAT YOU PLEASE PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.

2.  Your rights

In consideration of you agreeing to these Terms, the Privacy Policy and the Appstore Rules, we give to you a personal, worldwide, royalty-free, non-transferable, non-sublicensable and non-exclusive licence to use the Services, until your account is terminated. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services provided by us in the way permitted by these Terms.

You may not use our Services for any commercial purposes unless you have our prior written permission. You may not copy, modify, distribute, sell or lease any part of our Services or included platform or software, nor may you reverse engineer or attempt to extract the source code of that platform or software, unless laws prohibit those restrictions or you have our written permission.

3. What you cannot do

It’s important that you follow a few rules when you sign up to using our Services, so please read this part:

  • You will not use our Services to do anything unlawful, misleading, malicious, or discriminatory.
  • For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide, such as using automated means (including harvesting bots, robots, spiders, or scrapers) without our permission;
  • You will not do anything that could disable, overburden, or impair the proper working of our Services, such as a denial of service attack;
  • You will not upload viruses or other malicious code.

We may close your account and suspend or stop providing our Services to you if you do not comply with our Terms or if we are investigating suspected misconduct.

4. Intellectual Property & Trademark Rights

Any and all branding, patents, trade-marks, service marks, logos and content used in our Services that are registered trademarks of Genesis and its subsidiaries are the property of Genesis. By agreeing to these Terms, you acknowledge and agree not to use any trademarks, intellectual property or registered copyright of Genesis and its subsidiaries without the express written consent of Genesis. You also agree that these Terms do not grant you the right to use any and all intellectual property, copyrights and trademarks of Genesis in a manner outside their intended use. You agree not to copy, reproduce, duplicate, reverse engineer, sublicense or disclose any and all Genesis intellectual property, trademarks or copyrights that are contained within Freddy or the App.

Third-party trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the Services are the trademarks or registered trademarks of their respective owners, and the use of such trademarks shall belong to  the trademark owner. The use of all third-party trademarks is done so with the permission of their respective trademark owners. The use of the Trademarks is intended to denote the interoperability and does not constitute (i) an affiliation by Genesis and its Licensors with such company, or (ii) an endorsement or approval of such company by Genesis and its Licensors.  Using our Services does not give you ownership of any intellectual property rights in our Services, software or the content (other than content that belongs to you) that you access.

Users agree that Nuance and Google retain all right, title and interest in and to the original and any copies of their respective software(s) that are incorporated in Freddy or the App. You agree not to (a) submit any automated or recorded requests to either Nuance or Google unless approved by Genesis; (b) reproduce, distribute or in any manner duplicate any of the software used in Freddy or the App; access the services of either Nuance or Google or any other software within Freddy in a manner that is outside these Terms ; (c) copy, license, sublicense, distribute, assign, transfer or otherwise grant any right of use of the software of the App or any accompanying software that comes from Google, Nuance or any other third party software provider; (d) modify, port, translate or create derivative works of the software used in the App, including those software programs provided by Google, Nuance, Genesis or any other software programs that are contained within the App; (e) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas or algorithms of any software used in the creation of the App, including but not limited to the software provided by Google and Nuance; (f) remove any proprietary notices, labels or marks from the Freddy software, including but not limited to the Google and Nuance software components of the App; (g) use the Freddy software or its component parts for purposes of comparison with or benchmarking against products or services made available by third parties; or (h) knowingly take any action that would cause any Genesis product or software to be placed in the public domain.

The Software and Services may contain a copy of the Speex codec in executable form.  You acknowledge that use of the Speex codec is subject to the conditions and disclaimers listed in revised BSD license found at http://www.xiph.org/licenses/bsd/speex/.  © 2002-2003, Jean-Marc Valin/Xiph.Org Foundation.

5. Interactive area(s), postings and user conduct

“Interactive Area(s)” shall mean but is not limited to forums, mailing lists, request information forms, etc. offered as part of the Services including the App and any other forms of group electronic communications which may be made available through the Services including App from time to time.

If you participate in Interactive Areas you are responsible for the posted contents and the consequences related to posting them. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (i) is defamatory, obscene, violates social norms or constitutes harassment or encourages conduct that would constitute a criminal offence, give rise to civil liability or violates any applicable laws; (ii) infringes on the copyright or other proprietary right of any third-party; (iii) would invade the privacy of a person; (iv) contains a virus, worm, Trojan horse, time bomb, or a harmful program or component; or (v) is otherwise unlawful.

You also expressly agree that you will not: (a) after receiving a warning, continue to post material which we have advised you not to post; (b) attempt to gain unauthorized access to restricted areas of our web site, other accounts, computer systems or networks connected to our web site, through password mining or any other means; (c) create a false identity or a forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (d) post, generate or disseminate the so-called “spam” or mass-mailings; (e) harvest or otherwise collect information about others, including email addresses, without their consent.

Genesis is not and shall not be responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. Genesis reserves the right to remove material, which is abusive, illegal, disruptive, or that otherwise breaches these Terms.

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT AND DO NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE MATERIAL POSTED IN INTERACTIVE AREAS. WE ALSO DO NOT ENDORSE ANY OPINIONS EXPRESSED IN INTERACTIVE AREAS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.

The above provisions, to the extent to which they exclude or limit Genesis’ liability for the failure to perform or duly perform its obligations, will not apply in relation to consumers if they contradict legal regulations in the jurisdiction where the consumer resides.

You can only use the Interactive Areas in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material within the App for any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other users of the Services including the App to join or become members of any commercial online or offline service or other organization is expressly prohibited.

6. Privacy

To learn more about how we protect your personal data please refer to our Privacy Policy (http://myfriendfreddybear.co.uk/privacy). The terms and conditions of our privacy policy are also incorporated into the terms of this user agreement. By accepting the terms of this user agreement and continuing to use the My Friend FREDDY App, you also agree to the terms and conditions of the Privacy Policy. For information regarding the privacy policies of our software partners, please find link on the following links: Nuance (http://www.nuance.com/company/company-overview/company-policies/privacy-policies/index.htm).

7.  Disclaimer & Limitation of Liability

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services. Unfortunately, we cannot guarantee that our Services will never be faulty. We provide the Services “as is”. Other than as expressly set out in these Terms, neither Genesis, our subsidiaries, affiliates or our distribution partners make any specific promises about the Services. For example, we do not make any commitments about the content within our Services, the specific functions of our Services or their reliability, availability or ability to meet your needs.

Some states provide for certain warranties, like the implied warranty of satisfactory quality, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

When permitted by law, we have no responsibility to pay you compensation for financial loss, indirect loss, any information which is lost or corrupted, or any loss that could not have been reasonably expected. We will not be liable to you for any losses that you may suffer if you have used our Services for business purposes.  To the extent permitted by law, the total liability of Genesis, our subsidiaries, affiliates and distribution partners for any claims under these Terms, including for any implied warranties, is limited to the amount that you paid for Freddy.

We recognise that in some countries, you may have legal rights as a consumer. Please note, however, that we are providing the Services under the laws of the United States. If you are using the Services for a personal purpose, then nothing in these Terms limits any consumers’ legal rights which may not be waived by contract.

We would like to draw your attention to the second paragraph of these Terms – it’s probably worth you reading it again:

BY SIGNING UP TO THESE TERMS, YOU UNDERSTAND AND AGREE THAT THE MY FRIEND FREDDY APP CONNECTS TO INFORMATION WHICH IS AVAILABLE ON THE INTERNET.  THE USE OF ANY DATA, INFORMATION AND MATERIALS AVAILABLE VIA THE INTERNET THROUGH USING THE APP WILL BE USED BY YOU AT YOUR SOLE RISK AND DEPENDS ENTIRELY ON YOUR OWN JUDGMENT, INTERPRETATION AND CONSIDERATION. ONLY YOU ARE RESPONSIBLE IN CONNECTION WITH THE USE OF FREDDY.  WE CANNOT GUARANTEE THAT USING THE FREDDY APP WILL BE FREE OF CONTENT THAT YOU MIGHT CONSIDER UNACCEPTABLE.  WE DO OUR BEST TO ENSURE THAT CERTAIN MECHANISMS ARE PUT IN PLACE TO ENSURE THAT CONTENT WHICH YOUR CHILD MIGHT ACCESS IS NOT UNACCEPTABLE – BUT THESE ARE NOT FOOLPROOF AND CANNOT REPLACE SENSIBLE PARENTAL SUPERVISION. WE ALSO URGE YOU TO READ OUR PRIVACY POLICY TO UNDERSTAND WHAT INFORMATION WE COLLECT AND HOW WE PROTECT IT. TO FIND OUT MORE ABOUT OUR PRIVACY POLICY, GO TO http://myfriendfreddybear.co.uk/privacy.

8.    Third party’s content

The App contains links to outside services and resources. Genesis does not control the availability and content of links. Any concerns regarding any such service or resource, or any link to them, should be directed to such service or resource provider.

Some of the materials in the Services including the App may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are their own and do not necessarily state or reflect those of Genesis.

9.    Right to shut down, deny or limit access

We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether. We reserve the right to limit or terminate your access to any of the Services including the App in its sole discretion, due to the following material reasons: technical difficulties, change of IT systems used to operate the App or violation by you of these Terms, or the Privacy Policy or the App Store Rules.

10.   Names and Speech Data

Any and all information that you provide will remain confidential and may only be disclosed by Genesis and its Licensors, if so required, to meet legal or regulatory requirements, such as under a court order or to a government institution if required or authorized by law, or in the event of a sale, merger or acquisition to another entity by Genesis or its Licensors.

11.   Other Important Clauses

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

Sometimes we may choose to ignore it if you break one of our Terms, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term or take action because you break that or any other term in the future.

If any part of these Terms is found to be unenforceable, the remaining part will remain in full force and effect. Sometimes we may not be able to provide you with the Services because of something beyond our reasonable control, which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by government or other competent authority, or industrial disputes. There may be other reasons too.

12.   Choice of Law

These Terms make up the entire agreement between us relating to our Services, and override any prior agreements. Please note that these Terms are governed by laws of the State of California. You and we both agree that the courts Los Angeles County, State of California will have exclusive jurisdiction over any and all disputes between you and Genesis.

My Friend Freddy is the property of Genesis Industries Limited. Genesis reserves all rights in connection to My Friend Freddy, the My Friend Freddy Application and all other intellectual property associated with My Friend Freddy, except as otherwise indicated.