Version date: July 12, 2013
This website, and any sub-sites of this website (together the "Site"), are provided by Leap Motion, Inc., of 333 Bryant Street, Suite LL 150, San Francisco CA 94107 USA, its subsidiaries and affiliates ("Leap Motion" "we" or "us").
Through the Site we also provide the App Store, the Leap Motion app store service, sell Leap Motion hardware products, and provide development tools and forums for developers. We may also offer other services or products through the Site. These services and products are subject to these Terms, and may also be subject to additional terms available with those services or products. If so, the additional terms also form part of your agreement with us, and if there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
The Leap Motion software used with Leap Motion hardware products (or Leap Motion-authorized embedded optical modules) is licensed separately and governed by the Leap Motion End User Software License Agreement. Leap Motion's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Changes to these Terms
Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
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 the Content, contained on the Site is owned, controlled or licensed by or to Leap Motion, and is protected by trade dress, copyright, trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Leap Motion products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Leap Motion for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use the 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 the information, and (4) not make any additional representations or warranties relating to the information.
Your Use of the Site
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Leap Motion server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other means.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Leap Motion on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal or tortious activity, or any other activity which infringes the rights of Leap Motion or others.
Leap Motion Account
Some services or features on or offered through the Site may require you to create or have a Leap Motion Account. You must keep your Leap Motion Account details secure and must not share them with anyone else. You are responsible for all activities that occur on or through your Leap Motion Account, and you agree to immediately notify Leap Motion of any security breach of your account. Leap Motion will not be responsible for any losses arising out of the unauthorized use of your Leap Motion Account.
Privacy and Security
Interactive Forums and Submitted Content
We may provide the ability for you to upload or share information or other content on or through the Site, or on message boards, chat rooms, blogs, and other interactive forums or services (each, a "Forum") on the Site. All information, data, text, software, music, sound, photos, graphics, videos, messages, comments, or other content posted by you ("Submitted Content") are solely your responsibility. You are entirely responsible for all Submitted Content that you upload, post, email, transmit or otherwise make available, and you are solely responsible for any liability arising from or related to any Submitted Content you transmit in any manner via the Site. By posting Submitted Content, you grant Leap Motion a worldwide non-exclusive, assignable, fully paid, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute and modify the Submitted Content.
We do not control the Submitted Content and do not warrant its nature, accuracy, integrity, or quality, or that you will not be exposed to offensive, indecent, or objectionable material. Any user failing to comply with these Terms or the Forum rules may be expelled from and refused continued access to Forums. You acknowledge and agree that Forums are public spaces and that your participation in Forums creates no expectation of privacy. Further, you acknowledge that any personal information you communicate in Forums may be seen and used by others. We are not responsible for information that you or others choose to communicate in Forums, or for your actions or the actions of other users. Leap Motion or its designated agents may remove or alter any information or content posted or otherwise disclosed in any Forum at any time for any reason. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
Submitted Ideas or Feedback
You may choose to, or Leap Motion may invite you to, submit comments, suggestions, feedback or ideas about the Site and/or Leap Motion products or services, or other Submitted Content, including without limitation how to improve the Site or how to improve, develop or introduce Leap Motion products, services or software or features ("Ideas"). By submitting any Ideas, you agree that your submissions are voluntary, non-confidential, gratuitous and non-committal, and will not place Leap Motion under any fiduciary or other obligation. You grant to Leap Motion and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any Ideas without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Ideas, and all rights therein, in the name of Leap Motion, or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You understand that Leap Motion may be working on the same or similar Ideas, that it may already know of such Ideas from other sources, that it may simply wish to develop this (or similar Ideas) on its own or it may have taken/will take some other action.
Third Party Sites
The Site may contain links to other web sites operated by third parties ("Third Party Sites"). Third Party Sites are not under our control. We provide these links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You hereby release Leap Motion and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with Third Party Sites.
Third Party Content
If you are a copyright owner or an agent of a copyright owner and believe that any content available on or through the Site infringes upon your copyrights, you may submit a notification through the procedure outlined in Leap Motion's Third Party Copyright Procedure.
THE SITE IS PROVIDED FOR YOUR CONVENIENCE, "AS IS" AND "AS AVAILABLE" AND LEAP MOTION AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LEAP MOTION FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Leap Motion reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL LEAP MOTION BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF LEAP MOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding these provisions, Leap Motion is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, Leap Motion's liability will in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You (and also any third party for whom you operate an account or activity on the Site) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following: (i) your Submitted Content or your access to or use of the Site; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consen.
Void Where Prohibited
Leap Motion administers and operates the Site from its location in San Francisco, California USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Leap Motion reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
These Terms are governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
These Terms, together with any additional terms with Leap Motion that you agree to by using a product or service available through the Site, or by affirmatively agreeing to the additional terms, are the entire agreement between you and Leap Motion regarding the use of the Site. Any failure by Leap Motion to exercise or enforce any right or provision of these Terms is not a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Leap Motion's prior written consent. These Terms may be assigned by Leap Motion without restriction. These Terms are binding upon any permitted assignee.
Leap Motion may provide notifications to you as required by law or for marketing or other purposes via (at its option) email, hard copy, or posting of such notice on the Site. Leap Motion is not responsible for any automatic filtering you or your network provider may apply to email notifications.
Copyright © 2012-2016, Leap Motion, Inc. All rights reserved. Leap Motion reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.