Welcome. Fuhu, Inc. and its affiliates ("Fuhu") provide various goods and services, including but not limited to web properties and applications (the “Fuhu Property”). These Terms and Conditions of Use (the “Terms”) apply to the Fuhu website located at www.fuhu.com, and all associated sites linked to www.fuhu.com by Fuhu, its subsidiaries and affiliates, including Fuhu sites around the world (collectively, the “Site”). The Site is the property of Fuhu. BY USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Certain Fuhu services may have specific additional terms, conditions and guidelines applicable to them ("Additional Terms"). If there is any are inconsistency between these Terms and the Additional Terms, the Additional Terms will control. Fuhu reserves the right to deny access to the Site to any person who violates these Terms.
Fuhu reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Fuhu grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
All content, such as text, graphics, logos, icons, images, photographs, artwork, audio clips, video clips, digital downloads, data compilations, and software (collectively, “Content”), as well as the selection, arrangement, and design of such Content contained on the Site or Fuhu Property, is owned, controlled or licensed by or to Fuhu, and is protected by copyright, patent, trade dress, and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution for any commercial enterprise, without Fuhu’s express prior written consent.
You may use information on Fuhu products and services (such as data sheets, knowledge base articles and similar materials) purposefully made available by Fuhu for downloading from the Site, provided that you (1) 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 such information, and (4) not make any additional representations or warranties related to such documents.
Fuhu is the owner of numerous trademarks and registered trademarks in the United States and other countries, including Fuhu graphics, logos, page headers, button icons, scripts, and service names. Fuhu's trademarks and trade dress may not be used in connection with any product or service that is not Fuhu's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fuhu. All other trademarks not owned by Fuhu that appear on a Fuhu Property are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fuhu. For a list of Fuhu Trademarks and their proper designations, click here. The absence of a product, service name, logo or other mark from this list, or absence of the list in entirety, does not constitute waiver of Fuhu’s trademark or other intellectual property rights concerning that name or logo
Subject to any registration requirements that may apply for a specific Fuhu Property, Fuhu grants you a personal, worldwide, non-assignable, royalty-free, and non-exclusive limited license to access and make personal use of the applicable Fuhu Property and related services. You may not copy, modify, create a derivative work of, reverse engineer, decompile, otherwise try to extract the source code of the Fuhu Property or any part thereof, or download (other than page caching), except as may be specifically permitted by Fuhu by use of the features and functions specifically made available to you as part of the Fuhu Property (for example, a customizable avatar or downloadable widget). This license does not include any resale or commercial use of the Fuhu Property or its contents, any derivative use of the Fuhu Property or its contents, any downloading or copying of account information for the benefit of another person or entity, or any use of data mining, robots, or similar data gathering and extraction tools. The Fuhu Properties, or any portion of them, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fuhu. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fuhu or its licensors without express written consent. You may not use any metatags or any other "hidden text" utilizing the Fuhu name or trademarks without the express written consent of Fuhu. Any unauthorized use terminates the permissions or licenses granted by Fuhu. You may not create any hyperlinks to any pages or content of a Fuhu Property without the express prior written agreement of Fuhu.
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 any illegal activity and other activity that infringes the rights of Fuhu or others.
This Site may contain certain information and content of third party licensors and suppliers ("Third Party Content"). The Third Party Content is the copyrighted and/or trademarked work of its respective owner. Unless you have permission from the owner of the Third Party Content or as otherwise set forth in these Terms, you agree to only display the Third Party Content solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content or as otherwise expressly authorized in these Terms. You hereby indemnify and hold Fuhu and all providers/licensors of Third Party Content harmless from any third party claims related to your use of the Third Party Content in any manner other than authorized hereunder.
Certain features or services offered on or through the Site may require you to open an account, including setting up a user name and password. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for restricting access to your computer. You agree to accept responsibility for any and all activities that occur under your account or password. You may be held liable for losses incurred by Fuhu or any other user of or visitor to the Site due to someone else using your user name, password or account as a result of your failure to keep your account information secure and confidential. Fuhu reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You acknowledge that you are responsible for all material you submit, post or otherwise make available on a Fuhu Property, including without limitation, any content, any "virtual products" or other items you develop or upload, avatar names, avatar profiles, reviews, comments, suggestions, chat, messaging, message board or other communications (each a "Submission") and that you, and not Fuhu, bear full responsibility for each such Submission you make, including its legality, reliability, appropriateness, trademark and copyright ownership and rights clearances.
By placing material on a Fuhu Property, such as by posting or uploading content or communications to a Fuhu Property, for example, to any bulletin board, forum, message or chat area, or posting text, reviews, comments, images, audio files or other audio-visual content ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service; and, (2) the User Content complies with these Terms.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin content. Fuhu reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. Using a name other than your own legal name in association with the submission of User Content is prohibited (except in those specific areas of a Fuhu Property that specifically ask for unique, fictitious names).
YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY ORIGINAL USER CONTENT YOU CREATE AND SUBMIT TO FUHU. If you do post content or submit material, and unless we indicate otherwise, you grant Fuhu a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, reproduce, publicly perform and publicly display the User Content in any media (whether now known or not currently known or invented). You grant Fuhu and sub-licensees the right to use the name that you submit in connection with such User Content, if they choose. You agree to indemnify and hold Fuhu, its affiliates, and agents harmless from and against all claims, royalties, fees, damages and any other monies owing resulting from User Content you supply. Fuhu has the right but not the obligation to monitor and edit or remove any activity or content. Fuhu takes no responsibility and assumes no liability for any content posted by you or any third party.
When posting User-Generated Content to or otherwise using a Fuhu Property, you agree you will NOT:
post content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable
use explicit/obscene language or solicit/post sexually explicit images (actual or simulated) or to participate in racially, ethnically, or otherwise offensive language
harass, stalk, threaten, defame, abuse, or otherwise violate the legal rights (such as rights of privacy and publicity) of others
target persons under the age of 13 or post any content or take any action that exploits children or minors
post any content that is mature or adult in nature or that is inappropriate for a general audience
post content that would be harmful to minors, depicts minors involved in sexual activity or that constitutes child pornography
misrepresent your age in a manner that, if you are an adult makes you appear to be a minor or, if you are a minor, is anything but your actual age
post any copyrighted or trademarked materials without the express permission from the owner or otherwise infringe the intellectual property or moral rights of any person or entity
post messages that are “off topic”, that disrupt the flow of chat or that include abusive or vulgar language
solicit a user's password or other account information
harvest user names, aliases, email addresses or other personal information made available to you as part of the regular features or functions of a Fuhu Property regarding a user for any purpose other than your personal use in your interactions on a Fuhu Property
post information that includes or makes available another person’s personally identifiable information (such as, his or her real name, postal address, e-mail address, phone number, employer or school)
disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, mass mailings, or any such solicitation
post anything that may trigger a Photo Sensitive Epilepsy (PSE) episode, including, for example, any content with flashing lights
impersonate or represent Fuhu, our staff or other industry professionals
alter or interfere with any Fuhu Property, products or operations by employment of scripts, code, bots, or similar means
upload or otherwise introduce any spyware, adware, or other malicious programs or code to a Fuhu Property
This list of prohibitions provides examples and is not complete or exclusive. Fuhu reserves the right, with or without cause and with or without notice, for any reason or no reason, to terminate your access to your account and/or refuse, delete, remove or, if applicable, reclassify any User Generated Content.
Fuhu reserves the right to restrict the number of messages which you are allowed to send to other users to a number that Fuhu deems appropriate in Fuhu’s sole discretion.
Fuhu may report to law enforcement or other appropriate government authorities any actions that may be suspicious or illegal, and any reports it receives of such conduct. When legally required or at Fuhu’s discretion, Fuhu will cooperate with law enforcement or appropriate government agencies in any investigation.
You hereby acknowledge and agree that in using this Site, you may be exposed to content that may be offensive or objectionable to you. Your access to and use of a Fuhu Property is at your own risk and Fuhu is not responsible for any offensive, harmful or otherwise objectionable materials that may be posted by any third party. You understand that your interactions and dealings with other users of this Site are solely between you and such other user. Fuhu is not responsible for any loss, harm or damage of any sort incurred as a result of any such interactions or dealings, and Fuhu has no obligation to become involved in any resulting dispute. YOU AGREE THAT ALL USER GENERATED CONTENT SUBMITTED BY YOU OR ANY OTHER USER EXPRESS THE VIEWS OF THE AUTHOR, AND FUHU WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR SUCH CONTENT.
These prohibitions do not require Fuhu to monitor, police, or remove any User Generated Content or other information submitted by you or any other user, and Fuhu disclaims any obligation or responsibility to do so.
You agree to indemnify and hold Fuhu, its affiliates and subsidiaries, and its and their officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, loss, liabilities, and claims or expenses (including attorneys' fees and costs of defense) made against Fuhu or any other indemnified party by any third party due to or arising from or in connection with your use of the Site.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including, where applicable, your representation that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Every order you place through a Fuhu Property will be treated as an offer to purchase the product you have selected. Our acceptance of each offer is expressly subject to and conditional upon your acceptance of and compliance with these Terms and any applicable Additional Terms. We may accept your offer either through an e-mail confirmation or through delivery of the items you requested.
All prices are subject to change without notice. Fuhu may revise or modify products or product information without notice, and is not responsible for typographical or printing errors. The materials on the Site with respect to products and services may be out of date, and Fuhu makes no commitment to update the materials on the Site with respect to such products and services.
You agree to pay all fees, subscription fees, charges and/or associated taxes ("Fees") applicable to your use of the Fuhu Properties. Applicable taxes or other service charges (if any) are not included in the prices, but will be added to your invoice and will be visible at check out before you complete your purchase. Third party service fees may apply to your purchases, such as, for example, service fees imposed by payment processors. We will collect sales tax in the states we are required by law to do so. You must disclose your state and country of residence when ordering.
If you do not pay on time or if Fuhu cannot charge your credit card, PayPal or other payment method for any reason, Fuhu reserves the right to either suspend or terminate your access to the Fuhu Properties and your account. You agree Fuhu is permitted to bill you for the applicable Fees you may incur in connection with your use of a Fuhu Property and the Fees will be billed to your credit card, PayPal or other payment method designated in your registration information. If you dispute these charges at any time, Fuhu has the right to contest the dispute and you agree that Fuhu may give all details of the disputed transaction to a third party handling or attempting to resolve the dispute. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Fuhu may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees.
When you purchase items or services on a Fuhu Property with cash or monetary equivalents, your purchases are non-refundable and are made at your own risk. Fuhu is under no obligation to provide any refund (either in cash or in credits) for any item that does not conform to your expectations, that becomes disabled, or that is removed or altered by the developer or by Fuhu for any reason. All products, including virtual products, credits and prepaid accounts are non-refundable, except, in our sole and absolute discretion.
We shall not be in default if delivery of a product you have purchased is delayed or rendered impossible by any cause or causes beyond Fuhu’s reasonable control, including but not limited to acts of God, acts or omissions of any government or any government officer, department, or agency, fire, storm, flood, earthquake, accident, acts of the public enemy, war, rebellion, failure of telecommunications services, public utilities or an Internet outages, insurrection, riot, invasion, strikes or lockouts. Virtual products you purchase will be made available for your use as soon as reasonably practicable. If you have any billing problem or question, please contact firstname.lastname@example.org.
The Fuhu Property may include virtual currency ("Credits"), which may be purchased with real world currency and can then be exchanged on the applicable Fuhu Property use of a feature or a virtual product when, as, and if allowed by Fuhu and subject to the terms and conditions of these Terms and any Additional Terms. Fuhu may charge fees for the right to use Credits, or may distribute Credits without charge, in its sole discretion. Credits are not redeemable for any sum of real world money or monetary value from Fuhu at any time. Fuhu has the right to manage, regulate, control, modify and/or eliminate such Credits as it sees fit in its sole discretion, and Fuhu will have no liability to you based on its exercise of such rights. Credits cannot be used for any kind of wagering, betting or gambling either within or outside of a Fuhu Property. You agree not to create, employ, or utilize any parallel form of virtual currency in connection with any transaction on a Fuhu Property. Fuhu may allow for free exchange of some, all, or none of its Credits via third parties, but Fuhu does not assume any responsibility associated with your transactions with such third parties. Fuhu is the sole owner of Credits, and as such, retains all intellectual property rights in them. You acknowledge that at no time do you own, nor have any right to, the intellectual property in the Credits. You are prohibited from reselling or distributing Credits without the expressed written consent of Fuhu.
By registering for Club nabi and clicking the “Join Now” button at the end of the Club nabi registration process, you agree to follow the Terms listed here and any other posted guidelines or rules applicable to your use of Club nabi.
Club nabi reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Club nabi grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Registration for Club nabi is free of charge, but does require the registrant to maintain a valid credit card number on file with Club nabi.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
The Club nabi program is for individual use only and is non-transferable. Any suspected abuse of Club nabi program benefits may, in our sole discretion, with or without notice, result in the termination of your Club nabi account.
By registering for Club nabi, you will enjoy these exclusive benefits:
Club nabi offers the benefit of the Advance Replacement Program. When you elect to participate in the Advance Replacement Program, Fuhu, Inc. will place a temporary 3-7 day hold on your credit card on file for the current sales price of the item being shipped to you, which is a “like-new” unit. The actual length of this hold will be determined by your credit card’s issuing bank. Your election to participate in the Advance Replacement Program serves as your authorization for Fuhu, Inc. to place the hold on your credit card.
Subject to availability, your Advance Replacement unit will be processed and shipped within 1 business day of your request. We must receive your defective unit within 30 days from the day your Advance Replacement unit ships from our Repair Center. You will receive an e-mail with instructions on how and where to ship your defective unit. *Please keep tracking records when shipping your defective unit to Fuhu, Inc.
If your defective unit is not received by Fuhu, Inc. by the 30th day, your credit card on file will be charged the current sales price of the item shipped to you as an Advance Replacement unit, which is a “like-new” unit.
Only defective units covered by the Fuhu, Inc. One Year Limited Warranty are eligible for the Advance Replacement Program.
If the defective unit received by us is not covered by the Fuhu, Inc. One Year Limited Warranty, your credit card on file will be charged the full amount of the current sales price of the item shipped to you, or such lesser amount, as determined in the sole and absolute discretion of Fuhu, Inc. The item that is shipped to you may be a “like-new” unit, as determined by Fuhu, Inc. in its sole and absolute discretion. The Fuhu, Inc. One Year Limited Warranty does not cover any defect resulting from, among other things, improper or unreasonable use or maintenance, failure to follow operating instructions, accidents (e.g., accidental drops), excess moisture, insects, lightning, power surges, connections to improper voltage supply, or unauthorized alterations or modifications to the unit.
Units that are defective because of a broken screen or cracked LCD are not eligible for the Advance Replacement Program.
You have the right to cancel your Club nabi account at anytime. Canceled accounts will not be eligible for “Make it Right” services, nor Advance Replacement products. Canceled accounts will no longer be eligible for the 15% discount at the nabi shop, nor have access to exclusive offers and deals reserved solely for Club nabi members.
Accounts can be canceled by going to www.clubnabi.com, signing in and following the directions to cancel your Club nabi account located at the bottom of the page.
We may terminate your Club nabi account at any time without notice, for any reason in our sole discretion, including, without limitation, our belief that continued use of such Club nabi account would violate any provisions of the Terms and Conditions, applicable law, or otherwise be harmful to our interests.
We may terminate any and all benefits available under the Club nabi program at any time with or without notice for any reason at our sole discretion.
Fuhu may use third parties to provide certain products, content or services accessible through the Fuhu Property(s). This Site may contain links to the sites of affiliated companies and other independent third-party websites (“Other Sites”). These Other Sites are provided solely as a convenience to our visitors. These Other Sites are not under Fuhu’s control, and Fuhu is not responsible for and does not endorse the content of such Other Sites, including any information or materials contained on such Other Sites. Fuhu does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review these Other Site’s privacy statements and their conditions of use.
THE FUHU PROPERTIES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FUHU PROPERTIES ARE PROVIDED BY FUHU ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FUHU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FUHU PROPERTIES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FUHU PROPERTIES IS AT YOUR SOLE RISK. FUHU DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THIS SITE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
EXCEPT WHERE PROHIBITED BY LAW, FUHU DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUHU DOES NOT WARRANT THAT THE FUHU PROPERTIES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FUHU PROPERTIES, THEIR SERVERS, OR E-MAIL SENT FROM FUHU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUHU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE FUHU PROPERTIES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FUHU PROPERTIES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. FUHU DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FUHU SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY OTHER SITES. YOUR SOLE REMEDY AGAINST FUHU FOR DISSATISFATION 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 disclaimer above 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. Except where prohibited by law, in no event will Fuhu be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Fuhu has been advised of the possibility of such damages.
In the event of a dispute, you or Fuhu, Inc. must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Fuhu, Inc., 1700 E. Walnut Ave., 5th Fl., El Segundo, CA 90245, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Fuhu, Inc. will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
All claims and disputes that (1) are between you and Fuhu, Inc. or either’s subsidiaries, parents, affiliates, officers, directors and/or employees, and (2) arise out of or relate to these terms and conditions or their subject matter, interpretation, performance or enforcement, or any other agreement, transaction or occurrence between you and Fuhu, Inc. (including without limitation any tort or statutory claim) ("Dispute”) shall be arbitrated under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), in English at Los Angeles, California, before one neutral arbitrator who may be a national of any party and who shall be a member of the AAA's Large Complex Case Panel. All documents and information relevant to the claim or dispute in the possession of any party shall be made available to the other party not later than sixty (60) days after the demand for arbitration is served, and the arbitrator may permit such depositions or other discovery deemed necessary for a fair hearing. The arbitrator shall have the power to require discovery of third parties (including testimony and documents) to the fullest extent allowed by the laws of the State of California. The hearing may not exceed two days. The award shall be rendered within 120 days of the demand. The arbitrator may award interim and final injunctive relief and other remedies, but may not award punitive, exemplary, treble, or other enhanced damages. To the fullest extent permitted by law, no arbitration under the Agreement Documents shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. No time limit herein is jurisdictional. Any award of the arbitrator (including awards of interim or final remedies) may be confirmed or enforced in any court having jurisdiction. Notwithstanding the above, you or Fuhu, Inc. may bring court proceedings or claims against each other (i) solely as part of separate litigation commenced by an unrelated third party, or (ii) if not first sought from the arbitrator, solely to obtain in the state or federal courts in Los Angeles, California, temporary or preliminary injunctive relief or other interim remedies pending conclusion of the arbitration. In the case of contradiction between the provisions of this Section and the Commercial Arbitration Rules of AAA, this Section shall prevail. The limitations on remedies described above may be deemed inoperative to the extent necessary to preserve the enforceability of the agreement to arbitrate. If any provision of this agreement to arbitrate is held invalid or unenforceable, it shall be so held to the minimum extent required by law and all other provisions shall remain valid and enforceable.
By visiting a Fuhu Property, you agree that all matters relating to your access to or use of the Site, products or services sold or distributed by or through Fuhu, including all disputes, will be governed by the laws of the United States and by the laws of the State of California, without regard to principles of conflicts of laws. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue.
Fuhu 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.
1700 E. Walnut Ave., 5th Fl.
El Segundo, CA 90245
Fuhu respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement on Fuhu’s website, please provide the information below. To file a copyright infringement notification with Fuhu, you will need to send a written communication that includes the following (please see Section 512(c)(3) of the Digital Millennium Copyright Act for more information):
An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that is allegedly infringing is located on the site, including the URL and the product ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Fuhu’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Attn: Copyright Agent
1700 E. Walnut Ave., 5th Fl.
El Segundo, CA 90245
The information contained on this website is subject to change without notice.
Copyright © 2008-2013 Fuhu Inc. All rights reserved.
Last updated: April 19, 2016