Terms of Service

  • ACCEPTANCE OF TERMS

    Leafling Media LLC, ("Leafling") provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. You can review the current version of the TOS at http://www.leafling.com//tos.php. Failure to comply with these TOS may result in account revocation.

  • DESCRIPTION OF SERVICE

    Leafling is a web-based service that allows its users to customize and save two pages (herein referred to as the "Service"). The Service may be used through a web browser. Each user receives their two pages (the “Leaf”) to customize with Sudoku puzzles, Crossword puzzles, Kakuro puzzles, Cipher puzzles, Weather, Checklist, Riddles, Trivia, Coloring, Word Search, Word Scramble, Connect the Dots, or information concerning or linked to software, music, sound, photography, graphics, and video (the "Content"). This Content may reside on Leafling's servers or on the servers of a third party.

  • ACCOUNT STRUCTURE

    Leafling offers user accounts free of charge to all valid registrants.

  • YOUR REGISTRATION OBLIGATIONS

    Account registration and verification is required in order to create a Leafling account. During registration, all users are required to provide accurate, complete, and current information about themselves in all required fields. Should any of your own information change after submitting it to Leafling, you are required to update that information as soon as possible. Should Leafling suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that Leafling's privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to leaf-privacy@leafling.com.

  • LEAFLING.COM PRIVACY POLICY

    Your use of the Service is subject to Leafling's privacy policy. For information on Leafling's privacy practices, please see the entire privacy policy at http://www.leafling.com/privacy.php.

  • INDEMNITY

    You agree to indemnify and hold Leafling, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of the Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

  • SPECIAL ADMONITIONS FOR INTERNATIONAL USE

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  • GENERAL PRACTICES REGARDING USE AND STORAGE

    You acknowledge that Leafling may be required to send you emails regarding your use of the Service; however, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that Leafling may establish limits concerning use of the Service and may modify these limits at any time.

  • MODIFICATIONS TO SERVICE

    Leafling reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Leafling shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

  • NO RESALE OF SERVICE

    You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.

  • TERMINATION

    You agree that Leafling, in its sole discretion, may terminate your password or account, and remove and discard any content within the Service, for any reason, including and without limitation, if Leafling believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Leafling may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Leafling may immediately deactivate or delete your Leafling account and all related information and files. Leafling reserves the right to bar any further access to such files or the Service. You agree that Leafling shall not be liable to you or any third-party for any termination of your access to the Service.

  • ADVERTISEMENTS AND PROMOTIONS

    You understand and agree that some or all of the Service may include advertisements and that these advertisements are necessary for Leafling to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that Leafling has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Leafling on your Leaf and throughout the Service are subject to change at Leafling's discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Leafling shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

  • LINKS

    The Service, or relevant third parties, may provide links to other web sites or resources. Because Leafling has no control over such sites and resources, you acknowledge and agree that Leafling 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 Leafling 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.

  • LEAFLING.COM PROPRIETARY RIGHTS

    You acknowledge and agree that the Service may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Leafling code and specifications, the Content, and the operation of the Service, are subject to their express or implied licenses. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Leafling or advertisers, you agree not to modify, rent, lease, loan, sell, or create derivative works based on the Content or the Service, in whole or in part.

    TRADEMARKS

    Product names, logos, designs, titles, words or phrases used on any Leafling web site, including without limitation, LEAFLING, LEAFLING.COM, and Leafling logo, are owned by Leafling Media LLC, its licensors, or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally. Failure of a mark to appear on this page does not mean that Leafling does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market.

    Leafling logo:

    Submission of Unsolicited Ideas and Information

    Leafling does not want to receive confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized Leafling representative, any material, information or idea you transmit to Leafling by any means may be disseminated or used by Leafling or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. However, this provision does not apply to personal information that is subject to our Privacy Policy.

  • MEMBER CONDUCT

    You agree to NOT use the Service to:

    • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
    • Intentionally or unintentionally violate any applicable local, state, national or international law.
    • Collect or store personal data about other users for business purposes.
    • Employ tactics to prevent the full and complete display of advertisements on Leafling pages.
    • Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.
    • Make excessive or otherwise harmful automated use of the system.

  • DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    • Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Leafling expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
    • Leafling makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
    • Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or other liability that results from the download of any such material.
    • No advice or information, whether oral or written, obtained by you from leafling.com or through or from the service shall create any warranty not expressly stated in the TOS.

  • LIMITATION OF LIABILITY

    You expressly understand and agree that Leafling shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Leafling has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

  • U.S. GOVERNMENT RESTRICTED RIGHTS

    The materials on Leafling are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Leafling’s proprietary rights in them.

  • GENERAL INFORMATION

    The TOS constitutes the entire agreement between you and Leafling and governs your use of the Service, superseding any prior agreements between you and Leafling (including, but not limited to, any prior versions of the TOS) and any prior representations by Leafling. The laws of the State of California, U.S.A, shall govern the TOS and the relationship between you and Leafling, without regard to its conflict of law provisions. You and Leafling agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo, California, U.S.A. The failure of Leafling to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

  • I.REVISIONS

    Leafling may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.

    Last revision: December 05, 2007