Privacy Policy Terms of Use FAQ


For ToyTalk’s Terms of Use for Hello Barbie™, please see http://www.toytalk.com/hellobarbie/terms/

Last Revised: April 30, 2014

Welcome to ToyTalk's application. We have created an interactive application that is designed to entertain families using conversation and characters (the "ToyTalk App").

THESE APPLICATION TERMS (THE "TERMS") APPLY TO YOUR (AND YOUR CHILDREN'S) USE OF THE TOYTALK APP PROVIDED BY TOYTALK, INC. ("TOYTALK").

PLEASE READ THE TERMS AND CONDITIONS OF THE TERMS CAREFULLY.

BY DOWNLOADING THE TOYTALK APP, USING THE TOYTALK APP OR CLICKING/CHECKING ON THE ACCEPT/AGREE BOX/BUTTON, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS (INCLUDING, THE TERMS AND CONDITIONS OF THE THIRD PARTY TERMS THAT ARE INCORPORATED INTO THE TERMS BY REFERENCE); (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE TERMS; AND (III) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TERMS AND ALL APPLICABLE LAWS.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE TERMS, TOYTALK IS UNWILLING TO GRANT YOU (OR YOUR CHILDREN) THE RIGHT TO USE THE TOYTALK APP.

THE TERMS CONSTITUTE AN ENFORCEABLE AGREEMENT BY AND BETWEEN YOU AND TOYTALK.

FOR PURPOSES OF THE TERMS, "TOYTALK", "US", "WE" OR "OUR" MEANS AND INCLUDES TOYTALK AND ITS INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS. "YOU" MEANS EACH PERSON WHO ACCESSES OR USES THE TOYTALK APP (INCLUDING, BUT NOT LIMITED TO YOUR CHILDREN), WHETHER OR NOT SUCH PERSON PERSONALLY INSTALLED THE TOYTALK APP. FURTHER, "YOUR CHILDREN" OR "YOUR CHILD" REFERS TO YOUR CHILD, YOUR CHILDREN OR A CHILD OR CHILDREN UNDER YOUR GUARDIANSHIP OR SUPERVISION.

Privacy

Please refer to our Privacy Policy for information on how ToyTalk collects, uses and discloses your information when you use the ToyTalk App.

Creating an Account

In order to create an account for the ToyTalk App, you must be 13 years of age or older. By creating an account for the ToyTalk App, you represent and warrant that you are 13 years of age or older. In consideration of your use of the ToyTalk App, you agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms via the ToyTalk App ("Registration Data"); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to ToyTalk, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to ToyTalk. You are responsible for safeguarding the password that you use to access the ToyTalk App. When you register for the ToyTalk App, you should use a strong password, including a combination of upper and lower case letters. We suggest that you not use the same password for the ToyTalk App that you use for other applications or services.

License

Subject to the terms, conditions and limitations set forth in the Terms, ToyTalk grants you a nonexclusive, non-transferable and revocable license to use the ToyTalk App on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by ToyTalk that replace and/or supplement the original ToyTalk App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Restrictions

You agree not to do, or authorize or permit any third party to do, any of the following: (i) copy, reproduce or distribute the ToyTalk App; (ii) make the ToyTalk App available over a network where it could be used by multiple devices at the same time; (iii) sell, license, rent, assign, lease, lend, redistribute or sublicense the ToyTalk App; (iv) modify, port, translate, or create derivative works of the ToyTalk App; (v) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms of the ToyTalk App by any means (except as and only to the extent any of these restrictions are prohibited by applicable law); (vi) submit any automated or recorded requests to the ToyTalk App; (vii) use the ToyTalk App for commercial use; (viii) use the ToyTalk App for purposes of comparison with or benchmarking against products or services made available by third parties; (ix) knowingly take any action that would cause the ToyTalk App to be placed in the public domain; and (x) remove, alter or obscure any copyright, trademark or other proprietary rights notice or labels on or in the ToyTalk App. If you violate any of the restrictions set forth in the Terms, your right to use the ToyTalk App will immediately cease and you may have infringed the copyright and other rights of ToyTalk, which may subject you to prosecution and damages. ToyTalk reserves all rights not expressly granted in the Terms, and no licenses are granted by ToyTalk to you under the Terms, whether by implication, estoppel or otherwise, except as expressly set forth in the Terms.

Consent to Use of Data and Communications

You agree that ToyTalk may collect and use technical data, personal information and related information in connection with your use of the ToyTalk App including, but not limited to, contact information and technical information about your device, system and the ToyTalk App software, and peripherals, that are gathered periodically to facilitate the features and functionality of the ToyTalk App and software updates, product support and other services. Please see our Privacy Policy for more information about how ToyTalk collects, uses, stores and discloses personal information collected through the ToyTalk App. You also consent to our communicating with you about the ToyTalk App or in connection with the features, functions and activities contained in the ToyTalk App.

Speech Data, Recordings and Third Party Components

Use of Speech Data and Recordings

You acknowledge and agree that when users interact with ToyTalk, ToyTalk may capture audio recordings, video recordings, and/or photographs (collectively the "Recordings") of such interactions, depending upon the particular application being used. Please click here to see our Table of Apps and Recording Technology which explains what type of Recordings are captured in connection with a particular application.

You agree that ToyTalk and its licensors and contractors may use, transcribe and store any such Recordings and any speech data contained therein (the "Speech Data"), including your voice and likeness as may be captured therein, to provide and maintain the ToyTalk App, to develop, tune, test, enhance or improve speech recognition technology and artificial intelligence algorithms, to develop acoustic and language models and for other research and development purposes. You can prevent the apps from taking and storing photos by turning off "Allow Photos" through the Setting page in the Parental Controls area the apps.

ToyTalk and/or its licensors will not use the information contained in any Speech Data for any purpose except as set forth above. Because audio and video files and photographs constitute personal information under the Children's Online Privacy Protection Act, parents will need to consent to the use of the ToyTalk App by their children who are under 13 before ToyTalk will save or store any Recordings. Therefore, the foregoing does not apply to children under 13 until such consent is obtained.

Recordings

The ToyTalk App may allow you, the account holder, to share certain Recordings that you (and/or your children) create using the ToyTalk App with others by providing a URL to such Recordings via email or by posting a URL to such Recordings on your website or third party websites (including Facebook, Twitter and YouTube (each, a "Third Party Site")). Please remember that when you share the Recordings with a Third Party Site, such Recordings may become subject to third party website policies and rules.

You acknowledge and agree that you (on behalf of yourself and your child) release and discharge ToyTalk, its administrators, directors, officers, employees, agents, sponsors and advertisers (collectively, "ToyTalk Parties") from all liability to you and your child for any claims that the use of the Recordings by ToyTalk (or any party on its behalf) violates any of your rights, including intellectual property rights or rights of publicity or privacy. Further, you (on behalf of yourself and your child) convent not to sue any ToyTalk Parties with respect to any Recordings. You also acknowledge and agree that neither you nor your child will be entitled to any additional compensation for the use of any of the Recordings by ToyTalk or a party on its behalf.

Third Party Components

The ToyTalk App utilizes technology provided by third parties (including, but not limited to, Google, Inc. ("Google")). By using the ToyTalk App you agree to the terms and conditions set forth at http://developers.google.com/terms (which may be modified by Google from time-to-time and are incorporated into the Terms by reference).

Feedback

Any suggestions, comments or other feedback provided by you or your children to us with respect to the ToyTalk App and/or our products and services will constitute our confidential information. We will be free to use, disclose, reproduce, license and otherwise distribute, and exploit this feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

Conduct

You agree that you are solely responsible for your conduct (and the conduct of anyone using your account) with respect to the ToyTalk App, and you agree that you will not do any of the following in connection with the ToyTalk App:

  • Use the ToyTalk App in any manner that could damage, disable, overburden or impair the functioning of the ToyTalk App in any manner;
  • Use the ToyTalk App for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms;
  • Modify, adapt or hack the ToyTalk App; or
  • Infringe upon or violate the rights of ToyTalk.

Any use of the ToyTalk App in violation of the Terms may result in, among other things, termination or suspension of your rights to use the ToyTalk App.

Trademarks and Third Party Trademarks

ToyTalk's name, ToyTalk's logos and any other ToyTalk product, service name or slogan included in the ToyTalk App are trademarks of ToyTalk and may not be copied, imitated or used, in whole or in part, without the prior written permission of ToyTalk. In addition, the look and feel of the ToyTalk App, including all custom graphics, button icons and scripts are the service marks, trademarks and/or trade dress of ToyTalk and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the ToyTalk App ("Third Party Trademarks") are the property of their respective owners, and the use of such Third Party Trademarks will inure to the benefit of each trademark owner. The use of such Third Party Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by ToyTalk and its licensors with such company; or (ii) an endorsement or approval by such company of ToyTalk and its licensors and its products or services.

Ownership

Except for the license expressly stated in the Terms, you are not granted any rights in or to the ToyTalk App by implication, estoppel, or other legal theory, and all rights in and to the ToyTalk App not expressly granted in the Terms are hereby reserved and retained by ToyTalk. All information, materials and content including, but not limited to, text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively "ToyTalk Material") is owned by ToyTalk or is used with permission. This ToyTalk Material is protected in all forms, media and technologies now known or hereinafter developed.

Modification of Terms

ToyTalk reserves the right to change or modify any of the terms and conditions contained in the Terms, or any policy or guideline of the ToyTalk App, at any time and in its sole discretion by posting the changes/modifications via the ToyTalk App. Additionally, notice may be provided by sending an email to you or by such other form of notice as determined by ToyTalk. Changes/modifications will only become effective at the end of the 30 day period commencing upon the posting of the changes/modifications via the ToyTalk App ("Notice Period"). If you disagree with any changes/modifications, please stop using the ToyTalk App within the Notice Period. Your use of the ToyTalk App after the Notice Period will constitute your acceptance of the changes/modifications. Also, we recommend that you review the Terms whenever you access the ToyTalk App and, at least, every 30 days to make sure that you understand the terms and conditions that will apply to your use of the ToyTalk App.

Suspension and Termination

ToyTalk may suspend and/or terminate your rights with respect to the ToyTalk App for any reason or for no reason at all and with or without notice at ToyTalk's sole discretion. Suspension and/or termination may include restricting access to and use of the ToyTalk App. If your rights with respect to the ToyTalk App are suspended and/or terminated, you agree to make no further use of the ToyTalk App during suspension or after termination. ToyTalk reserves the right, but does not undertake any duty, to take appropriate legal action including, but not limited to, the pursuit of civil, criminal and/or injunctive redress against you for continuing to use the ToyTalk App during suspension or after termination, and you agree that ToyTalk may recover its reasonable attorney's fees and court costs from you for such actions. Even while your membership is suspended and after it is terminated, the Terms will remain enforceable against you. All of the terms and conditions of the Terms survive any termination of the Terms (except the "License" and "Consent to Use of Data and Communications" sections).

Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE TOYTALK APP IS AT YOUR SOLE RISK. THE TOYTALK APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOYTALK DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS, THE TOYTALK APP, THE TOYTALK MATERIAL, ANY TOYTALK PRODUCTS AND SERVICES, THE RECORDINGS, THIRD PARTY SITES AND THIRD PARTY TRADEMARKS WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT TOYTALK KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. TOYTALK DOES NOT WARRANT THAT: (A) THE FUNCTIONS CONTAINED IN THE TOYTALK APP WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE TOYTALK APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (C) ANY DEFECTS IN THE TOYTALK APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY TOYTALK OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

Indemnification

You agree, at your sole expense, to defend, indemnify and hold us and our licensors, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; or (ii) your violation (or alleged violation) of the Terms or the rights of any third party.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TOYTALK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THE TOYTALK APP, THE TOYTALK MATERIAL, ANY TOYTALK PRODUCTS OR SERVICES, THE RECORDINGS, THIRD PARTY SITES OR THIRD PARTY TRADEMARKS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF TOYTALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

App Store

You acknowledge and agree that the availability of the ToyTalk App is dependent on the third party from which you received the ToyTalk App, e.g., the Apple iPhone App Store ("App Store"). You acknowledge and agree that the Terms are between you and ToyTalk and not with the App Store. ToyTalk, not the App Store, is solely responsible for the ToyTalk App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Store in connection with the ToyTalk App (if any). You agree to comply with, and your license to use the ToyTalk App is conditioned upon your compliance with, all applicable third party terms of agreement when using the ToyTalk App.

Notice of Availability of Filtering Software

Pursuant to the Communications Decency Act, you are hereby informed by ToyTalk that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org, and Safety.com, www.safety.com, or in the following Web directories: Internet Blocking and Filtering Software or Filtered Access.

No Third Party Beneficiaries

Except as otherwise expressly elsewhere in the Terms, there will be no third party beneficiaries to the Terms.

Modifications to the ToyTalk App

ToyTalk reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the ToyTalk App and/or any features, information, materials or content on the ToyTalk App with or without notice to you. You agree that ToyTalk will not be liable to you or any third party for any modification or discontinuance of the ToyTalk App or any portion thereof.

Copyright Complaints

In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, ToyTalk has adopted a policy of terminating, in appropriate circumstances and at ToyTalk's sole discretion, account holders who are deemed to be repeat infringers. ToyTalk may also, at its sole discretion, limit access to the ToyTalk App and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. ToyTalk will respond to claims of copyright infringement committed using the ToyTalk App that are reported to ToyTalk's Designated Copyright Agent, identified in the sample notice below.

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If you are a copyright owner, or are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the ToyTalk App by completing the following DMCA Notice of Alleged Infringement and delivering it to ToyTalk's Designated Copyright Agent. Upon receipt of the Notice as described below, ToyTalk will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the ToyTalk App.

DMCA Notice of Alleged Infringement ("Notice"):

Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify the material that you claim is infringing (or 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the ToyTalk App where such material may be found.

Provide your mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice: (i) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; and (ii) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to ToyTalk's Designated Copyright Agent:

Copyright Agent
ToyTalk, Inc.
77 Maiden Lane
San Francisco, CA 94108
Email: dmca@toytalk.com

Export Limitations

You may not use or otherwise export or re-export the ToyTalk App except as authorized by United States law and the laws of the jurisdiction in which the ToyTalk App was obtained. In particular, but without limitation, the Application may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the ToyTalk App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the ToyTalk App for any purposes prohibited by United States law, including, but not limited to, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

US Government Rights

The ToyTalk App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Governing Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TOYTALK AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TOYTALK.

You and ToyTalk agree to arbitrate any dispute arising from the Terms or relating to the ToyTalk App, except that you and ToyTalk are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

You and ToyTalk agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Francisco, California and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and ToyTalk also agree that the state or federal courts in San Francisco County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND TOYTALK WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

Notwithstanding any terms to the contrary in the Terms, the following additional terms will apply to the download of the ToyTalk App for use on the iPhone, iPod Touch or iPad:

Acknowledgement

You and ToyTalk acknowledge that the terms are solely between you and ToyTalk, and not with Apple, Inc. ("Apple"), and that ToyTalk, not Apple, is solely responsible for the ToyTalk App and the content contained within the ToyTalk App. You further acknowledge that the usage rules for the ToyTalk App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the ToyTalk App. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.

Scope of License

The license granted to you is limited to a non-transferable license to use the ToyTalk App on any iPhone, iPod Touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

Maintenance and Support

ToyTalk is solely responsible for providing maintenance and support services with respect to the ToyTalk App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ToyTalk App.

Warranty

You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the ToyTalk App. In the event of any failure of the ToyTalk App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the ToyTalk App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the ToyTalk App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of ToyTalk. However, you understand and agree that in accordance with the Terms, ToyTalk has disclaimed all warranties of any kind with respect to the ToyTalk App, and therefore, there are no warranties applicable to the ToyTalk App, except those implied by law.

Product Claims

You and ToyTalk acknowledge and agree that as between Apple and ToyTalk, ToyTalk, not Apple, is responsible for addressing any of your claims or any third party claims relating to the ToyTalk App or your possession and/or use of the ToyTalk App, including, but not limited to: (i) product liability claims; (ii) any claim that the ToyTalk App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights

You and ToyTalk acknowledge and agree that, in the event of any third party claim that the ToyTalk App or your possession and use of the ToyTalk App infringes that third party's intellectual property rights, ToyTalk, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Terms.

Legal Compliance

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address

Any end-user questions, complaints or claims with respect to the ToyTalk App should be directed to:

ToyTalk, Inc.
77 Maiden Lane
San Francisco, CA 94108
Email: support@toytalk.com

Third Party Beneficiary

The parties acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third party beneficiary thereof.

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