Welcome to LeEco. We and our group of affiliated companies provide websites, features on websites, and other products and services when you use or purchase from our websites, or use our products or software. These Terms of Service govern your purchase, access and use of products and services offered by or on behalf of Le Technology, Inc. and its Affiliates (“LeEco“, “we” or “us“), including those offered or provided on mobile phones, televisions, TV Boxes, accessories, websites, and software, including mobile applications (“LeEco Services“). For the purposes of these Terms of Service, “Affiliate” means the group of entities which are controlling, controlled by or under common control with Le Technology, Inc., and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of voting securities, by contract or otherwise.
By purchasing or using any LeEco Services you are agreeing to be bound by these Terms of Service, including the arbitration agreement and class action waiver described below. Please read them carefully.
We offer a range of products and services, and additional terms and fees may apply to particular LeEco Services. Those additional terms will be available with the relevant LeEco Services and become part of your agreement with us if you use those LeEco Services. In case of a conflict between these Terms of Service and those additional terms, the additional terms will control for that conflict.
These Terms of Service are intended for users and purchasers of LeEco Services located in North America, including the United States of America, including its territories and possessions (collectively, the “United States“), Canada and Mexico. If you have purchased, accessed or used a LeEco Service outside North America, please consult the applicable LeEco terms and conditions for your territory. To the extent that there are conflicts between the applicable LeEco terms and conditions for your territory and these LeEco Terms of Service for North America, the applicable LeEco terms and conditions for your territory will control.
- MINIMUM AGE
LeEco Services may provide access to content, products or services that are not appropriate for children under the age of 14. Persons under the age of 14 may only access or use LeEco Services under the supervision of a parent or legal guardian.
- NOTICES FROM LEECO
If LeEco needs to contact you about your LeEco Services or account, by signing up for or using any LeEco Services, you consent to receive the notices electronically in the manner consistent with the contact information you provide, including email, text messages, or other communications between your desktop or mobile device and us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
- USING LEECO SERVICES
- Access. Subject to your compliance with these Terms of Service and your payment of any applicable fees, LeEco grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and make personal and non-commercial use of the LeEco Services. Additionally, the software license terms found below apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with LeEco Services. No portion of the LeEco Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the LeEco Services, in any manner, and you will not exploit the LeEco Services in any unauthorized way whatsoever, including but not limited to, using the LeEco Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the LeEco Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that LeEco is not in any way responsible for any such use by you.
- Accounts and Security. Use of the LeEco Services may require an account ID and may be subject to fees and different or additional terms depending on the service. You are responsible for maintaining the confidentiality of your account ID and password for each LeEco Service. You agree to notify us immediately at Privacy-US@le.com of any unauthorized use or theft of your account or any other breach of security. You are responsible the activity that happens on or through your account.
- Cloud Services. If LeEco offers cloud services and you register for cloud services, certain cloud features, including, but not limited to, cloud photo library, photo stream, cloud photo sharing, back up and phone locator functionality may be accessed directly from the LeEco Services. Your use of cloud services and these features is subject at all times to the terms and conditions of the cloud services as made available to you and updated from time to time.
- Sync. If you choose to use any synchronization (“sync”) features included as part of the LeEco Services to synchronize your bookmarks, notes, collections, and blog or podcast subscription data across your LeEco Services and devices, you acknowledge that data related to those sync features will be sent to LeEco and stored in conjunction with your LeEco account ID in order to sync among the devices that are authorized to access synced content through your account ID.
- Content. By using any of the LeEco Services, you may encounter content, including content, data, information, applications or materials from third parties (“Third Party Materials“), including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services, or links to web sites or applications. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the LeEco, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the LeEco, and may contain subject matter or language that is not appropriate for all ages, so viewer discretion is advised. While we do not review all content, we may review and remove content that we believe violates our policies or applicable law. We do not assume responsibility or liability to you or any other person for third-party services, Third Party Materials or third party web sites or applications, or for any other materials, products, or services of third parties. To the extent you choose to use or access any LeEco Services and Third Party Materials, you are responsible for your compliance with any applicable laws, including territory restrictions.
- Limitations on the Services. LeEco Services and Third Party Materials that may be accessed, linked to or displayed in the LeEco Services are not available in all languages, countries or regions. Neither LeEco nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any LeEco Services and such information should not be relied upon as accurate. LeEco and its licensors reserve the right to change, suspend, remove, or disable access to any LeEco Services at any time with or without notice. LeEco may impose limits on the use of or access to certain LeEco Services, for any reason and without notice or liability.
- SOFTWARE LICENSE TERMS
The following software license terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with LeEco Services.
- General. The software (including embedded software and third party software), documentation, interfaces, content, fonts and any data that came with your device or that is provided to you as part of LeEco Services, as applicable (the “Original LeEco Software“), as may be updated or replaced by feature enhancements, software updates or system restore software provided by LeEco (the “LeEco Software Updates“), whether in read-only memory, on any other media or in any other form (the Original LeEco Software and LeEco Software Updates are collectively referred to as the “LeEco Software“) are licensed, not sold, to you by or on behalf of LeEco for use only under the terms of these Terms of Service. LeEco and its licensors retain ownership of the LeEco Software and reserve all rights not expressly granted to you in this License. You agree that the terms of this License will apply to any LeEco Software, unless it is accompanied by a separate license, in which case you agree that the terms of that separate license will govern your use of that software or application.
LeEco, in its discretion, may make available future LeEco Software Updates for your device. The LeEco Software Updates, if any, may not necessarily include all existing software features or new features that LeEco releases for newer or other models. The terms of this License will govern any LeEco Software Updates provided by LeEco that replace and/or supplement the Original LeEco Software, unless such LeEco Software Update is accompanied by a separate license, in which case the terms of the separate license will govern.
- Permitted License Uses and Restrictions. Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the LeEco Software on a single device. Unless provided in a separate agreement between you and LeEco, this License does not allow the LeEco Software to exist on more than one device at a time, and you may not distribute or make the LeEco Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use LeEco proprietary interfaces or other technology or intellectual property in the design, development, manufacture, licensing or distribution of third party devices or accessories, or third party software applications, including for use with any LeEco Service.
You may not, and you agree not to or permit or assist others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the LeEco Software or any services provided by the LeEco Software or any part thereof (except as and only to the extent these restrictions are prohibited by applicable law).
Automatic application updates may be available for the LeEco Software, and if you choose to allow automatic application updates, your LeEco Software will periodically check with LeEco for updates to the apps on your device and, if one is available, the update will automatically download and install onto your device.
- You may not rent, lease, lend, sell, redistribute, or sublicense the LeEco Software. You may, however, make a one-time, permanent transfer of all of your license rights to the LeEco Software to another party in connection with the transfer of ownership of your associated LeEco device, provided that: (a) the transfer must include your LeEco device and all of the LeEco Software, including all its component parts, original media and this License; (b) you do not retain any copies of the LeEco Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the LeEco Software reads and agrees to accept the terms and conditions of this License.
- Export Control. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the LeEco Software. You also agree that you will not use the LeEco Software for any purposes prohibited by United States law.
- Government End Users. The LeEco Software 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 (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms of Service. Unpublished rights are reserved under the copyright laws of the United States.
- MOBILE DEVICES AND MOBILE DEVICE APP PERMISSIONS
Some LeEco Services may be available on mobile devices. Do not use these services in such a way that causes distraction and prevents you from observing and obeying traffic or other safety laws and regulations. When you use apps provided by us, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions and how they can be changed or disabled.
- LEECO PRODUCT AND SERVICES INFORMATION
The information presented on or through LeEco websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to an LeEco website, or by anyone who may be informed of any of its contents.
- PROPRIETARY RIGHTS
- Ownership. All information, content, materials, products (including software), text, graphics, logos, images, audio or visual clips, complications of content and other services included in or otherwise made available to you through the LeEco Services (collectively, the “LeEco Content”) are proprietary works owned by LeEco or its content providers and are protected by U.S. and international intellectual property laws. All right, title and interest in and to the LeEco Content, including, but not limited to, all copyright, moral rights, patent, patent registration, service mark, service name, trade name, trade secret, trademark, or other proprietary right arising or enforceable under any United States federal or state law, rule or regulation, non-United States law, rule or regulation or international treaty, is the exclusive property of LeEco or its content providers. All rights not expressly granted to you in these Terms of Service are reserved and retained by LeEco or its content providers. Your use of LeEco Content, including, news, entertainment and other content offered by LeEco, is limited solely to your personal, noncommercial use, does not transfer any ownership interest to you in the LeEco Content, and specifically excludes, without limitation, any commercial or promotional use rights in the LeEco Content. Except as otherwise expressly provided in an application, you may not republish, retransmit or reproduce any images accessed through any application.
- Trademark Use. The name LeEco, LeTV, LeMall.com and all related names, logos, product and service names, designs and slogans, and website elements, designs and scripts are trademarks or trade dress of LeEco and its affiliated companies. LeEco’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in a manner that is likely to cause confusion among customers, that dilutes its uniqueness, or that disparages or discredits us. All other names, logos, product and service names, designs and slogans accessible through LeEco are the property of their respective owners.
- User Content. To the extent that you upload any content through the use of the LeEco Services, you represent and warrant that you own all rights in, or have the legal right to upload, such content and that such content does not violate these Terms of Service or any other terms applicable to the LeEco Services and that the uploaded content is not obscene, illegal, threatening, infringing any copyright, trademark, right of publicity or other intellectual property right, defamatory, violative of privacy rights or otherwise objectionable. LeEco is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback“), including responses to questionnaires or through postings to the LeEco Services, including the LeEco websites, applications and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the LeEco Services. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
- COPYRIGHT INFRINGEMENT AND DMCA
If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the LeEco Services, including any content posted by a user, infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”).
All notices of infringement should be sent to the Designated Agent of LeECo identified below and should include the following information:
(a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest,
(b) a description of the copyrighted work that you claim has been infringed,
(c) a description of where the material that you claim is infringing is located on the Site,
(d) your address, telephone number, and e-mail address,
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and
(f) 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.
For the fastest processing of your request, written notice should be sent to our designated agent via our online copyright complaint form at www.leeco.com/dmca.
Alternatively, notices of infringement should be directed to the following Designated Agent of LeEco:
Attn. Legal Director – IP
3553 N. 1st Street
San Jose, CA 95134
If you submit a notice of infringement that knowingly materially misrepresents that any LeEco Content, information, or communication on the LeEco Services is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information, or communication has been removed from the LeEco Services due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.
It is the policy of the LeEco to terminate the user accounts of repeat infringers.
- THIRD PARTY TERMS.
Portions of the LeEco Services may utilize or include third party software and other copyrighted material. Your use of third party material is governed by the respective terms of those third parties.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LEECO SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LEECO SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY, GUARANTY OR CONDITION OF ANY KIND, AND LEECO AND LEECO’S LICENSORS HEREBY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS WITH RESPECT TO THE LEECO SERVICES OR INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LEECO SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, GUARANTEES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LEECO AND LEECO’S LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE LEECO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY LEECO SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE LEECO SERVICES WILL BE CORRECTED, OR THAT THE LEECO SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF SOFTWARE CONTAINED IN THE LEECO SERVICES MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS LEECO SERVICES.
LEECO DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER ACTIVITY USING PAYMENT FEATURES OF THE LEECO SERVICES, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR ISSUING BANK, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL LEECO, ITS AFFILIATES OR LICENSORS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LEECO SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE LEECO SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF LEECO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL LEECO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS (U.S. $250.00). THESE LIMITATIONS ARE INTENDED TO APPLY EVEN IF THE FOREGOING REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IF ANY PROVISION OF THESE TERMS OF SERVICE IS HELD TO BE INVALID, ILLEGAL, OR UNENFORCEABLE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS WILL REMAIN IN FULL FORCE AND EFFECT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN KINDS OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- GOVERNING LAW AND JURISDICTION
You agree that Federal Arbitration Act, applicable United States federal law, and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute or claim arising between you and LeEco. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions.
- ADDITIONAL TERMS
- ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
If you are a user of the LeEco Services in the United States (including its possessions and territories), you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and LeEco, of whatsoever kind or nature arising out of these Terms of Service, shall be submitted to JAMS, Inc. (“JAMS”) for binding arbitration under its rules then-in-effect in the San Jose, California, USA area, before one arbitrator to be mutually agreed upon by both parties. Notwithstanding the foregoing, you have the right to an in-person hearing in your hometown area. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to any dispute, claim or controversy arising out of or relating in any way to these Terms of Service or your use of the LeEco Services. The U.S. Federal Arbitration Act will govern the interpretation and enforcement of this provision, and you and LeEco each waive the right to a trial by jury or to participate in a class action. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration provision does not preclude the user from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against LeEco on your behalf.
Except as otherwise provided herein, or unless LeEco and you agree otherwise, any arbitration hearings will take place by video or telephone conference. For the avoidance of doubt, the arbitration shall allow for the discovery or exchange of non-privileged information relevant to the dispute. Regardless of the manner in which the arbitration is conducted, any Arbitrator’s Award will consist of a written statement stating the disposition of each claim, and the arbitrator shall issue a reasoned written statement of the essential findings and conclusions on which the award is based. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of these Terms of Service.
Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS’ rules, and if you initiate the arbitration, you shall only be responsible for fees up to US $250.00. All other costs will be borne by LeEco, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. If LeEco initiates the arbitration, LeEco shall pay all fees associated with the arbitration.
YOU AND LEECO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR LEECO’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and LeEco agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Notwithstanding the foregoing, the parties acknowledge and agree that any violation of LeEco’s proprietary rights in the LeEco Services or LeEco Software by you would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, each party agrees that in the event of your violation of LeEco’s proprietary rights in the LeEco Services or LeEco Software as provided in these Terms of Service, LeEco shall not be required to submit such claims to arbitration, and LeEco shall have the right to seek an immediate injunction from any court of competent jurisdiction enjoining any such violation of LeEco’s proprietary rights in the LeEco Services or LeEco Software.