Terms of Use

Acceptance of Terms through Use

Welcome to the website for Gymboree Play & Music operations in Japan (“Site”) run by Kids Learning Network Company. Please review the following basic terms and conditions (the “Terms of Use”), which govern your use of our Site. Please note that your use of this Site constitutes your unconditional agreement to follow and be bound by the Terms of Use (the “Agreement”). If you do not agree to these Terms of Use, please do not use this Site.

We (Kids Learning Network Company) reserve the right, in its discretion, to change the Terms of Use at any time without prior notice. We therefore ask that you check the Terms of Use periodically for changes. Your continued use of our Site following any such changes constitutes your acceptance of those changes.

Proprietary Rights

Unless otherwise noted, all materials, including text, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of this Site (collectively, the “Contents”), and the Site as a whole, including the collection, arrangement and assembly of all Contents on the Site, are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by The Gymboree Corporation or one of its subsidiaries or affiliates (collectively, “Gymboree”) or by third parties who have licensed their materials to Gymboree, and are protected by U.S. and international copyright laws. All software used on this Site (the “Software”) is the property of Gymboree or its suppliers or licensors and is also protected by U.S. and international copyright laws. Gymboree and its licensors expressly reserve all worldwide intellectual property rights in all Contents, in the Site as a whole, and in the Software. By granting access to this Site, Gymboree does not intend to authorize, and shall not be deemed to have authorized, any license under any of Gymboree’s or its licensors’ intellectual property rights, except to the extent expressly set forth in these Terms of Use.

The Gymboree names and logos and related product and service names, design marks and slogans (including, without limitation, GYMBOREE, GYMBOREE.COM, GYMKIDS, GYMBABY) are registered trademarks, domain names or service marks of Gymboree. All other marks that may appear on this Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. By granting access to this Site, Gymboree does not intend to authorize, and shall not be deemed to have authorized, anyone to use any name, logo or mark in any manner.

Use of This Site

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. Kids Learning Network Company authorizes you to download or print one copy of the Contents and other downloadable materials displayed on the Site solely for your own personal noncommercial use, provided you keep intact all copyright and other proprietary notices. No right, title or interest in any Contents or other downloaded material or software is transferred to you as a result of any such downloading or printing. You may not sell, license, rent, modify, distribute, copy, reproduce (except as noted above), transmit, publicly display or perform, publish, adapt, edit or create derivative works from, or otherwise exploit in any way, in whole or in part, any of the Contents or the Site as a whole. Any unauthorized use of the Contents and/or the Site as a whole is strictly prohibited.

Limitation of Liability

You acknowledge that your use of this site is at your own risk. In no event shall Kids Learning Network Company, or any of its employees, directors, officers, agents, franchisees, vendors or suppliers be liable to you or to any other person for any damages whatsoever (including, without limitation, indirect, incidental or consequential damages, lost profits, loss of goodwill, or damages resulting from lost data or business interruption) arising out of or in connection with the use or inability to use this site and the contents hereof, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not Kids Learning Network Company is advised of or should have known of the possibility of such damages because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Kids Learning Network Company’s liability in such jurisdictions shall be limited to the extent permitted by law.

Disclaimer of Warranties

Kids Learning Network Company does not warrant that this site will operate error-free or that the site and its server are free of computer viruses and other harmful components. If your use of this site or the contents results in the need for servicing or replacing equipment or data, Kids Learning Network Company is not responsible for those costs and you assume full responsibility for them.

This site and all contents of the site are provided by Kids Learning Network Company on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Kids Learning Network Company disclaims all warranties, express or implied, including but not limited to, warranties of title and non-infringement of third-party rights and implied warranties of merchantability or fitness for a particular purpose.

Changes are periodically made to this site and may be made from time to time. Kids Learning Network Company makes no representations or warranties about the availability, accuracy, reliability, completeness, or timeliness of any of the contents of this site. Your use of this site and the contents on it are at your own risk.

The foregoing disclaimers constitute an essential part of this agreement because some jurisdictions do not permit the exclusion of certain warranties; the foregoing exclusions may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless Kids Learning Network Company, its shareholders, officers, directors, employees, agents and Franchisees from and against any and all claims, actions, demands or liability, including, without limitation, reasonable attorneys’ fees and costs, arising from or related to your use or misuse of this Site.

Choice of Law and Forum

This Agreement shall be governed by and construed in accordance with the internal substantive laws of Japan, without regard to its conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Courts of Japan, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such dispute.

Severability and Integration

If any provision of this Agreement is found to be invalid or unenforceable by any court having competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions and other provisions of this Agreement shall remain in full force and effect. Unless otherwise specified, this Agreement constitutes the entire agreement between you and Kids Learning Network Company with respect to the use of this Site and supersedes all prior or contemporaneous communications and proposals between you and Kids Learning Network Company.

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