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Last revised on October 5, 2011
- Eligibility. You must be at least eighteen (18) years of age and the parent or guardian of a child under the age of sixteen (16) single to register as a member of Playdate Planet or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
- Membership As of now, you may become a Member of the Service at no cost. As a Member, you will have the ability to participate in all of the features and services available within the Service. Playdate Planet reserves the right, however, to require a Membership fee in the future. In that event, you will receive notice if any such cost is required of you, and you will have the option to pay the fee or have your Membership cancelled.
- Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason, by deleting Your Account information or contacting us online or sending written notice of termination to Playdate Planet, 6553 Aylesboro Ave., Pittsburgh, PA 15217. If you resign or cancel your membership, to help Playdate Planet analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. Playdate Planet may terminate your membership by sending notice to you at the email address you provide in your Account, or such other email address as you may later provide to Playdate Planet. All decisions regarding the termination of accounts shall be made in the sole discretion of Playdate Planet. Playdate Planet is not required to provide you notice prior to terminating your membership. Playdate Planet is not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
- Non-commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Playdate Planet, which may be revoked at any time, for any reason, in Playdate Planet's sole discretion.
- Account Security. You are responsible for maintaining the confidentiality of the password that you designate during the Registration process, and you are fully responsible for all activities that occur under your e-mail address and password. You agree to immediately notify Playdate Planet of any unauthorized use of your e-mail address or password or any other breach of security. Playdate Planet will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Your Interactions with Other Members.
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS AND ENSURING THE SAFETY AND WELL-BEING OF YOUR CHILD(REN). YOU UNDERSTAND THAT PLAYDATE PLANET DOES NOT ROUTINELY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS NOR DOES IT CONDUCT SAFETY REVIEWS OF MEMBERS’ HOMES OR OTHER PLAY DATE LOCATIONS. PLAYDATE PLANET DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE INFORMATION PROVIDED BY ITS MEMBERS. PLAYDATE PLANET MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR APPROPRIATENESS AS A CARETAKER FOR A CHILD. PLAYDATE PLANET RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME USING AVAILABLE PUBLIC RECORDS BUT IS NOT OBLIGATED TO DO SO.
- IN NO EVENT SHALL PLAYDATE PLANET BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY TO ENSURE THAT THE MEMBER AND HIS OR HER HOME ARE SAFE AND APPROPRIATE FOR YOUR CHILD.
- Content on Playdate Planet.
- Proprietary Rights. Playdate Planet owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Playdate Planet, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Reliance on Content, Advice, Etc. Opinions, advice, statements, or other information or content made available through the Service, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Playdate Planet does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Playdate Planet or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
- Content Posted by You on Playdate Planet.
- You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Playdate Planet or to any other Member. If information provided to Playdate Planet, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly update or modify such information.
- You understand and agree that Playdate Planet may review and delete any content, photos or profiles (collectively, “Content”), in each case in whole or in part, that in the sole judgment of Playdate Planet violate this Agreement or which might be offensive, illegal, or that might harm, violate the rights of, or threaten the safety of, Members.
- By posting Content to any public area of Playdate Planet, you automatically grant, and you represent and warrant that you have the right to grant, to Playdate Planet, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Playdate Planet will not infringe or violate the rights of any third party.
- The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Playdate Planet reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that is: patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
- You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although Playdate Planet cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
- All information you include in your Member profile and the profiles of your child or children must be accurate and up to date.
- Prohibited Activities. Playdate Planet reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
- You will not impersonate any person or entity.
- You will not express or imply that any statements you make are endorsed by Playdate Planet without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not “frame” or “mirror” any part of the Service or the Website, without Playdate Planet's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Playdate Planet or the Service or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
- Customer Service. Playdate Planet may provide assistance and guidance through its customer care department. When communicating with our customer care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership.
- Modifications to Service. Playdate Planet reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Playdate Planet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Blocking of IP Addresses. In order to protect the integrity of the Service, Playdate Planet reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
- Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide Playdate Planet with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; 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; 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. Playdate Planet's address for notice of claims of copyright infringement is as follows: Playdate Planet Legal, 6553 Aylesboro Ave., Pittsburgh PA 15217.
- Member Disputes. You are solely responsible for your interactions with other Playdate Planet Members. Playdate Planet reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Playdate Planet is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Playdate Planet is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Playdate Planet assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Playdate Planet is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or text messages on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer or telephone or other electronic device related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Playdate Planet or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Playdate Planet expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Playdate Planet cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
- In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Playdate Planet makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
- Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Playdate Planet has no control over such sites and resources, you acknowledge and agree that Playdate Planet 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 Playdate Planet 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 the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
- Linked Accounts Playdate Planet permits you to register and log in to the Website and invite friends to join the Website via Facebook Connect. Playdate Planet is not responsible for the operation or functionality of Facebook Connect.
- Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Playdate Planet be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Playdate Planet has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Playdate Planet's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Playdate Planet for the Service during the term of membership.
- U.S. Export Controls. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Arbitration and Governing Law.
- Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Playdate Planet in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Playdate Planet any class action, class arbitration, or other representative action or proceeding.
- Notice of Rights. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Playdate Planet (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Playdate Planet (except for small-claims court actions) may be commenced only in the federal or state courts located in Rockland County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- Governing Law. This Agreement, and any dispute between you and Playdate Planet, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Indemnity by You. You agree to indemnify and hold Playdate Planet, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
- Amendments. This Agreement contains the entire agreement between you and Playdate Planet regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by Playdate Planet at any time. If you are a Member at the time of any change, this Agreement, including any Amendments, will continue to govern your membership.
Please Contact Us with any questions regarding this agreement. Playdate Planet is a registered trademark of Playdate Planet, L.L.C.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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