Terms and Conditions

 

Playdate Planet

Terms of Use Agreement

 

Last updated on May 1, 2015

 

Welcome to PlaydatePlanet.com, the service for parents to create and schedule playdates online, operated by Playdate Planet, L.L.C. (“Playdate Planet”). By using the Playdate Planet Website and/or the Facebook Application and/or a Playdate Planet Mobile Application, (collectively, the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member of Playdate Planet (“Member”) or make use of the Playdate Planet Service (the “Service”). Do not use the Website or the Service if you object to anything in this Agreement.  When you become a Member, use the Website, or use the Service you are also subject to our Privacy Policy. Do not become a Member, use the Website, or use the Service if you object to anything in our Privacy Policy. 

 

1.         Acceptance of Terms of Use Agreement.

 

1.1.      Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement includes Playdate Planet's Privacy Policy and any notices regarding the Website. By accessing the Website you accept this Agreement and agree to all of the terms, conditions, and notices contained or referenced in the Agreement.

 

1.2.      Updates to the Agreement. Playdate Planet reserves the right to update and change this Agreement at any time without notice. Any changes will be effective upon posting by Playdate Planet on the Website.

 

1.3.      Enforcement of the Agreement. The failure of Playdate Planet to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of any right or provision.

 

            1.4.      Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.

           

2.         Membership.

 

            2.1.      Features and Services. As a Member, you have the ability to participate in all of the current features and services available within the Service.

 

            2.2.      Eligibility to Become a Member. In order to register as a member of Playdate Planet or to use the Website, you must be at least eighteen (18) years of age and the parent or guardian of a child under the age of sixteen (16) or be an authorized representative of a business or organization that offers public activities for children. Membership in the Service is void where prohibited.

 

            2.3.      Membership Cost.  Right now, it is free to become a Member of the Service. However, Playdate Planet reserves the right to require a membership fee in the future. In the event Playdate Planet requires a membership fee, you will receive notice and you will have the option to pay the fee or terminate your membership.

 

            2.4.      Termination of Membership.  Your membership may be terminated by you or by Playdate Planet as described below:

 

          2.4.1.     Termination by You. You may terminate your membership at any time, for any reason, in the following ways:

 

                                    (a) by deleting your account information, or

 

                                    (b) by contacting us online via the Website

 

If you terminate your membership, you may be asked to provide a reason for your termination so that Playdate Planet can improve the Service.

 

                      2.4.2.     Termination by Playdate Planet. Playdate Planet may terminate your membership by sending notice to you at the email address you provide to Playdate Planet. All decisions regarding the termination of accounts will 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 to disclose a reason for the termination of your account. After your membership is terminated, some terms may survive termination of this Agreement.

 

3.         Illegal or Unauthorized Use. Illegal or unauthorized uses of the Website or the Service may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

 

4.         Account Security. You are responsible for maintaining the confidentiality of your passwords associated with the Website, and you are fully responsible for all activities that occur under your email address and password. You agree to immediately notify Playdate Planet of any unauthorized use of your email address or password or any other breach of security. 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. Playdate Planet will not be liable for your failure to comply with this Section 4 pursuant to Section 17 of this Agreement.

 

5.         Your Interactions with Other Members. You agree and understand that you are solely responsible for your interactions with other Members and for ensuring the safety and wellbeing of your child or children. You understand and agree to the following:

 

5.1.      Playdate Planet does not conduct criminal background checks on its Members.

 

5.2.      Playdate Planet does not conduct safety reviews of Members’ homes or other playdate locations.

 

5.3.      Playdate Planet does not verify the information provided by its Members.

 

5.4.      Playdate Planet makes no representations or warranties as to the conduct of their Members or as to a Member’s appropriateness as a caretaker for a child.

 

5.5.      You will take reasonable precautions in all interactions with other Members of the service, especially to ensure that a Member and his or her home is safe and appropriate for your child.

 

            5.6.      Playdate Planet will not be liable for your failure to comply with this Section 5 pursuant to Section 17 of this Agreement.

 

6.         Content on Playdate Planet.

 

6.1.      Proprietary Rights. Playdate Planet owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted and copyrightable material, trademarks, patented information, and other proprietary information of Playdate Planet, and its licensors. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information unless Playdate Planet gives you written permission.

 

            6.2.      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. Playdate Planet will not be liable under this Section 6.2 pursuant to Section 17 of this Agreement.

 

      6.3.      Content Posted by You. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You agree and understand to the follow:

 

6.3.1.               You grant 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.

 

6.3.2.               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).

 

                        6.3.3.               You will not 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.

 

6.3.4.               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, then you will promptly update or modify such information.

 

                        6.3.5.               You will 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.

 

                        6.3.6.              You will not impersonate any person or entity.

 

6.3.7.               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.

 

6.3.8.               Playdate Planet reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this Section 6, including, and without limitation, removing the offending communication from the Service and terminating the membership of such violator.

 

7.         Prohibited Activities. 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. Playdate Planet reserves the right to investigate and to terminate your membership if you misuse the Service, or behave in a way that could be regarded as inappropriate or that is unlawful or illegal. You understand and agree to the following;

               

                7.1.              You will not express or imply that any statements you make are endorsed by Playdate Planet without our specific prior written consent.

 

                7.2.              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.

 

                7.3.              You will not violate the “Copyright Policy” set forth in Section 11 of this Agreement.

 

                7.4.              You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.

 

    7.5.              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.

 

    7.6.              You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.

 

                7.7.              You will not “frame” or “mirror” any part of the Service or the Website, without Playdate Planet's prior written authorization. You also will 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.

 

                7.8.              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.

 

8.         Customer Service.Playdate Planet may provide assistance and guidance through its customer care department. Our representatives will communicate with you in an appropriate and conscientious manner, and we expect you to do the same. If we feel that you are communicating with our customer care department inappropriately, then we reserve the right to terminate your membership. 

 

9.         Modifications to the 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. Playdate Planet will not be liable for any modifications to the Service pursuant to Section 17 of this Agreement.

 

10.       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.

 

11.       Copyright Policy.  

           

            11.1.    You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, patented information, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

 

            11.2.    You will not remove any copyright, trademarks, patented information, or other proprietary information contained on the Website or in the Service.

 

            11.3.    Without limiting the previous subsections of this Section 11, 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, 2115 Clifton Avenue, Bexley OH 43209.,

 

12.       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 posted content on the Website.

 

13.       Privacy and Communications. Use of the Website and the Service is also governed by our Privacy Policy.

 

14.       Disclaimers.

 

            14.1.    Playdate Planet is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.

 

            14.2.    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.

 

            14.3.    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.

 

            14.4.    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.

 

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