Acceptance of Terms Through Use
You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. The software on this Site is the property of Playrific® and is protected by U.S. and international copyright laws.
Members may post, upload, publish, submit or transmit text, graphics, images, music, software, audio, video, information or other materials to be made available through the Site and Services ("User Content").
Representations By You
By visiting the Site, you represent, warrant and covenant that: (a) you are at least 18 years old; (b) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not, as mentioned above, plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights, (c) that, upon activation, you consent to your child's use of the Playground.
Eligibility and Account Registation
In order to use the Services, you are required to register to create an account ("Account") To create an account, you must be at least 18 years old. Any registration by anyone under 18 is void. By completing the registration process to create an Account, you represent and warrant that you are 18 or older.
During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Playrific® reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Playrific® of any unauthorized use of your Account.
By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of Playrific®'s, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify firstname.lastname@example.org of any potential unauthorized use(s) of your account, or breach of security.
You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that Playrific® in its sole discretion deems offensive.
You also represent and warrant that during the registration process: (i) you agree to receive Playrific® account information, membership updates, product updates, receipts and promotions via e-mail. Playrific® does not share or sell any personal information with third parties. Accounts and Memberships Playrific® offers a free 30-day trial period (no fees) and the option to continue using the Services with a paying membership. You may change your account options at any time by clicking on "Billing Info" from any page that contains this link.
If you are dissatisfied with the Services for any reason during the 30-day trial period, you may cancel your Account without any further liability, as long as we receive written notice from you of your wish to cancel within no more than 30 days from the date the Account is first activated. When you subscribe, you will be required to provide customary billing information such as name, billing address, and payment information and select a subscription plan.
You agree to pay the applicable fees and any taxes and other fees that may accrue in relation to your use of the Site and Services, if any, and any Paid Features you may elect. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
Termination & Account Cancellation
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.
No Commercial Use.
This Site may not be used by you for any commercial purposes, including but not limited to, conducting sales of merchandise or services of any kind. You must obtain Playrific®'s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Playrific® will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
Links to Third Parties
The Site contains links to sites operated by third parties throughout the World Wide Web. Playrific® has no control over these sites or the content within them. Playrific® does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. Playrific® does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. By using the Site to access another site, you agree and understand that you may not make any claim against Playrific® for any damages or losses, whatsoever, resulting from your use of the Site to access another site. If you have a problem with a link from the Site, you may notify us at email@example.com.
Any other trademarks or service marks mentioned on the Site are the trademarks of their respective owners. References on the Site to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by the Company. Moreover, such third parties do not endorse, sponsor, and are not affiliated with the Company. This site is not endorsed by or affiliated with and of the brands whose content is listed in our library of links. Trademarks are the property of their respective owners. This website is not affiliated with, maintained, authorized, endorsed or sponsored by any of the companies listed in our library of links including the Disney, Nickelodeon, Warner Brothers, PBS, WGBH, Starfall, Mattel, Hasbro, or any of their affiliates and any others referred to in the site. These brands and attraction names are trademarks or registered trademarks of the respective companies.
Playrific® respects copyright law and expects its users to do the same. Playrific® has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Playrific® will respond expeditiously to claims of copyright infringement committed using the Services and/or the Site that are reported to Playrific® Designated Copyright Agent. If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Playrific®'s Designated Copyright Agent. Upon receipt of Notice as described below, Playrific® will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site. If you are notifying Playrific® of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. Section 512: 1.A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works; 2.A description of the allegedly infringing material and information sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on theSite where such material may be found; 3.Information reasonably sufficient to permit us to contact you, such as mailing address, telephone number, and/or and, if available, email address; 4.Both of the following statements in the body of the Notice: - "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)." - "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." 5.Your full legal name and your electronic or physical signature. Designated Agent for Notification of Claimed Copyright Infringement NAME: Beth Marcus ADDRESS: 7 Esquire Road, North Billerica, MA 01862 EMAIL: mailto:firstname.lastname@example.org PHONE: 781-205-9571 DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "WEBSITE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER PLAYRIFIC®, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL PLAYRIFIC®, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold Playrific®, and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Refund & Cancellation Policy
When and if applicable, you will pay all fees or charges to your account based on Playrific®'s fees, charges, and billing terms in effect as shown under My Account at www.playrific.com/subscribers. You are responsible for paying any taxes that may apply. If you do not pay on time or if Playrific® cannot charge your credit card, PayPal or other payment method for any reason, Playrific® reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. If you cancel your account at any time, you will not receive any refund.
By using the Site and/or the Services, you consent to receiving electronic communications from Playrific®. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services. These electronic communications are part of your relationship with Playrific®. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Playrific® makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their content is illegal is prohibited.
You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations. No software from the Website may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services 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, or (iii) to anyone on the U.S. Department of Commerce's Bureau of Industry and Security Entities List as published in the Export Administration Regulations. By downloading any software related to the Website, 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.
Choice of Law
Integration & Severability
Pricing Terms & Conditions
Playrific® accepts credit cards and will automatically charge your credit card monthly, annually, or at some other frequency that corresponds to the plan selected depending upon which Membership Account you select. If any fee is not paid in a timely manner, or Playrific® is unable to process your transaction using the credit card information provided, Playrific® reserves the right to revoke access to your Account. If you do not bring your Playrific® balance current within five (5) days after Playrific® provides you with notification that your Account is in arrears, Playrific® reserves the right to revoke access to your Account.
The fees for your Membership Account will be billed from the date you register and on each monthly or annual renewal thereafter unless and until you cancel your Account. Playrific® will automatically bill your credit card each month on the calendar day corresponding to the commencement of your Membership Account. In the event your Membership Account began on a day not contained in a given month or year, Playrific® will bill your credit card on the last day of such month or year. For example, if your Membership Account began on January 31st, February 28th is the next time your credit card would be billed. You acknowledge that the amount billed each month may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your Account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. Playrific® may also periodically authorize your credit card in anticipation of Membership Account or related charges. Should you elect to upgrade your membership, you will be billed for the difference in cost between the Accounts at that time and the benefits of your new Membership Account will be effective immediately. Downgrades to Membership Accounts will also take place immediately. Playrific® does not provide refunds or credits for any partial months. The new fee associated with your Membership Account will not be effective until your next commencement date. Playrific® may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your "My Account" page. If your credit card reaches its expiration date, your continued use of the Playrific® constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Cancelling Your Account
Your Playrific® Membership Account will continue in effect unless and until you cancel your Membership Account or we terminate it. You must cancel your Membership Account before it renews in order to avoid the billing of the next cycle's fees to your credit card. Playrific® will bill the monthly or yearly fees associated with your Membership Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your Account information). Playrific® Membership Accounts are prepaid. You may cancel your Playrific® Membership Account at anytime, and cancellation will be effective immediately. If you wish to cancel your Membership Account you may do so via your "My Account" page. Should you elect to cancel your Membership Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly or annual fees.
By signing up for a Playrific® Membership Account and providing Playrific® with your payment account information, you hereby agree to these payment terms and conditions. For further information regarding your Playrific® Membership Account, please see the Playrific® Terms of Service at www.playrific.com/terms