PLAYGROUND DETROIT LLC TERMS OF SERVICE
ACCEPTANCE OF TERMS
This Agreement governs all use by you of (a) the Playground Detroit website, www.playgrounddetroit.com (the “Site”) and (b) any and all services available on or through the Site or otherwise provided by Playground Detroit (collectively, the “Services”). The Services are owned and operated by Playground Detroit LLC. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Playground Detroit.
BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SERVICES.
Playground Detroit reserves the right to modify this Agreement at any time. Although Playground Detroit may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version. Your continued use of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
USE OF THE SERVICES
Playground Detroit hereby grants you a non-exclusive, non-transferable right to access the Site and use the Services solely to provide you with information about our company, to inform you about artists, to permit you to place orders for products and services presented on the Site, and to enable you to contact us with any questions or comments that you may have, in compliance with this Agreement.
Please see our refund policy at www.playgrounddetroit.com/refunds.
YOUR REGISTRATION OBLIGATIONS
In order to access some of the Services, you must register with the Site. To be a registered user of the Services, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site registration form. You must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.
ACCOUNT, PASSWORD AND SECURITY
As part of the registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. Playground Detroit cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Playground Detroit shall be the sole arbiter of such dispute in its sole discretion and that Playground Detroit’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Playground Detroit in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Playground Detroit may own the Site Content or portions of the Site Content may be made available to Playground Detroit through arrangements with third parties. Except as expressly authorized by Playground Detroit in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content that do, or post any Site Content on any other web site or in a networked computer environment for any purpose.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you may send us a DMCA-compliant notice requesting that the Content be removed, or access to it blocked. Notices and counter notices with respect to the Services should be sent to [email protected]
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services. You agree not to use the Services to:
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
- impersonate any person or entity, including, but not limited to, a Playground Detroit representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content 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 or to otherwise interact with the Services in a manner not permitted by this Agreement or expressly authorized by Playground Detroit;
- intentionally or unintentionally violate any applicable law or regulation (foreign or domestic).
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Playground Detroit, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because Playground Detroit has no control over such websites and resources, you acknowledge and agree that Playground Detroit is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Playground Detroit shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. PLAYGROUND DETROIT LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL PLAYGROUND DETROIT LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
The Services may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Services. Notices to you may be made via either email or regular mail to the address in Playground Detroit’s records. Any notice from you to us shall be sent in writing to our mailing address at Playground Detroit LLC, 1535 6th Street, Suite 5B, Detroit MI 48226
This Agreement constitutes the entire agreement between you and Playground Detroit and governs your use of the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party software or the Services in a manner other than as governed by this Agreement.
Choice of Law.
This Agreement and the provision of the Services to you are governed by the laws of the state of Michigan.
Any controversy or claim arising out of or relating to this Agreement or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Detroit, Michigan, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and Playground Detroit agree to submit to the personal jurisdiction of the courts located within the city and county of Detroit, Michigan. Either you or Playground Detroit may seek any interim or preliminary relief from a court of competent jurisdiction in Detroit, Michigan, necessary to protect the rights or property of you or Playground Detroit (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
Waiver; Invalid Provisions.
The failure or delay of Playground Detroit to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
Please report any violations of this Agreement by email [email protected]