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TERMS OF USE

Welcome to PlayMazing’s Web Site, PlayMazing.com (the “Site”). We call the services available on the Site the “Services.”

Like all online services, we need to have Terms of Use (“Terms”). Please read these Terms carefully, and contact us if you have any questions. By accessing the Site or using the Services, you agree to be bound by these Terms and by our Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, registered users, and others who access the Service (“Users”).

USING PLAYMAZING.COM

Who can use the PlayMazing Website? 

You may use the Service only if you can form a binding contract with PlayMazing, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under the age of 13 is strictly prohibited. Because we respect the PlayMazing community, the Services are not available to any Users previously removed from the Site by PlayMazing.

PlayMazing Accounts. 

Creating an account with PlayMazing gives you access to the Services in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to PlayMazing with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy.

Terminating Your Account.

You may close your account at any time by contacting us by email. We may permanently or temporarily terminate or suspend your User account or access to the Services for any reason, without notice or liability to you, including if in our sole determination you violate any provision of our Privacy Policy or these Terms, or for no reason. Upon termination of your use of the Service, you continue to be bound by these Terms. For information about how your User Content will be handled after any termination of your account, please see the “How long we keep your content” section below.

Your Responsibility For Your Account

When you create your PlayMazing account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify PlayMazing of any compromise of your credentials you become aware of and any unauthorized use of your account.

Changes to the Service

Here at PlayMazing, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.

PLAYMAZING CONTENT

PlayMazing Content.

The Services, all content and other subject matter included on or within the Services, and all Intellectual Property Rights in or related to the Services or any such content or other subject matter (“PlayMazing Content”) are the property of PlayMazing and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the PlayMazing Content without our permission.

Privacy and Security

We care about the privacy and security of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your Personally Identifiable Information collected, used, transferred to and processed in the United States. While we work to protect the security of your content and account, PlayMazing cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

Third-party Links, Sites and Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by PlayMazing. PlayMazing does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Service, you do so at your own risk and you agree that PlayMazing will have no liability arising from your use of or access to any third-party website, service, or content.

Indemnity

You agree to indemnify and hold harmless PlayMazing and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or PlayMazing Content, or (ii) your breach of any of these Terms.

Disclaimers

THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PLAYMAZING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, PLAYMAZING CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER PLAYMAZING NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, PLAYMAZING CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLAYMAZING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL PLAYMAZING’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, MANAGERS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR PLAYMAZING CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLAYMAZING AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

The Services are controlled and operated from its facilities in the United States. PlayMazing makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.

GOVERNING LAW

You agree that: (i) the Services shall be deemed solely based in Texas; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over PlayMazing, either specific or general, in jurisdictions other than Texas. These Terms shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Travis County, Texas or the United States District Court for the Western District of Texas – Austin Division, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.

GRNERAL TERMS

Notification Procedures and Changes to these Terms. 

PlayMazing may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by PlayMazing in our sole discretion. PlayMazing reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. PlayMazing may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or to any future Terms, do not use or access (or continue to access) the Service. PlayMazing is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PlayMazing without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement; Severability

These Terms, together with any amendments and any additional agreements you may enter into with PlayMazing in connection with the Service, shall constitute the entire agreement between you and PlayMazing concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

No Waiver. 

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and PlayMazing’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact

Indoor Play LLC, owner and operator of PlayMazing, please contact us with any questions regarding these Terms at info@indoorplayllc.com. You can also contact us at “Legal Terms” Indoor Play LLC, 13450 N. Hwy 183, Suite 107,  Austin, TX 78750 | USA 

Effective Date and Future Changes

These Terms are effective as of December 2, 2019.  We may occasionally change these Terms.  If we do, we will post the changes on the Site and the changes will take effect as soon as posted.  You should check back at our Site periodically for changes and updates to these Terms.