Welcome to PlayMazing’s Web Site, PlayMazing.com (the “Site”). We call the services available on the Site the “Services.”
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.
Terminating Your Account.
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.
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
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.
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.
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.
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.
Notification Procedures and Changes to these Terms.
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 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.
Indoor Play LLC, owner and operator of PlayMazing, please contact us with any questions regarding these Terms at firstname.lastname@example.org. 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.