These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Unless otherwise stated, Playground Sessions Inc. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You must not:
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website.
You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Playground Sessions' express written consent.
Access to certain areas of this website is restricted to licensees of our proprietary software. Click here for information about licensing this software from playground sessions. Playground Sessions reserves the right to restrict access to other areas of this website, or indeed this entire website, at Playground Sessions' discretion. If Playground Sessions provides you with a user ID and password to enable you to access restricted areas of this website or other content or.
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Playground Sessions a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Playground Sessions the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Playground Sessions or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Playground Sessions reserves the right to edit or remove any material submitted to this website, or stored on Playground Sessions' servers, or hosted or published upon this website. Notwithstanding Playground Sessions' rights under these terms and conditions in relation to user content, Playground Sessions does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Playground Sessions respects the intellectual property of others. If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the "DMCA"), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html. Playground Sessions' agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: [firstname.lastname@example.org] By mail: Playground Sessions 32 Ave of the Americas, 19th Floor New York, NY 10019 We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.
You agree that you will pay for all products you purchase through the Playground Sessions site, and that Playground Sessions may charge your credit card or PayPal account for any products purchased and for any additional amounts, including fees that accrue on a monthly basis and any taxes and late fees, as applicable, that may be accrued by or in connection with your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING PLAYGROUND SESSIONS WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your information online in the account information section of our site. Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital goods are taxable. Prices for products offered via the Playground Sessions Site may change at any time.
This website is provided "as is" without any representations or warranties, express or implied. Playground Sessions makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Playground Sessions does not warrant that:
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Playground Sessions will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if Playground Sessions has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Playground Sessions’ liability in respect of any:
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Playground Sessions has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Playground Sessions officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Playground Sessions’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Playground Sessions.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer
You hereby indemnify Playground Sessions and undertake to keep Playground Sessions indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Playground Sessions to a third party in settlement of a claim or dispute on the advice of Playground Sessions legal advisers) incurred or suffered by Playground Sessions arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Without prejudice to Playground Sessions’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Playground Sessions may take such action as Playground Sessions deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Playground Sessions may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Playground Sessions may transfer, sub-contract or otherwise deal with Playground Sessions rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/ or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Playground Sessions in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.