Terms of Use

Effective  November 23, 2013

The terms of use set forth below and the policies referred to herein (collectively, the “Terms of Use”) contain the terms and conditions that apply to your use of the services (the “Services”) offered to parents and others who use the Playground Talk Site (as defined below) to enroll in classes or activities at or referenced in URL: http://www.playgroundtalk.com and https://www.activities.playgroundtalk.com, http://mirabest.com and all affiliated websites owned and operated solely by PlaygroundTalk LLC (collectively, the “Playground Talk Site”).  As used herein, “Playground Talk”, “we”, “our” or “us” refers to PlaygroundTalk LLC, its subsidiaries and affiliates and their officers, directors, members, employees, agents or representatives.  “User”, “you” or “parent” refers to you.

Acceptance of Terms of Use and Changesalk to Terms of Use

By accessing, browsing or otherwise using or operating the Playground Talk Site and/or the Services or creating an account on the Playground Talk Site, you acknowledge and agree that you have read and understand these Terms and Use and that all such access, browsing, use and operation are subject to these Terms of Use and the Playground Talk Privacy Policy.  You also acknowledge and agree that you have read and understood the Playground Talk Privacy Policy. Further, you acknowledge, agree and understand that you are entering into a legally valid and binding contract with Playground Talk.  If you do not agree to these Terms of Use, you are not licensed or permitted to use the Playground Talk Site or the Services.  All other uses of the Playground Talk Site and Services are prohibited.

These Terms of Use may be modified, in our sole discretion, from time to time.  Any modifications will be effective immediately upon posting the modified Terms of Use by Playground Talk on the Playground Talk Site and you hereby agree to any modifications. You affirm that you will review these Terms of Use periodically so you are aware of any and all modifications made hereto.  If the modified terms of these Terms of Use are not acceptable to you, your only recourse is to cease using the Playground Talk Site and the Services.

Further, when using the Services, you agree to be subject to any guideline or rules applicable to the provider of the class or activity you enrolled the applicable child in (such class or activity provider being referred to herein as, the “Provider”).

Read our full Privacy Policy here http://www.playgroundtalk.com/terms-of-use/privacypolicy/.

Permitted Users

By accessing, browsing or otherwise using or operating the Playground Talk Site and/or the Services or creating an account on the Playground Talk Site, you represent and warrant that you are 18 years old or older.  Anyone under the age of 18 years old is prohibited from registering with us or accessing or using the Playground Talk Site or Services.  By creating an account on the Playground Talk Site you further represent and warrant that you are not a convicted sex offender.

Users should monitor children’s use of the Internet. We do not assume any responsibility for any misrepresentations regarding age when using the Playground Talk Site or Services.  Should we determine that any User provided false information to us when using the Playground Talk Site or Services, the User’s membership and account may be terminated immediately in our sole discretion.

Creating an Account

In order to search for and enroll in classes and activities listed on the Playground Talk Site, you must sign up and create an account online through the Playground Talk Site.  Your account and the information you provide will be subject to the Playground Talk Privacy Policy.  When creating an account, you will be asked to create a password.  You acknowledge and agree that you will not disclose your password to any third party.  You will be solely responsible for maintaining your password and all actions, content and activities set forth in or taken under your account.  If your password has been stolen or hacked into, please immediately contact Playground Talk at [email protected].

By creating an account you can register and enroll a child in a class or activity through the Playground Talk Site. If you select to enroll a child in a class or activity, you are responsible to pay for the cost of the class and activity purchased through the Playground Tround Talk Site under your account.  We shall process payment and charge the method of payment (e.g. credit card) that you specified in your account or on the purchase page on the Playground Talk Site.  You acknowledge and agree that you are the owner and holder of the credit card for your account and/or you have permission of the holder of the credit card to use such credit card for payment on the Playground Talk Site.  Playground Talk shall have no responsibility to verify your use of or permission to use such credit card.  Further, you represent and warrant that all information, statements and content you provide or make, as applicable, when creating an account, as well as all other information, statements and content you provide or make, as applicable, are true, accurate and correct.

You hereby agree to be solely responsible for learning of and confirming all holidays and known class closings with the applicable Provider.  Playground Talk has no responsibility for informing you of any class closings or holidays.

Cancellation and Refunds

All classes and activities enrolled in through the Playground Talk Site are subject to the specific cancellation and makeup policies of the applicable Provider.  You are responsible for reviewing and understanding the cancellation and makeup policies of the applicable Provider and all other application information with respect to the class or activity and the Provider.  Further, you shall contact and directly deal with the applicable Provider with respect to the cancellation or makeup of any class or activity enrolled in through the Playground Talk Site or with respect to any refund.  Except as we may otherwise agree to in writing in limited cases, once purchased through the Playground Talk Site, classes and activities and all related charges and fees are non-refundable.  If the applicable child cannot attend a class or activity for any reason you shall not receive a refund unless otherwise agreed to by the Provider and in all cases subject to the Provider’s cancellation and refund policies.  If a Provider has to cancel or reschedule a class or activity for any reason, in its sole discretion, you and the Provider will deal with each other directly, not involving KCS, with respect to a refund or a makeup.  Playground Talk shall have no responsibility or liability to you or any third party if a Provider cancels or reschedules a class or activity.

Content

Playground Talk Ownership and Playground Talk Content

All software used on the Playground Talk Site is the property of Playground Talk or its software suppliers and protected by United States and international copyright laws and other applicable laws.  We also own the Playground Talk Site, the trademarks, service marks and domain names displayed on the Playground Talk Site (unless otherwise noted), whether registered or unregistered, and all text, logos, photographs, graphics, images, music, software, audio, video, location data, information or other materials, and all other forms of data or communication (other than your Content (as defined below) and any other Content supplied to us by third parties) (collectively, the “Playground Talk Content”) and the Playground Talk Content is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, Playground Talk and its licensors exclusively own all right, title and interest in and to the Playground Talk Site and in the Playground Talk Content, including all associated intellectual property rights. You represent and warrant that you will not remove, alter, conceal or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Playg round Talk Site nor shall you use, sell, transfer, reproduce, download, distribute, publicly display, edit, publish, copy, print, license or create derivative works from any of the Playground Talk Content without the prior written consent of Playground Talk.

User Content

Playground Talk may permit, in our sole and absolute discretion, you to post, submit, upload, send or transmit Content to, through, on or in connection with the Playground Talk Site or the Services.  By making available any Content through the Playground Talk Site, you automatically grant (and represent and warrant that you have the right to grant) to Playground Talk and its affiliates and successors, a worldwide, irrevocable, perpetual, non-exclusive, fully paid, transferable, royalty-free license, with the right to sublicense, publicly display, reproduce, reformat, use, copy, adapt, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on or by means of the Playground Talk Site. Playground Talk does not claim any ownership rights in any such Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any such Content.   You also irrevocably grant other users of the Playground Talk Site the right to access, display, view and store your Content on through Playground Talk Site. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution against Playground Talk  and the users of the Playground Talk Site with respect to your Content. You also represent and warrant that public posting and use of your Content by Playground Talk will not infringe or violate the rights of any third party or, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.  Further, you agree that Playground Talk has not and will not endorse any of your Content nor will you represent (whether expressly or implied) that Playground Talk has endorsed your Content.  You understand that all Content and submissions thereof on the Playground Talk Site are the sole responsibility of you as a User and owner of an account on the Playground Talk Site and therefore you, and not Playground Talk, shall bear all responsibility for your Content and all consequences and liability that may arise therefrom.

Playground Talk reserves its right to remove, edit, or modify any of your Content on the Playground Talk Site or refuse you access to the Playground Talk Site for any reason, in our sole discretion, at any time with or without notice.  Before posting, uploading, submitting, sending or transmitting any Content we strongly recommend that you carefully consider the Content before doing so.

Further, you acknowledge and understand that you may be exposed to Content of other users and Providers that may be offensive, inappropriate, and inaccurate and that violates the Playground Talk policies and applicable law.  You hereby waive any rights and remedies you have or may have against Playground Talk with respect to such Content.  Playground Talk bears no responsibility and assumes no liability for any submissions and content of users and Providers, including, without limitation, Content in violation of the Playground Talk policies and Content in violation of laws.

Services

Playground Talk may from time to time add new services to the Services, modify the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services.   We will provide information about the new services on the Playground Talk Site, and the users of new services will be governed by these Terms of Use.  You acknowledge and agree that Playground Talk will not be liable to you or any third party for any modification, suspension or discontinuation of any of the Services.

Prohibited Uses, Conduct and Content

You shall be liable for any illegal or unlawful use of the Playground Talk Site or the Services or any use of the Playground Talk Site or the Services prohibited by these Terms of Use.  By accessing the Playground Talk Site and using the Services you agree to comply with all applicable laws.

You agree not to, and will not permit, enable, assist or cause any other individual or entity through your account to:

  • Post, submit, upload, send or transmit any text, images, photos, video, audio, location data, graphics, logos, information, reviews and all other forms of communication or data (collectively, “Content”) that contains (a) vulgar, defamatory or offensive language (including, without limitation, any Content that promotes racism, discrimination, hatred, bigotry, hatred or harm of any kind against any other person or group), (b) Content that is fraudulent, false or misleading, (c) Content that is harassing or threatening to any other person or (d) Content that violates any applicable law, statute or regulation.
  • Post, submit, upload, send or transmit any Content that could be harmful to minors.
  • Post, submit, upload, send or transmit any Content that promotes illegal activities.
  • Make unsolicited offers, advertisements or promotions or transmit “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
  • Upload material or software (including, without limitation, any virus) that is damaging to computer systems or data of Playground Talk or any user of the Playground Talk Site.
  • Post, submit, upload, send or transmit any Content that infringes on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or any other Content that you do not have the legal right to post, submit, upload, send, transmit or other distribute to others.
  • Post, submit, upload, send or transmit any Content that is pornographic or sexually explicit or otherwise inappropriate in nature.
  • Solicit or share passwords or personal information.
  • Impersonate another person or entity or access another user’s account without such user’s prior consent nor send false source-identifying information.
  • Violate these Terms of Use.
  • Use the Playground Talk Site that could damage or impair another party’s or entity’s use of and access to the Playground Talk Site.
  • Attempt to gain unauthorized access to the Playground Talk Site or interfere with, modify, or restrict in any manner or form any features of the Playground Talk Site or the Playground Talk Site itself.
  • Attempt to breach any security or authorization measures of the Playground Talk Site.
  • Attempt to scrape, retrieve, or use other automated means (including any robot, scraper or spider) to access the KCS Site, the Services or any Playground Talk Content.
  • Use or display any of the Playground Talk Content without the prior written consent of Playground Talk.
  • Engage in commercial activities and/or sales without the prior written consent of Playground Talk including, without limitation, engaging in any advertising, and pyramid schemes.

You acknowledge and agree that Playground Talk has no responsibility to monitor your actions or Content or your use of the Playground Talk Site and Services, but Playground Talk has the right to do so to ensure you are complying with these Terms of Use and applicable law.  Playground Talk shall have the right to investigate and prosecute any violations of these Terms of Use or applicable law.  If you violate these Terms of Use or the law or perform any actions or access the Playground Talk Site in a manner that Playground Talk deems inappropriate or objectionable in its sole discretion, Playground Tak shall have the right to immediately terminate, without prior notice or without your prior consent, your account and your access to the Playground Talk Site and the Services

Reviews and Feedback

Playground Talk may solicit feedback and reviews from you and other users who use the Playground Talk Site.  In our sole and absolute discretion, we may remove your or any other user’s feedback or review.  Playground Talk shall have no liability to you and you hereby release Playground Talk, its subsidiaries, affiliates, any related companies, joint ventures, and partners, and the officers, directors, members, employees, agents and representatives of each of them from any and all claims, damages and liabilities in respect of any feedback or review.  In addition, we encourage feedback and suggestions from you with respect to the Playground Talk Site and the Services.  Please contact us at [email protected] if you have any recommendations, suggestions or feedback.

Term and Termination

These Terms of Use will be effective and in full force as of the earliest of the date on which you begin using the Playground Talk Site or the Services, the date on which you create an account on the Playground Talk Site or the date on which you accept these Terms of Use by electronically accepting these Terms of Use.

You hereby acknowledge and agree that Playground Talk may, in its sole discretion, discontinue providing the Services or access to the Playground Talk Site, at any time, with or without notice to you; if Playground Talk discontinues the Services or the Playground Talk Site, such will result in an automatic termination of your account.  You acknowledge and agree that Playground Talk shall have no liability to you or any third party for any discontinuance described in this paragraph.

Playground Talk reserves the right to terminate any and all accounts you have created on the Playground Talk Site and revoke, with or without case, your access to the Playground Talk Site or your use of the Playground Talk Site or the Services at any time (with or without notice to you).  You acknowledge and agree that Playground Talk shall have no liability to you or any third party for any terminated described in this paragraph.

You may terminate or cancel your account at any time by emailing us at [email protected].   Any suspension, termination or cancellation will not affect your obligations to Playground Talk under these Terms of Use, which are intended to survive such suspension, termination or cancellation.

After any termination by you or Playground Talk, you acknowledge and agree that Playground Talk shall have no further obligation to provide access to you of the Playground Talk Site or the Services. Upon termination, all licenses and other rights granted to you by Playground Talk will immediately cease. Playground Talk is not liable to you or any third party for termination of the Playground Talk Site or the Services or of your use of the Playground Talk Site or the Services.

Provider and other Third-Party Sites and Services

The Playground Talk Site may include links to other websites, information, services and products of other persons and entities.  Such links are provided solely for your convenience and for informational purposes.  Playground Talk does not endorse or promote any such links or websites, information, services or products nor does Playground Talk  make any warranties (express or implied) with respect to such links, websites, information, services or products.  By clicking on and accessing such links you agree that you are accessing such links solely at your own risk. Playground Talk shall have no liability for the accuracy of such links (including any information on the applicable websites), the content on such websites, or the availability of such websites, information, services or products.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE PLAYGROUND TALK SITE, SERVICES AND THE PLAYGROUND TALK CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLAYGROUND TALK AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

PLAYGROUND TALK DOES NOT REPRESENT OR WARRANT AS TO THE QUALITY OF ANY PRODUCTS OR SERVICES RECEIVED IN CONNECTION WITH YOUR USE OF THE PLAYGROUND TALK SITE AND SERVICES, INFORMATION OR CONTENT PROVIDED BY OR OBTAINED THROUGH THE KCS SITE OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY PLAYGROUND TALK CONTENT, OR INFORMATION OBTAINED THROUGH THE KCS SITE OR SERVICES, INCLUDING INFORMATION PROVIDED BY A PURCHASER OR A PROVIDER. PLAYGROUND TALK DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE PLAYGROUND TALK SITE AND IN THE PLAYGROUND TALK CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE PLAYGROUND TALK SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  PLAYGROUND TALK ALSO MAKES NO WARRANTY THAT THE PLAYGROUND TALK SITE, SERVICES OR PLAYGROUND TALK CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON A SECURE BASIS. PLAYGROUND TALK DOES NOT GUARANTEE THAT YOU WILL BE ABLE ACCESS OR USE THE PLAYGROUND TALK SITE OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KCS OR THROUGH THE KCS SITE, SERVICES, OR PLAYGROUND TALK CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  PLAYGROUND TALK SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE CANCELLATION OR RESCHEDULING OF ANY CLASS OR ACTIVITY BOOKED THROUGH THE PLAYGROUND TALK SITE BY ANY PURCHASER.

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 PLAYGROUND TALK SITE, SERVICES AND KCS CONTENT REMAINS WITH YOU. UNDER NO CIRCUMSTANCES WILL KCS, ITS AFFILIATES OR ITS SUBSIDIARIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES OR ANY OTHER LOSS OR INJURY THAT RESULTS FROM, ARISING OUT OF OR IN CONNECTION WITH USE, OR THE ABILITY TO USE, OF THE PLAYGROUND TALK SITE, THE SERVICES OR PLAYGROUND TALK CONTENT, EVEN IF PLAYGROUND TALK OR ANY AUTHORIZED REPRESENTATIVE OF PLAYGROUND TALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL KCS OR ITS AFFILIATES OR ITS SUBSIDIARIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OR ANY THIRD-PARTY PARTNERS OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE PLAYGROUND TALK SITE, SERVICES OR PLAYGROUND TALK CONTENT (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE).

Indemnification and Release

You hereby acknowledge and agree that you will defend, release, indemnify and hold Playground Talk, its subsidiaries, affiliates, any related companies, joint ventures, and partners, and the officers, directors, members, employees, agents and representatives of each of them harmless from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, all legal fees and expenses, arising out of or resulting from (i) your access to or use of the Playground Talk Site, Services or Playground Talk Content; (ii) your Content; (iii) your or the applicable child’s interaction and relationship with a Purchaser; (iv) your breach or violation of these Terms of Use; or (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

In the event that you have a dispute with a Purchaser, you release Playground Talk (and our officers, directors, members, agents, parent, subsidiaries, joint ventures, related companies, agents, representatives and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Notices and Communications

Any notices or other communications permitted or required under these Terms of Use or otherwise will be made in writing via email.  All notices and communications sent to Playground Talk shall be sent to [email protected]. All notices and communications sent to you shall be sent to your email address set forth in your account set up on the Playground Talk Site.  You hereby agree to provide immediate written notice to Playground Talk of any change in your email address.  For notices and communications sent by email, the date of receipt of such notice or communication shall be deemed the date on which such notice or communication is transmitted, or if such date is a non-business day, on the immediately succeeding business day.

Assignment

You may not assign or transfer these Terms of Use, your rights and obligations under these Terms of Use or your account, without the prior written consent of Playground Talk.  Any assignment or transfer by you without the prior written consent of Playground Talk shall be null and void.  Playground Talk shall have the right to assign or transfer these Terms of Use without restriction. These Terms of Use shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

Governing Law; Dispute Resolution

These Terms of Use and any claim, controversy, dispute or cause of action (whether in contract or tort or otherwise) based upon, arising out of or relating to these Terms of Use and the transactions contemplated hereby and thereby shall be governed by, and construed in accordance with, the laws of the State of New Jersey.

You consent to personal jurisdiction, and agree to bring all actions, exclusively in state and federal courts located in New Jersey. Notwithstanding anything to the contrary contained in this section “Governing Law/Dispute Resolution”, in the event you bring a lawsuit seeking damages (other than those damages available in the small claims division of the Civil Courts of the state of New Jersey), you shall submit your dispute to be resolved by binding arbitration with three arbitrators pursuant to the rules of the American Arbitration Association. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Severability

If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

No Waiver; Cumulative Remedies

No failure to exercise and no delay in exercising, on the part of the Playground Talk, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

No Agency

Neither party shall be deemed to be, or represent the other party as, an employee, agent, or subcontractor of the other party.  Neither party will represent that it has any authority to assume or create any obligation, whether express or implied, on behalf of the other party.

Contacting Playground Talk

To the extent you have any questions or would like to contact Playground Talk regarding these Terms of Use, please contact Playground Talk at [email protected] using the subject line “Terms of Use Question”.

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