Last edited: December 12, 2018
Hi there! High five for being proactive.
This stuff is usually confusing or misleading, so we want to break things down for you.
At Playground, we don’t just believe in “privacy”. We believe your data should actually stay private - unless you choose otherwise.
To be transparent, our goal is to get to know you well enough so that we can actually be useful to you. But what data we share and how we share it -- is up to YOU.
Before we get into it, here’s a little legal primer:
(Phew! What a mouthful). Where were we...
This policy will cover:
It won’t cover:
Now. If you don’t need a quick coffee break or a nap (sorry! not sorry), keep reading.
At Playground, our mission is to help you find instant community, anywhere. It’s a tall order that requires some of your data so we can suggest personalized content and make shortcuts for you. The benefits include:
Like we said, Playground isn’t a playground unless we learn about you, your passions, and your interests. And when we collect different types of information on you, it’s to serve you a better experience. Here’s what we’ll know:
Besides the information you enter, automatic data collection technologies can also gather information about you while you use Playground, such as your equipment, browsing actions, and patterns. Specifically:
Crazy, right? But don’t worry.
Anytime data is automatically collected, it’s statistical and won’t be linked to you, or any individual, personally. If we do match any aggregate data with your personal information, we’ll get your permission first. This helps us:
Since we’re always want to improve, we’ll also use aggregate data for ourselves to understand our audience size and usage patterns.
Now that you know what we know you know we know...who will we share this with? It’s simple:
Let us explain. Third parties (including advertisers, ad networks, content and application providers) love to buy ads on platforms like Playground. That’s because we help them understand who they should sell ads to. Event organizers and venues love doing this too, because we can promote their event to certain demographics based on a person’s preferences, schedules, and other habits.
On the flip side, we can also work with third parties and advertisers to get information about you and your activities on and off of Playground. For example: an advertiser might let us know if you bought something from them (this in turn, helps us work with similar advertisers that could be relevant to you).
Want to opt out of targeted ads completely? Keep reading.
You have the power in choosing what personal information you share with us. Here are some ways to take control:
Aggregate data is statistical, and completely different than personal data that identifies you. Like most companies, we have the right to disclose aggregate information about our all users without restriction.
By using Playground, you agree to share your personal data in these instances:
If you want to see or change your personal info, just log into the app and visit your personal profile. If want to delete your personal information completely: A/ We’ll miss you. and B/ You’ll have to delete your entire user account.
It’s on us to protect your personal information from loss and theft, and we take this super seriously. But you should still be smart about your own security and keep your password confidential. (A-thank youuu).
The tech scene changes fast, so our policy might change too. We’ll tell you if and when that happens through email, but it’s always a good idea to check the date at the top of this page and make sure you’re familiar with the latest.
Now…(finally!). Let’s get off our screens. And go play.
Have fun and we’ll see you out there,
The Playground Team
Playground NY, Inc. Terms of Service
Last updated on July 30, 2018
Playground NY, Inc. ("Playground NY") provides software as a service through a website portal or mobile application (either a “Site,” the mobile application the “App”) for you, the user (“You”), to give you the opportunity to find social, cultural, entertainment and other events while connecting with others in your community that are attending the same or similar events as you. All products and services described in this Section, as well as any other products and services offered by Playground NY at any time shall be defined herein as “Service” or “Services.” In order to use the Service, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service (the "Agreement"). This Agreement may be modified by Playground NY from time to time at our sole discretion, and you may be notified as set forth below. We strongly recommend that, as you read this Agreement, you also access and read the linked information. By accepting this Agreement, you also agree that your use of some Playground NY-branded websites or other websites that we operate may be governed by separate terms and conditions, agreements and privacy policies. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. PLAYGROUND NY SERVICE
The Playground NY Services allow you to discover social, cultural, entertainment or other events in your community and physically near you. The Services also allow you to connect and interact with other users of the Services who are attending the same or similar events as you. The Services may also permit you to make a reservation, book attendance, purchase a ticket or let the event know that you are interested or will be attending.
2. REGISTRATION AND ACCOUNT
Account Creation. In order to use certain features of the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. Playground NY may suspend or terminate your Account in accordance with the Term and Termination Section.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Playground NY of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Playground NY cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. MINIMUM AGE
You must be 18 years of age or older to use or register for the Services.
4. ACCESS TO THE SITE AND THE SERVICES
License. Subject to this Agreement, Playground NY grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and App solely for your own personal, noncompetitive use.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or App, whether in whole or in part, or any content displayed on the Site or App; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or App; (c) you shall not access the Site or App in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site or App shall be subject to this Agreement. All copyright and other proprietary notices on the Site or App (or on any content displayed on the Site or App) must be retained on all copies thereof.
Modification. Playground NY reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Playground NY will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
No Support or Maintenance. You acknowledge and agree that Playground NY will have no obligation to provide you with any support or maintenance in connection with the Services.
Ownership. With the exception of any User Content (defined below) that you may provide, you acknowledge and agree that all of the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site or App and their respective contents are owned by Playground NY or Playground NY’s suppliers or licensors. Neither this Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth herein. Playground NY and its suppliers or licensors reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.
Digital Millennium Copyright Act. We respect the intellectual property of others and asks that users of our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification pursuant to 17 U.S.C. § 512(c) (“DMCA”) must be provided to our designated Copyright Agent:
Please note that, pursuant to the DMCA any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Contact information for DCMA Notices:
Attn: Copyright Agent for www.playgroundapp.com
55 Hope St., Apt. 212
Brooklyn, NY 11211
6. SERVICE FEES AND BILLING METHODS
Playground NY may charge you for service fees for certain aspects of the Services. Playground NY may collect these fees directly using a third party payment service. For more information on what Playground NY does with your financial information, please refer to our privacy policies located at [insert link to privacy policies here].
7. USER CONTENT
User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or the App (e.g., content in the user’s profile, documents, messages, advice, ratings, opinions, information submitted or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (below). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Playground NY. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy below. Playground NY is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
License. You hereby grant (and you represent and warrant that you have the right to grant) to Playground NY an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, subject to the Privacy and Confidentiality provisions, solely for the purposes of including your User Content in the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Site or App to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site or App any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site or App unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site or App to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or App, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site or App (or to other computer systems or networks connected to or used together with the Site or App), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site or App; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site or App, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site or App (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site or App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or for any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with the Term and Termination Section, and/or reporting you to law enforcement authorities.
Feedback. If you provide Playground NY with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Playground NY all rights in such Feedback and agree that Playground NY shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Playground NY will treat any Feedback you provide to Playground NY as non-confidential and non-proprietary. You agree that you will not submit to Playground NY any information or ideas that you consider to be confidential or proprietary.
8. CONSENT TO USE CERTAIN DATA
Diagnostic and Usage Data. You agree that Playground NY and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Playground NY Software, and to verify compliance with this Agreement. Playground NY may use this information, as long as it is collected in a form that does not personally identify you, to provide and improve Playground NY’ products and services. To enable Playground NY’s partners and third party developers to improve their software, hardware and services designed for use with Playground NY products, Playground NY may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
Location Data. If you opt in to location data, Playground NY and its partners, licensees and third party developers may provide certain services through the Playground NY Software that rely upon location information. To provide these services, where available, Playground NY and its partners, licensees and third party developers may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your computer, and location search queries. The location data and queries collected by Playground NY are collected in a form that does not personally identify you and may be used by Playground NY and its partners, licensees and third party developers to provide and improve location-based products and services. By using any location-based services provided by or through the Playground NY Software, you agree and consent to Playground NY and its partners', licensees' and third party developers’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve such products and services.
9. THIRD PARTY LINKS
Third-Party Links. The Site may contain third-party data and/or sources (collectively, “Third-Party Data & Sources”). Such Third-Party Data & Sources are not under the control of Playground NY, and Playground NY is not responsible for any Third-Party Data & Sources. Playground NY provides access to these Third-Party Data & Sources only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Data & Sources. You use all Third-Party Data & Sources at your own risk, and should apply a suitable level of caution and discretion in doing so.
When you click on any of the Third-Party Data & Sources, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Data & Sources.
Release. You hereby release and forever discharge Playground NY (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Site or App users or any Third-Party Data & Sources). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10. SERVICE PROVIDERS
Playground NY does not endorse and is not responsible or liable for any User Content, data, advertising, products, goods or services available or unavailable from, or through, any third party registered agent services, third party filers or governmental agencies (collectively “Service Providers”). You agree that should you use or rely on such User Content, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider, Playground NY is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or representation by any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve Playground NY. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.
You agree that Playground NY is not responsible for the accessibility or unavailability of any Service Provider(s) or for your interactions and dealings with such Service Provider(s), waive the right to bring or assert any claim against Playground NY relating to any interactions or dealings with any Service Provider(s), and release Playground NY from any and all liability for or relating to any interactions or dealings with Service Providers.
11. DISCLOSURE OF INFORMATION
As Playground NY continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of your information as one of the transferred assets and for such information to be used for any purpose allowed under this Agreement (subject to privacy and confidentiality provisions) and as permitted under all applicable laws and regulations. For further information regarding disclosure of information, please refer to Playground NY’s privacy policies located at [insert link to privacy policies here].
12. TERM AND TERMINATION
Subject to this Section, these Terms shall remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Site or App (including your Account) at any time, for any reason at our sole discretion, including use of the Services in violation of these Terms. In instances where we have advance notice of your termination, we will make reasonable efforts to notify you of such termination so that you can download your User Content. Upon termination of your rights under these Terms, your Account and right to access and use the Services shall terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Playground NY will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.
13. MODIFICATION OF TERMS AND CONDITIONS
These Terms are subject to occasional revision at our discretion. In the event of any material changes to the Terms, we may choose to notify you, in our discretion. by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Playground NY is not responsible for any delays, failures or other damage resulting from such problems.
15. WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT PLAYGROUND NY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. PLAYGROUND NY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT YOUR USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLAYGROUND NY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY PLAYGROUND NY OR THE FAILURE OF PLAYGROUND NY TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
You agree to indemnify, defend and hold harmless Playground NY, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate or untruthful User Content or other information provided by you to Playground NY or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another individual or entity. Playground NY shall have sole control of the defense of any such damage or claim.
18. DISPUTE RESOLUTION
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Playground NY and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Playground NY that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Playground NY, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Playground NY should be sent to: 55 Hope St., Apt. 212, Brooklyn, NY 11211. After the Notice is received, you and Playground NY may attempt to resolve the claim or dispute informally. If you and Playground NY do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Playground NY made to you prior to the initiation of arbitration, Playground NY will pay you the greater of the award or $1,000.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or Playground NY pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Playground NY, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Playground NY.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. In the event any litigation should arise between you and Playground NY in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Playground NY.
Small Claims Court. Notwithstanding the foregoing, either you or Playground NY may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Kings County, New York, for such purpose.
You agree that Playground NY may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Playground NY will be provided by either sending: (i) an email to email@example.com or (ii) a letter, first class certified mail, to Playground NY, Inc., 55 Hope St., Apt. 212, Brooklyn, NY 11211. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
The communications between you and Playground NY use electronic means, whether you use the Site or App or send us emails, or whether Playground NY posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Playground NY in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Playground NY provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
20. ENTIRE AGREEMENT
This Agreement governs your use of the Service and constitutes the entire agreement between you and Playground NY. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Playground NY regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Playground NY under this Agreement.
21. GOVERNING LAW
This Agreement and the relationship between you and Playground NY will be governed by the laws of the State of New York, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. Subject to the Arbitration provision above, you agree and consent to the exclusive jurisdiction of the state or federal courts located in Kings County, New York and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Playground NY may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
22. PROVISIONS REMAINING IN EFFECT
In the event your use of the Services is terminated or lapses or you are no longer a user of Playground NY, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, 7-12, and 15-21.
It shall not be considered a waiver of Playground NY's rights if Playground NY fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and Playground NY agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and Playground NY as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.