Terms of Use

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Welcome to www.kidzplayland.ca. The Kidz PlayLand site and its affiliate sites, including but not limited to social media sites (Kidz PlayLand Facebook, Twitter and Instagram pages) (“Sites”) includes all digital properties operated by employees on behalf of Kidz PlayLand Indoor Playground Inc., (“Kidz Playland”).

 

These Terms of Use apply to all visitors to and users of the site and to any affiliate sites, including any mobile version. By accessing or using these sites, you signify that you have read, understood and agree to be bound by these Terms of Use. You also agree to be bound by these Terms of Use, if you post kidzplayland.ca links to your site(s).

 

We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time. Your continued use of the service or the sites after any such changes are posted constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check these pages to determine if there have been changes to these Terms of Use and to review such changes.

 

Privacy

We care about the privacy of our users. Kidz PlayLand has established a Privacy Policy to govern how user information is collected and used. By registering, accessing or using these sites, you are signifying your acknowledgement and agreement with Kidz PlayLand’s Privacy Policy. See kidzplayland.ca to view the Privacy Policy.

 

Disclaimers

1. Kidz PlayLand strives to ensure that information on its website and affiliate sites are accurate and current. However, the information is subject to change from time to time, without notice, as deemed appropriate by Kidz PlayLand. The sites and the content are provided on an “as is, as available” basis, and you use the sites at your own risk. We do not guarantee that the content provided will be sufficient or appropriate for every individual or situation or will guarantee any specific result. Kidz PlayLand cannot accept any liability for the consequences of inaccurate or incomplete information on these sites. If visitors to these sites are in doubt on any details they should contact Kidz PlayLand.

2. These sites may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of user communications. We are not responsible for any technical malfunction or other problems of any communications network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or email including injury or damage to user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials. We do not represent or warrant that software will be free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any content or materials and use industry-recognized software to detect and disinfect viruses.

3. All messages, comments or photos posted in forums express the views of the author and Kidz PlayLand will not be held responsible for the content of any message. Although we provide rules for user conduct, we do not control and are not responsible for what users may post, transmit or share on the site or on sites affiliated with Kidz PlayLand, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the site or on any sites affiliated with Kidz PlayLand. We are not responsible for the conduct, whether online or offline, of any user of the site or any sites affiliated with Kidz PlayLand.

4. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone’s use of the sites, any user content or third party content posted on or through the site or affiliated sites or transmitted to users, or any interactions between users of the site or affiliated sites, whether online or offline.

 

User Conduct

The sites are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you will violate or infringe the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

 

In addition, and without limitation, you agree not to use the services or the sites to:

1. Harvest or collect email addresses or other contact information of other users for the purposes of sending unsolicited emails or other unsolicited communications

2. Solicit others users to join or become members of any commercial online service or other organization without our prior written approval

3. Use the site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site

4. Upload, post, transmit, share, store or otherwise make available any photos or videos other than those of a personal nature that: (i) are of you or your children, family or friends, (ii) are taken by your children, family or friends, or (iii) are original art or animation created by you, your children, your family or friends

5. Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any municipal, provincial, federal or international law

6. Upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the site or affiliated sites, or which may expose use or our users to any harm or liability of any type

 

User Content Posted on the Sites

You are solely responsible for the photos, profiles (including your name, image, and likeness), forum messages and comments, notes, text, information, music, video, listings, and other content that you upload, publish or display on the site or affiliated sites, or transmit to or share with other users. You may not post, transmit, or share user content on the site or affiliated sites that you did not create or that you do not have permission to post.

 

We reserve the right to review the site and affiliated sites and may edit, delete or remove (without notice) any content or user content in our sole discretion, at any time and for any reason or no reason, including content that in our sole judgment violates these Terms of Use or our Privacy Policy, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.

 

By posting user content to any part of the site or affiliated sites, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any purpose. You waive any and all claims you may now or later have in any jurisdiction to “moral rights” or equivalent rights of authorship with respect to the user content. You may remove your user content from the site or affiliated sites at any time. If you choose to remove your user content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of your user content.

 

Mobile Services

By using the mobile services, you agree that we may communicate with you regarding kidzplayland.ca and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us.

 

Third Party Websites and Content

The site and affiliated sites contain (or you may be sent through the sites) links to other websites (“third party sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties. Such third party content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through the sites or any other third party content posted on, available through or installed from the sites. Inclusion of, linking to or permitting the use or installation of any third party sites or any third party content does not imply approval or endorsement by us.

 

Proprietary Rights in Site Content; Limited License

All content on the site and affiliated sites, and available through the service, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, and their selection and arrangement, are the property of Kidz PlayLand, its users or its licensors with all rights reserved. You are granted a limited license to access and use the site and the site’s content and to download or print a copy of any portion of the site’s content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. 

 

Trademarks

Kidz PlayLand, kidzplayland.ca, and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks or trade dress in Canada and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

 

Termination

We reserve the right, at our sole discretion, to limited or terminate access to the site or affiliated sites, delete your profile and any content or information that you have posted on the sites and/or prohibit you from using or accessing the sites (or any portion, aspect or feature of the sites) for any reason, or no reason, at any time in our sole discretion, with or without notice.

 

Indemnity

You agree to indemnify and hold Kidz PlayLand, is subsidiaries and affiliates, and each of their owners, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including attorney’s fees, arising out of or in connection with any user content you post or share on or through the site or affiliate sites, your use of the sites, your conduct in connection with the sites or with other users of the sites, or any violation of this Agreement or of any law or the rights of any third party.

 

Other

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.