Terms of Service

Updated: October 4, 2007

1. Acceptance of Terms of Service:  By signing on to Playborhood and selecting the “log in” option, you are indicating your agreement to be bound by these terms of service as such terms may be modified from time to time.
   These Terms of Service, together with any applicable additional Terms of Service posted in connection with a particular service, product, digital product, event or course govern your use of Playborhood and all services, products, digital products, events and courses provided in connection with Playborhood, including but not limited to any course, service, product, digital product, events or personal account provided to you by Playborhood.
   Playborhood shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for Playborhood.
   
2. Changes to Terms of Service:
   
   1. Subject to changes without notice. From time to time Playborhood may supplement or change these Terms of Service without notice. Always refer to this page for the latest and currently extant Terms of Service.
   2. Additional terms of service. From time to time Playborhood may supplement these Terms of Service with additional terms pertaining to specific content, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on Playborhood to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
   3. Consent to terms of service. The Terms of Service for your continued use of Playborhood will be available throughout Playborhood. Please check these areas before using Playborhood to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with Playborhood immediately by:
      
      1. of your unwillingness to accept the changes to the Terms of Service; and
      2. discontinuing your use of Playborhood.
      
      Your continued use of Playborhood will signify your acceptance of any change in the terms and conditions set forth herein.
      
   
   
3. Registration Information/Privacy Policy:  When you register for Playborhood, you will be required to provide Playborhood with the following information: a user name (which may be pseudonymous), an e-mail address, and a password. In addition, you may choose to provide Playborhood with additional information, including your first name, last name, address, and other information to be determined by you. Any information provided by you or gathered by Playborhood or third parties during any visit to Playborhood shall be subject to the terms of Playborhood’s Privacy Policy.
4. Termination:  Playborhood reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate, without notice:
   
   1. These Terms of Service, and/or
   2. Your registration(s) with or ability to access Playborhood and/or any other service, specific content, digital products, products, courses or events, provided to you by Playborhood
   
   upon any breach by you of these Terms of Service or otherwise.
   
5. Community guidelines and unacceptable content
   
   1. You agree to comply with the Playborhood Community Guidelines (outlined below).
   2. You alone are responsible for the content of your contributions to Playborhood, and any consequences of such content. Playborhood reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following community guidelines.
   3. Playborhood declines to publish unacceptable content. Everything published on Playborhood is content: Your posts, comments, forum messages, poll responses, audio, video, text, images, and other types of content not yet developed. We embrace your diversity of opinions and values, but we insist that your content may not include anything unacceptable. We define unacceptable content as anything included or linked that is:
      
      1. Being used to abuse, harass, stalk or threaten a person or persons.
      2. Libelous, defamatory, knowingly false or misrepresents another person.
      3. Infringing upon any copyright, trademark, trade secret or patent of any third party. (If you quote or excerpt someone’s content, it is your responsibility to provide proper attribution to the original author. For a clear definition of proper attribution and fair use, please see The Electronic Frontier Foundation’s Legal Guide for Bloggers at this URL.)
      4. Violating any obligation of confidentiality.
      5. Violating the privacy, publicity, moral or any other right of any third party.
      6. Containing only paid advertising links and/or spam.
      
      Playborhood’s co-founders, editors, and advisors will define and determine, at our sole discretion, what is “unacceptable content” on a case-by-case basis, and our definitions are not limited to this list. We reserve the right to change these standards at any time without notice. We also reserve the right to remove content or links to any content at any time.
   4. Playborhood embraces civil disagreement. As a Web site devoted to creating an opportunity for all kinds of people to seek greater education and community, we agree to agree and to disagree-as strongly as need be-without crossing the boundaries into unacceptable content as defined above.
   
   
6. Rights and Usage:When you as a user submit content to Playborhood, including forums, comments and your account, you thereby have a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content.
   
   By submitting content, which shall include your user name, to any “public area” of Playborhood, including forums, comments and your account, you grant Playborhood a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
   
   Anything contained herein to the contrary notwithstanding, by submitting content to any forums, comments or any other area on Playborhood, you hereby expressly permit Playborhood to identify you by your username (which may be a pseudonym) as the contributor of such content in any publication in any form, media or technology now known or later developed in connection with the content, unless you otherwise notify Playborhood’s legal department in writing at the time you submit the content that you do not wish to be identified.
   
   Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of Playborhood, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
7. Third Party Services:  You may order services or merchandise through Playborhood from other persons not affiliated with Playborhood ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Playborhood makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Playborhood nor will Playborhood be construed as a party to such transactions, whether or not Playborhood may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
   
   Playborhood may include special routing icons which may be located within Playborhood, the activation of which will allow you to access and learn more about Playborhood and other services provided by Playborhood whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
   
   Third Party Services, websites and links thereto may be included within the Playborhood website. By using this site, you recognize that these services, websites and links may use non-personally-identifiable information about you. When you access any of these services or websites, your rights and obligations will be governed by the agreements and policies relating to the use of those services or websites.
8. Registration and Password:  You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Playborhood of any unauthorized use of your registration or password.
9. Notification of Any Possible Copyright Infringement:  In the event you believe that material or content published on Playborhood may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to General Counsel, Playborhood, 365 Guinda Street, Palo Alto, CA 94301, and send a detailed e-mail message to .
10. Disclaimer of Warranties:  You expressly agree that use of Playborhood, including but not limited to all content, services, digital products, courses, events, tools and products purchased through Playborhood, is at your sole risk. Playborhood is provided on an “as is” and “as available” basis. Playborhood expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
    
    Playborhood makes no warranty that Playborhood will meet your requirements, or that Playborhood will be uninterrupted, timely, secure, or error free; nor does Playborhood make any warranty as to the results that may be obtained from the use of Playborhood. Playborhood will not be liable for any direct, consequential or incidental damages, whether foreseeable or not, which may result from the unavailability or malfunction of Playborhood.
    
    You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Playborhood is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
    
    You understand and agree that Playborhood does not guarantee the accuracy, completeness or usefulness for a particular purpose of any information provided in connection with Playborhood. Playborhood is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that neither Playborhood nor its members, while such members are participating in Playborhood, are engaged in rendering legal, medical, counseling or other professional services or advice. Playborhood encourages you to seek appropriate professional advice or care for any situation or problem that you may have.
    
    Playborhood shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in Playborhood, its digital products or services. Your participation in Playborhood is solely at your own risk. No advice or information, whether oral or written, obtained by you from Playborhood or through Playborhood, its employees, consultants, editors, and/or experts shall create any warranty not expressly made herein.
    
    Playborhood makes no warranty regarding any goods, services, digital products, events, courses, content, tools, or products purchased or obtained through Playborhood or any transactions entered into through Playborhood.
    
    Playborhood is not responsible for any content on the Internet or world wide web pages that is contained outside Playborhood. As a convenience to our members, we may provide links to other sites.  We make no representations as to the quality, suitability, functionality or legality of any sites to which Playborhood may provide links, and you hereby waive any claim you might have against Playborhood with respect to such sites.
11. Limitation of Liability:  Playborhood shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use Playborhood or for the cost of procurement of substitute goods and services or resulting from any goods, services, digital products, events, courses and/or content purchased or obtained or messages received or transactions entered into through Playborhood or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles even if Playborhood has been advised of the possibility of such damages.
12. Content storage:  Playborhood assumes no responsibility for the deletion of or failure to store user created content.
13. Newsletters that include Promotional Messages:  At your request, Playborhood may send e-mail messages to you containing labeled advertisements, promotions, etc. Playborhood makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Playborhood nor such third party shall have any liability with respect thereto.
14. Indemnification:  You agree to indemnify and hold each of Playborhood, its parents, subsidiaries, affiliates, officers, directors, employees, editors, sponsors, successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Playborhood, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
15. Applicable Law:  These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions. By registering for or entering Playborhood, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California.
16. Remedies for Breach of these Terms by You:  In the event that Playborhood determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for Playborhood, Playborhood reserves the right to:
    
    1. Warn you via email (to any email address you have provided to Playborhood) that you have violated these Terms of Service;
    2. Delete any or all content provided by you or your agent(s) to Playborhood;
    3. Discontinue your registration(s) with Playborhood and/or any other Playborhood community;
    4. Discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through Playborhood.
    5. Notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
    6. Any other action that Playborhood deems to be appropriate.
    
    If your registration(s) with or ability to access Playborhood, any other Playborhood community and/or any other service, product, content, course, event, tool or digital product provided to you by Playborhood is discontinued by Playborhood due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of Playborhood, then you agree that you shall not attempt to re-register with or access Playborhood, any other Playborhood community and/or any other digital product, course content or service provided by Playborhood, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses, events or content and services to which your access has been terminated.
    
    In the event that you violate the immediately preceding sentence, Playborhood reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
    
17. Changes in service:  Playborhood reserves the right to terminate free access to Playborhood including any or all content, services, digital products, products, events, courses or tools with or without notice to you. Playborhood reserves the right (at Playborhood’s discretion) to provide you with notice of such change by prominently posting a notice on Playborhood and/or sending written notice to you at any e-mail and/or post office address you have provided to Playborhood. Once free access is terminated Playborhood may charge each subscriber any applicable fee, surcharge and/or membership fee for access to Playborhood and/or any for-pay content, services, digital products, products, events, tools or products.