Terms Of Service

TERMS OF SERVICE
These Terms and Conditions of Service (the “Terms of Service”) apply to Infinite Playground (“the
Site”). Use of the Site, registering as a member on the Site (“Member”), or executing a transaction
on the Site all constitute unconditional acceptance of these terms and conditions.
Infinite Playground, in our sole discretion, reserves the right to change or modify these Terms of
Service, at any time. Your continued use of the Site following the posting of changes will constitute
agreement to the changes.
MEMBER ACCOUNTS, PASSWORD AND SECURITY
Certain portions of the Site are available only to Members. If you become a Member, you will
receive a password and account designation upon completing our registration process. You are
responsible for maintaining the confidentiality of your password and account, and are fully
responsible for all activities that occur under your password or account. You agree to immediately
notify us of any unauthorized use of your password or account or any other breach of security. We
will not be liable for any loss or damage to you or anyone else arising from your failure to comply
with this rule.
As a Member, you agree to provide true, accurate, current, and complete information about
yourself as prompted by the Site’s registration form. Membership is void where prohibited by law.
Infinite Playground reserves the right to revoke or prohibit your membership for any reason at any
time. The site is for use by individuals 18 or older. By registering for and using the site you agree
you are of legal age.
USE OF THE SITE
You may use the Site only in accordance with and subject to these Terms of Service and the Site’s
Privacy Policy (the “Privacy Policy”) (available at http://www.Infinite Playground.com/privacy). Once
you complete and submit your registration, you have opted in to receive email communication from
us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of
Service, or to solicit the performance of any illegal activity or other activity which infringes the rights
of Infinite Playground or others. Notwithstanding any other rights or restrictions in these Terms of
Service, you may not use this Site to: (a) transmit via or through the Site any information, data,
text, images, files, links, or software except in connection with your authorized use of this Site or
otherwise in response to specific requests for information by us; (b) introduce to the Site or any
other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain
unauthorized access to any computer system; (d) impersonate any other person, including but not
limited to, a registered user of this Site or an employee of Infinite Playground; (e) invade the
privacy or violate any personal or proprietary right (including intellectual property rights) of any
person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper
with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or
(i) collect or harvest information regarding other users of the Site for any reason whatsoever,
including, without limitation, for sending such users unsolicited commercial e-mail.
ADDITIONAL TERMS AND CONDITIONS
Additional terms and conditions may apply to specific portions of or products on the Site or your
membership, which terms are made part of these Terms of Service by reference. You agree to
abide by such other terms and conditions. If there is a conflict between these Terms of Service and
the terms posted or emailed for, or applicable to, a specific portion of or products on the Site or
your membership, the latter terms shall control with respect to your use of that portion of the Site,
the products or your membership.
a) Membership Rewards
On purchase of each Qualifying Order (defined below) your account will be credited with a reward
of twenty dollars ($20.00 USD) or such other amount as may be posted from time to time (the
“Reward”). A “Qualifying Order” means the first order for merchandise or services on the Site
placed by an individual whom you sponsored or to whom you sent an email invitation to join the
Site. Rewards may be redeemed only for the purchase of merchandise or services on the Site.
Rewards are not transferable and may not be combined with Rewards belonging to others. At no
time may you purchase, sell or barter any Rewards. Rewards have no cash value. They are
promotional in nature and are issued without any exchange of money or value from you. As such,
Rewards do not constitute property and you do not have a vested property right or interest in the
Rewards. At our option, Rewards may expire twelve months after the date of issuance. We reserve
the right at any time in our discretion, and without prior notice, to discontinue the Rewards program
or to add or change Rewards program rules, terms or conditions, including changing expiration
periods or Rewards values for existing or future Rewards credits.
b) Posting Rules
You agree to abide by the following rules when posting material on the Site. You are solely
responsible for any statements that are posted using your account; You will not post or upload any
material or links to material (including, but not limited to text, content, photos, video, animation,
graphics, audio, or software) that is libelous, harassing, or disruptive, that violates any applicable
law, or that would constitute grounds for civil or criminal liability; You will not post advertisements,
chain letters, charity requests, petitions for signatures, or any solicitation of other users that is
inappropriate; You will not violate, misappropriate, or infringe on, the rights of third parties,
including, copyright, trademark, trade secret, privacy, personality, publicity, or other intellectual
property or proprietary rights; you acknowledge that any materials you upload are, and will be
treated as, non-confidential and non-proprietary; and you represent that you have the right to post
all materials that you post on the Site and the right to permit downloading of all such materials by
other users for personal use; and We reserve the right, but are not obligated, to remove or modify
any material posted to the Site in violation of these Terms of Service or at our discretion.
UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY MEMBER CONTENT TO
Infinite Playground BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR
EXPECTATION OF COMPENSATION OR ATTRIBUTION. YOU REPRESENT AND WARRANT TO
Infinite Playground THAT Infinite Playground IS FREE TO USE THE MEMBER CONTENT, AND
IMPLEMENT ANY SUGGESTIONS CONTAINED THEREIN, IF IT SO DESIRES, AS PROVIDED
OR AS MODIFIED BY Infinite Playground, WITHOUT OBTAINING PERMISSION OR LICENSE
FROM ANY THIRD PARTY AND WITHOUT ANY COMPENSATION TO YOU.
If you encounter materials on the Site that you believe do not abide by these rules, please contact
us directly by clicking on this electronic e-mail link: support@Infiniteplayground.co.
c) Contribution
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to us through our
suggestion or feedback web pages, by email or otherwise, you acknowledge and agree that: (a)
your Contributions do not contain confidential or proprietary information; (b) Infinite Playground is
not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c)
Infinite Playground shall be entitled to use or disclose (or not to use or disclose) such Contributions
for any purpose, in any way, in any media worldwide; (d) Infinite Playground may have something
similar to the Contributions already under consideration or in development; (e) your Contributions
automatically become the property of Infinite Playground without any obligation of Infinite
Playground to you; and (f) you are not entitled to any compensation or reimbursement of any kind
from Infinite Playground in connection with the Contributions under any circumstances.
Return Credit
Items that have been returned will be refunded in the form of: (A) a credit card refund OR (B) a
merchandise credit (a “Merchandise Credit”) at the original purchase price, plus applicable sales
tax, and, if applicable, the return shipping charges will be deducted from the amount of the
Merchandise Credit. Merchandise Credit is not transferable and may not be combined with
Merchandise Credit belonging to others. At no time may you purchase, sell or barter any
Merchandise Credit. Merchandise Credit is not redeemable for cash, unless required by law. The
obligations represented by outstanding Merchandise Credit may at any time be assigned to and
assumed by any affiliate of, or successor to, the present or any future owner of the Infinite
Playground website, or any third party under contract with such present or future owner. You, as a
Member, expressly consent to and authorize any such future assignment and assumption of
outstanding Merchandise Credit obligations, and you agree to look solely to such assignee in the
event of any such transfer.
Credit Balances
Any credit balance (including a Reward balance and/or Merchandise Credit) will be automatically
applied to your next purchase from the Site and the order of redemption of such credits will be
determined by Infinite Playground. To the extent your credits exceed the amount of your total
purchase, the excess credit balance will remain in your account to be applied to your next
purchase, subject to the foregoing terms and conditions. If your account and/or membership is
terminated for any reason, any credit balances in your account may be cancelled, except as
prohibited by law. Account balances are determined by Infinite Playground and such determination
is final.
PROPRIETARY RIGHTS
All materials on the Site that are created or provided by Infinite Playground, including, but limited
to, text, graphics, logos, icons, and images, are the property of Infinite Playground or other content
providers, and are protected by United States and foreign intellectual property laws. The
compilation of all the content on this Site is the exclusive property of Infinite Playground and is also
protected by United States and foreign intellectual property laws. You may download, view, copy,
and print the materials on this Site for personal or internal business use only, provided that you do
not remove or alter any trademark, service mark, or logo, or any copyright or other intellectual
property notices. Except as provided above, you may not download, view, copy, print, reproduce,
distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on
the Site, or resell access to the Site, in any form or by any means without our prior written consent.
We reserve the right to revoke any of the rights granted in these Terms of Service at any time, and
those rights automatically terminate if you violate any of these Terms of Service. Unauthorized use
of any material on the Site may violate copyright law, trademark law, and other laws of the United
States and other jurisdictions. All rights not expressly granted in these Terms of Service are
reserved. Infinite Playground is the trademark of Infinite Playground. The other trademarks, service
marks, and logos used on the Site are trademarks of Infinite Playground or others.
Use of the content and materials for any purpose not expressly permitted in these Terms of Service
is prohibited. Infinite Playground relies upon a network of independent vendors who supply some
of the goods and services advertised on the Site and, in some cases, drop ship them directly to
you. We are not liable for any infringement of copyrights, trademarks, trade dress or other
proprietary or intellectual property rights arising out of content posted on or transmitted through the
Site, or items advertised on the Site, by our vendors.
LINKS TO THIRD PARTY WEBSITES
The Site may contain links to other third party websites. Infinite Playground has no control over,
and accepts no liability, obligation, or responsibility for, the contents or performance of other
websites. Any such links do not necessarily constitute an approval or endorsement of, or any
representation regarding, the linked website, its content, its owner, its performance, or its owner’s
products or services.
ACCURACY OF CONTENT; LIMITATIONS ON QUANTITY
Excluding Member Content, the information on this Site is believed to be complete and reliable;
however, the information may contain typographical errors, pricing errors, and other errors or
inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve
the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii)
make changes to prices, content, promotion offers, product descriptions or specifications, or other
information without obligation to issue any notice of such changes (including after an order has
been submitted, acknowledged, shipped, or received, except as prohibited by law). We also
reserve the right to limit quantities (including after an order has been submitted and/or
acknowledged) and to revise, suspend, or terminate an event, promotion, or activity at any time
without notice (including after an order has been submitted and/or acknowledged). The inclusion of
any products or services on this Site at a particular time does not guarantee that the products or
services will be available. If a product offered by us is not as described, your sole remedy is to
return it subject to the terms of our return policy.
COPYRIGHT INFRINGEMENT
Infinite Playground respects the intellectual property of others, and we ask our users to do the
same. Infinite Playground may, in appropriate circumstances and at its discretion, disable and/or
terminate the accounts of users who may be repeat infringers. If you believe that your work has
been copied in a way that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide our Copyright Agent the following information: 1) an
electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest; 2) a description of the copyrighted work or other
intellectual property that you claim has been infringed; 3) a description of where the material that
you claim is infringing is located on the site; 4) your address, telephone number, and email
address; 5) a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; 6) a statement by you, made under penalty
of perjury, that the above information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or intellectual property owner’s
behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be
reached as follows:
By email: support@Infiniteplayground.co
EQUITABLE RELIEF
You acknowledge and agree that breach of these Terms of Service will result in irreparable harm
that would be difficult to measure; and, therefore, that upon any such breach or threat of such
breach, Infinite Playground shall be entitled to seek injunctive and other appropriate equitable relief
from any court of competent jurisdiction (without the necessity of proving actual damages or of
posting a bond), in addition to whatever remedies it may have at law, under these Terms of
Service, or otherwise.
DISCLAIMERS
Infinite Playground is not and shall not be at any time responsible or liable for any loss or damage
of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out
of or related to any Member Content, or to any act or omission by Members of the Site, by Infinite
Playground or by any third party or by any of the equipment or programming associated with or
utilized by the Site. Any content submitted by our vendors does not necessarily reflect the opinions
or policies of Infinite Playground.
Infinite Playground assumes no responsibility for any error, omission, interruption, delay,
communications line failure, deletion, defect, delay in operation or transmission, theft or destruction
or unauthorized access to, or alteration of, any Member Posting or other Member communications.
Infinite Playground is not responsible for any problems or technical malfunction of any telephone or
cable network or lines, computer systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or traffic congestion on the Internet or on
the Site, including any injury or damage to Member’s or other person’s computer related to or
resulting from participation on or through the Site.
THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE, AND OTHER
INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE
PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
SPECIFICALLY, BUT WITHOUT LIMITATION, Infinite Playground DOES NOT
WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii)
THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF
ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
LIMITATION OF LIABILITY
IN NO EVENT SHALL Infinite Playground, SUBSIDIARIES, OR AFFILIATES OR THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS,
SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES
PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY
OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT
OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED
THEREON OR STORED OR MAINTAINED BY Infinite Playground, WHETHER BASED UPON
WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Infinite Playground HAS BEEN
ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF Infinite Playground, SUBSIDIARIES,
OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR
THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE,
EXCEED THE AMOUNT YOU PAID TO Infinite Playground IN CONNECTION WITH THE
APPLICABLE EVENT, PROMOTION OR MERCHANDISER GIVING RISE TO SUCH LIABILITY.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL Infinite Playground,
SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS,
SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE
HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE
INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED
IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF Infinite Playground.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and
services available through the Site. Because some states do not allow limitations on implied
warranties or the exclusion or limitation of certain damages, in such states some or all of the above
disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by
applicable law.
INTERNATIONAL USE
We make no representation that information on this Site is appropriate or available for use outside
the United States. Those who choose to access this Site from outside the United States do so on
their own initiative and are responsible for compliance with local laws, if and to the extent local
laws are applicable.
RISK OF LOSS
The items purchased from our Site are shipped by a third party carrier. As a result, risk of loss and
title for such items pass to you upon our delivery to the carrier.
INDEMNITY
You agree to indemnify and hold harmless Infinite Playground, subsidiaries, or affiliates or their
respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors,
suppliers, affiliates or Third Parties providing information on this site, from and against all losses,
expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation
of the Terms of Service, or the failure to fulfil any obligations relating to your account incurred by
you or any other person using your account, or for any third party claims (including, without
limitation, claims made by third parties for infringement of intellectual property rights) arising as a
result of your use of the Site or reliance upon any information found on the Site. We reserve the
right to take over the exclusive defense of any claim for which we are entitled to indemnification
under this Section. In such event, you shall provide us with such cooperation as is reasonably
requested by us.
GOVERNING LAW
These Terms of Service shall be governed by and construed under the laws of the State of
California, without regard to its conflicts of laws principles. Except as set forth in the “Equitable
Relief” provision of these Terms of Service, the sole jurisdiction and venue of any action related to
these Terms of Service shall be the California state courts and the United States federal courts in
San Francisco County, California, and you agree to submit to personal and exclusive jurisdiction of
these courts.
UNAVAILABILITY OF SITE; TERMINATION; FRAUD
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason,
without notice or cost. In addition, the Site may be temporarily unavailable from time to time for
maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or
access to all or part of the Site or your account or membership, for any reason, including without
limitation, breach of these Terms of Service. If at any time, we notify you that your access to and/or
use of the Site or your account is terminated, you must cease and desist from all such access and/
or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper
any order if fraud is suspected. In the event these Terms of Service or your membership or account
are terminated, the restrictions regarding intellectual property matters, the representations and
warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your
obligations which by their nature should survive termination) will survive termination.
GENERAL PROVISIONS
All the terms of these Terms of Service and Privacy Policy shall apply to and bind the assignees
and successors in interest of you and Infinite Playground. The waiver by Infinite Playground of any
breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or
failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of
any other remedy at any time. If any provision or portion of these Terms of Service are held to be
invalid or unenforceable, the other provisions and portions shall not be affected. The headings are
used for the convenience of the parties only and shall not affect the construction or interpretation of
these Terms of Service.
Infinite Playground REFERRAL PROGRAM TERMS & CONDITIONS
As a referrer, you are subject to Infinite Playground’s Privacy Policy and Terms, available on our
site here and here, as well as the additional Terms and Conditions of our Referral Program below:
By sharing a personalized referral link, you become a referrer. When someone clicks your link,
signs up for Infinite Playground, and makes a qualifying purchase, he/she thereby becomes the
referred.
A qualified referral is defined by a qualifying purchase made at Infinite Playground.com by a
referred person who arrived at and signed up for Infinite Playground by way of a referrer’s link.
For the referrer to earn the reward credit of $20, the referred user must make a purchase of $25 or
greater in total value, not including taxes, shipping costs, returns, fraudulent payments,
chargebacks, and/or any other external fees.
You, the referrer, are limed to one qualified referral for each referred customer, which means that
any additional purchases made by the referred customer do not count as qualified referrals, and
therefore are not eligible to generate rewards credit for the referrer.
Infinite Playground Credits are awarded in increments of $20. As a referrer, you are responsible for
any and all tax liability that results from the Infinite Playground Referral Program.
The Infinite Playground Referral Program is valid only to individuals (extending to both referrers
and referred). No businesses, corporations, or other organizations qualify for the terms of the
Infinite Playground Referral Program.
No spam. Referral emails must be generated and sent in an individual manner—bulk emailing is
discouraged, and any use of your referral link that may be deemed as unwanted spam may result
in disqualification from the Referral Program and/or further exclusion from Infinite Playground.
If the Infinite Playground Referral Program is used by either the referred or the referrer in any
manner that breaches these Terms and Conditions, Infinite Playground reserves the right to close
the accounts of any referred or referrer customer. Unwanted spam may result in disqualification
from the Referral Program and/or further exclusion from Infinite Playground.
Having multiple Infinite Playground accounts, sending invites to alternate email addresses or
accounts or otherwise attempting to abuse Infinite Playground’s referral credit program system will
result in forfeiture of your membership and all Referral Credits in your account. Infinite Playground
reserves the right to void referrals and Referral Credits earned if we suspect that the referrals or
Referral Credits were earned in a fraudulent manner, in a manner that violates these Terms and
Conditions or in a manner otherwise not intended by Infinite Playground.
Infinite Playground reserves the right to cancel the Infinite Playground Referral Program or change
these Terms and Conditions at any time. In this case, any unclaimed credits resulting from a
referral will be null and void.