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INSIGHT CARDS

Terms and Conditions

Updated 25 October, 2018

1. General Terms & Use of Services
2. Disclaimers
3. Indemnification & Limitation of Liability
4. Copyright; Notice & Take Down Procedures
5. Opt-Out Policy
6. Contact Us

1. General Terms & Use of Services

 

Welcome to the website (“Site”) of PLAYCE Studio Ltd. (“PLAYCE,” “we,” “our,” or “us”). These terms and conditions (“Terms”) govern your use of PLAYCE’s services, including but not limited to your registration as a PLAYCE subscriber (“Subscriber,” “you,” or “your”), free download or purchase of programs, templates, or merchandise, or use of the Site or materials available on the Site (collectively, “Services”). 

 

BY REGISTERING AS A SUBSCRIBER, OR BY ACCESSING, BROWSING, OR USING 

THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND 

AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE 

TERMS, YOU SHOULD NOT REGISTER AS A subscriber OR ACCESS THE SITE.

 

Our collection and use of your personal information is also governed by our Privacy 

Policy, which is incorporated into these Terms by this reference.

 

PLAYCE reserves the right to refuse, restrict, prohibit, or reject your access to the 

Services, at any time, for any reason, and to revise these Terms at any time by updating 

this posting. Your use of the Services after the posting of changes will constitute your 

acceptance of such changes. 

Use of the Services

We grant you a personal, limited, revocable, non-transferable, non-exclusive license to 

access and use the Services. We reserve the right, in our sole discretion and without 

notice to you, to change, suspend, add to, or discontinue any aspect of the Services, 

and we will not be liable to you or to any third party for doing so. Your continued use of 

the Services will constitute your acceptance of any such changes. You may only use the 

Services in compliance with these Terms. 

 

Subscription Requirements and Services

Requirements

All Subscribers may be required to pay a monthly or annual fee (“Fee”) as noted above and determined at time of purchase. 

 

BY SIGNING UP FOR A SUBSCRIPTION, YOU REPRESENT, 

WARRANT, AND DURING THE TERM OF YOUR SUBSCRIPTION COVENANT THAT 

YOU HAVE FULL RIGHT AND AUTHORITY TO ACT AS AGENT FOR AND BIND 

YOUR ORGANIZATION, AND TO SHARE COMPANY DATA WITH US. YOU ALSO 

ACKNOWLEDGE AND AGREE THAT SUCH DATA MAY BE SHARED WITH OTHER SUBSCRIBERS DURING PLAYCE PARTICIPATION, AS DESCRIBED IN THESE TERMS AND IN ACCORDANCE WITH OUR PRIVACY POLICY.

 

You are responsible for maintaining the confidentiality of the account name and 

password associated with your Subscription. You agree to accept responsibility for all 

activities that occur under your account. You agree to notify us immediately in the event 

of any unauthorized use of your account or other breach of security.

 

If any information of other Subscribers is shared with you by PLAYCE, you agree you will 

only use that information for the purpose for which it was shared with you. 

 

Services

Services available to Subscribers may include: (i) access to PLAYCE platform and tools; (ii) access to your personalized dashboard, (iii) access to personalized learning pathways and recommendations; (iv) access to resource libraries, including articles and research studies; (v) participation in blogs, online group meetings, and online and recorded courses; (vi) our certification process; (vii) online coaching services, including the ability to speak with Consulting/Professional Partners; (viii) access to subscribership directory, (ix) and participation in regional and national events.

 

The foregoing list is subject to change in PLAYCE’s absolute and sole discretion. 

Other Subscription Conditions

The Services are only available to all Subscribers who are in good standing, and otherwise to Subscribers who are at least eighteen (18) years of age.

 

We reserve the right to revoke your Subscription for any reason at any time, including 

as a result of a violation of these Terms, without notice. Subscription is void where 

prohibited by law. You acknowledge that no agency, partnership, joint venture, 

employee-employer, or franchisor-franchisee relationship is intended or created 

between you or your organization and PLAYCE. You agree to notify PLAYCE promptly of any changes in or to the information contained in your Subscriber profile. 

 

If PLAYCE terminates your access to the Services, your Subscription will immediately be 

canceled, and your access to the Services will immediately cease. Without limiting the 

foregoing, PLAYCE reserves the right to de-activate your Subscription if your account 

remains inactive for a substantial period of time.

Restrictions on Use of the Services

You agree you will not use the Services for any of the following purposes: (i) posting, 

communicating, or transmitting any material that infringes on any intellectual property, 

publicity, or privacy right of another person or entity; (ii) posting any information which is 

untrue, inaccurate, or not your own; (iii) engaging in conduct that may constitute a 

criminal offense, give rise to civil liability, or otherwise violate any law or regulation; (iv) 

attempting to interfere in any way with the Site’s or PLAYCE’s network security, or 

attempting to use the Services to gain unauthorized access to any other computer 

system; (v) using spiders, robots or other automated data mining techniques to 

catalog, download, store, or otherwise reproduce or distribute data or content 

available in connection with the Services; (vi) manipulating the results of any 

assessment or other PLAYCE tool; (vii) collecting any personal information of any other 

user of the Services; (viii) opening, using, or maintaining more than one Subscription,

unless with another organization; (ix) forging or masking your true identity, using proxy 

servers, or engaging in any other activity that, in PLAYCE’s sole and absolute discretion, 

suggests an effort to abuse the Services; (x) using obscene or abusive language when 

communicating with PLAYCE support staff; or (xi) posting or transmitting any threatening, 

libelous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material 

or content or any material or content that could otherwise violate applicable laws.

Proprietary Rights, Non-Disclosure

You acknowledge and agree that the content (including but not limited to any 

questionnaires or self-assessment tools), materials, text, images, videos, graphics, 

trademarks, logos, button icons, music, software, and other elements available on the 

Services are the property of PLAYCE and our licensors, and are protected by copyright, 

trademark, and/or other proprietary rights and laws. You agree not to sell, license, rent, 

distribute, copy, reproduce, transmit, publish, adapt, edit, modify, or create derivative works from any content or materials on the Services except for the purposes of promoting the PLAYCE mission and methodology. Without limiting the foregoing, you specifically acknowledge and agree that 

 

ALL OF OUR SITE'S CONTENT IS COPYRIGHT 2022 JOY KUEBLER LANDSCAPE ARCHITECT, PC. ALL RIGHTS RESERVED.

 

Information and content made available to you through the Services may contain trade 

secrets or other confidential or proprietary information of PLAYCE or PLAYCE’s Subscribers, suppliers, or licensors. You must hold in strict confidence, and not disclose to any other person, any such information. You must not use any such information or content for any purpose other than your participation in the Services in accordance with these Terms. You hereby agree to notify PLAYCE immediately if you learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in these Terms.

 

Submitted Content

PLAYCE does not claim ownership of any materials you make available through the 

Services. However, with respect to any materials you submit or make available for 

inclusion on the Services, you grant PLAYCE a perpetual, irrevocable, non-terminable, 

worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly 

display (including but not limited to display for promotion purposes), modify, create 

derivative works, and sublicense such materials or any part of such materials. You 

hereby represent, warrant, and covenant that any materials you provide do not include 

anything (including but not limited to text, images, music, or video) to which you do not 

have the full right to grant PLAYCE the license specified above. PLAYCE will be entitled to use any content submitted by you without incurring obligations of confidentiality, 

attribution, or compensation to you.

2. Disclaimers

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF 

THE SERVICES. THE SERVICES, AND ALL INFORMATION ON OR ACCESSIBLE IN

OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS 

AVAILABLE” 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, NONINFRINGEMENT, SECURITY, OR ACCURACY. SPECIFICALLY, BUT WITHOUT 

LIMITATION, PLAYCE DOES NOT WARRANT THAT: (I) THE INFORMATION WITH 

RESPECT TO THE SERVICES IS CORRECT, ACCURATE, OR RELIABLE; (II) THE 

FUNCTIONS CONTAINED WITH RESPECT TO THE SERVICES WILL BE

UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED; OR 

(IV) THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE 

OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Likewise, PLAYCE makes no warranties of any kind regarding any third-party sites to 

which you may be directed or hyperlinked from the Services. Any hyperlinks on the Site

are included solely for your convenience, and PLAYCE makes no representations or 

warranties with regard to the accuracy, availability, suitability, or safety of information 

provided in such third-party sites. PLAYCE does not endorse, warrant, or guarantee any

products or services offered or provided by or on behalf of third parties through the 

Services.

 

3. Indemnification

You agree to indemnify, hold harmless, and defend PLAYCE, including its parents, 

subsidiaries, divisions, and affiliates, together with their respective officers, directors, 

employees, agents, and affiliates, from any and all claims, liabilities, damages, costs,

and expenses of defense, including but not limited to attorneys’ fees and costs, in any 

way arising from or related to your use of the Services, your violation of these Terms or 

the Privacy Policy, content posted to the Services by you, or your violation of any law or 

the rights of a third party.

 

 

Limitation of Liability

IN NO EVENT SHALL PLAYCE, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE 

OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, 

SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE 

SERVICES BE LIABLE TO ANY SUBSCRIBER, ANY USER OF THE SERVICES, 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 

SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR 

OTHERWISE, EVEN IF PLAYCE OR ANY OF THE RELATED PARTIES NAMED ABOVE

HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF 

SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF 

PLAYCE, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SERVICES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, ACTIONS BASED ON NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL DOLLAR VALUE OF ALL FEES PAID BY YOU IN THE TWENTY-FOUR (24) 

MONTHS PRECEDING THE DISPUTE.

 

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF 

 

THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER 

SUCH CLAIM OR CAUSE OF ACTION AROSE.

 

You hereby acknowledge that the above limitation shall apply to all content, 

 

merchandise, and services available through the Services. Because some states do not 

allow limitations on implied warranties or the exclusion or limitation of certain damages, 

all of the above disclaimers or exclusions may not apply to all users.

International Use

We control and operate the Services from the United States. We make no 

representation that materials on the Services are appropriate or available for use 

outside the United States. If you choose to access the Services from outside the United 

States, you are responsible for compliance with local laws.

4. Copyright Infringement; Notice and Take Down Procedures

PLAYCE specifically prohibits the posting of any content that violates or infringes the 

copyright rights and/or other intellectual property rights, including but not limited to rights 

of privacy and publicity, of any person or entity. If you believe that any material 

contained on the Services infringes your copyright or other intellectual property rights, 

you should notify us of your copyright infringement claim in accordance with the 

following procedure. PLAYCE will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement 

should be sent to the address in the “Contact Us” section below.

 

To be effective, the notification must be in writing and contain the following information 

 

(DMCA, 17 U.S.C. §512(c)(3)): (i) a physical or electronic signature of a person 

authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple 

copyrighted works at a single online site are covered by a single notification, a 

representative list of such works at that site; (iii) identification of the material that is 

claimed to be infringing or to be the subject of infringing activity and that is to be 

removed or access to which is to be disabled, and information reasonably sufficient to 

permit the service provider to locate the material; (iv) information reasonably sufficient 

to permit the service provider to contact the complaining party, such as an address, 

telephone number, and, if available, an electronic mail address at which the complaining 

party may be contacted; (v) a statement that the complaining party has a good faith 

belief that use of the material in the manner complained of is not authorized by the 

copyright owner, its agent, or the law; and (vi) a statement that the information in the 

notification is accurate, and under penalty of perjury, that the complaining party is 

authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5. Opt-Out Policy

At any time, Subscribers may opt out of the Services, including without limitation 

newsletters or other communications: (i) by following the unsubscribe procedures 

described on the Site or contained in any email received from PLAYCE; or (ii) by 

contacting us as provided below. PLAYCE shall use reasonable efforts to read and 

respond to each email request within a reasonable period of time after receipt.

Dispute Resolution

All disputes arising under these Terms shall be governed by and interpreted in 

accordance with the laws of New York, without regard to principles of conflict of laws. 

The parties to these Terms will submit all disputes arising under this agreement to 

arbitration in Niagara County, New York, before a single arbitrator of the American 

Arbitration Association (“AAA”). The arbitrator shall be selected by application of the 

rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall 

be an attorney admitted to practice law in New York. No party to these Terms will 

challenge the jurisdiction or venue provisions as provided in this section. Nothing 

contained herein shall prevent the party from obtaining an injunction.

Class Action Waiver

ANY ARBITRATION OR COURT TRIAL RELATED TO ANY CLAIM UNDER THESE 

TERMS, WHETHER BEFORE A JUDGE OR JURY OR PURSUANT TO JUDICIAL 

REFERENCE, WILL TAKE PLACE ON AN INDIVIDUAL BASIS, WITHOUT RESORT 

TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION (“CLASS ACTION 

WAIVER”). THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM 

PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR 

REPRESENTATIVE ACTION REGARDING A CLAIM UNDER THESE TERMS. 

REGARDLESS OF ANYTHING ELSE HEREIN, THE VALIDITY AND EFFECT OF THE 

CLASS ACTION WAIVER MAY BE DETERMINED ONLY BY A COURT AND NOT BY 

AN ARBITRATOR.

 

Media Release

All Subscribers give PLAYCE the absolute right and permission to take and use photos, videos, and audio recordings of me in their promotional and training materials and publicity efforts without further authorization and without any compensation. 

I give PLAYCE Studio Ltd. and its agents the absolute right and permission to take and use photos, videos and audio recordings of me in their promotional materials and publicity efforts without further authorization and without any compensation. Subscribers acknowledge that photographs may be used in a publication, print ad, direct-mail piece, electronic media (e.g. video, CD-ROM, Internet, Web), or any other form of promotion. Subscribers effectively release PLAYCE Studio Ltd., its officers, employees, agents and designees from liability for any violation of any personal and/or proprietary rights they may have in connection with such use.

Miscellaneous

If any term or provision of these Terms shall be held or declared to be invalid or 

unenforceable for any reason by any court of competent jurisdiction, such term or 

provision shall be deemed null and void and shall not affect the application and/or 

interpretation of these Terms. The remaining terms or provisions of these Terms shall 

continue in full force and effect, as if the invalid or unenforceable term or provision was 

not a part of these Terms. The headings in these Terms are for reference only and shall 

have no effect on the interpretation or application of these Terms. PLAYCE’s failure to 

enforce a breach by you of these Terms shall not waive or release you from such 

breach and shall not waive, release, or prevent PLAYCE from enforcing any subsequent 

breach by you of these Terms. These Terms represent the entire understanding and 

agreement between PLAYCE and you with respect to the subject matter hereof.

 

6. Contact Us

To contact us with any questions or concerns in connection with these Terms or the 

Services, or to provide any notice under these Terms, please contact us at the 

addresses provided below:

 

PLAYCE Studio Ltd.

65 Zimmerman Street.

N. Tonawanda, NY 14120

(716) 695-1987

PLAYCE | Placemaking through play.

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