PLAYCE Studio Terms and Conditions
Updated January 31, 2025
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 2024 PLAYCE STUDIO. 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.
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.
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.
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.
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.
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
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