Terms & Conditions | World Playground

World Playground Terms & Conditions

Effective Date: September 1, 2020

Last Updated: September 8, 2020

1. Acceptance of the Terms of Use.

By accessing or using the World Playground websites offered by World Playground (“World Playground,” “we,” “us” or “our”) websites, including at https://www.worldplayground.co and https://members.worldplayground.co (collectively, the “Websites” or this “Website”), you (the “User” or “you”) confirm that you have read, understand and agree to be bound by these terms of use (“Terms of Use”). Please read the Terms of Use carefully and print a copy for your records.

World Playground describes our privacy practices in our privacy policy available at https://www.worldplayground.co/privacy-policy/ and our cookie policy at https://www.worldplayground.co/cookie-policy/, which are incorporated herein by reference. Please review both documents carefully for more information on how World Playground handles your personal data, in addition to what regulatory requirements may impact the services.

IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT ALL SALES ARE FINAL AND THAT YOUR PURCHASE AND SUBSCRIPTION MADE HEREUNDER ARE NON-REFUNDABLE. NO REFUNDS WILL BE PROVIDED UNDER ANY CIRCUMSTANCES, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW.

PLEASE BE AWARE THAT SECTION 14 OF THESE TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WORLD PLAYGROUND HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST WORLD PLAYGROUND TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 14 OF THESE TERMS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST WORLD PLAYGROUND ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION PROVISIONS SET FORTH IN SECTION 14 OF THESE TERMS COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING CLASS ACTION LITIGATION. PLEASE SEE SECTION 14 FOR MORE INFORMATION REGARDING THESE ARBITRATION PROVISIONS, INCLUDING THE ARBITRATION PROVISIONS’ IMPACT ON THE PENDING CLASS LITIGATION AND HOW TO OPT OUT OF ARBITRATION. THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

2. Changes to these Terms of Use.

By accessing our Website, you acknowledge that we have the right to revise and amend these Terms of Use without prior notice. Your continued use of the Website following our posting of any such changes will mean that you accept such changes. Notwithstanding the foregoing, in the event that you provide us with an email address, we will notify you at the email address provided to us in the event that we make any material changes to these Terms of Use, and you will have to agree to or reject the updated Terms of Use at that time, in order to continue using the Website.

3. The Website are for Use by Individuals 18 years of age and older.

The Website are intended solely for natural persons who are eighteen (18) years of age or older, and any registration by, use of, or access to the Website by any person under 18 is unauthorized and in violation of these Terms of Use. We may terminate your use of the Website without notice if we believe you are less than 18 years old. By using the Website, you represent and warrant that, you are a natural person, you are 18 or older, and that you agree to and will abide by all of the terms and conditions of these Terms of Use.

4. Subscriptions and Purchases

By accepting this Terms of Use, you agree to pay all applicable fees due for your access to and subscription to the Website. We hope that you enjoy your subscription and if you are dissatisfied at any time, please reach out to us and we will try to make it right. Please note that all fees due for your access to the Website and/or any purchase made through the Website, are non-refundable. You acknowledge and agree that under no circumstances will you be remitted a refund or otherwise provided any kind of credit or reimbursement of fees, except where otherwise prohibited by applicable law.

5. Website Use Restrictions.

Without our prior written consent, you may not:

Use any automated means to access this Website or collect any information from the Website (including, without limitation, robots, spiders, scripts, or other automatic devices or programs);
Frame the Website in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any Website’ pages, or otherwise affect the display of any pages on the Website;
Engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
Use the Website in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website; or
Access, use or monitor our Website for benchmarking or any direct competitive purposes.

We may terminate or disable your access to these Website for any reason, with or without cause, including if we believe that you have violated or acted inconsistently with these Terms of Use.

6. User Representations.

Parts of the Website may be accessed only by registering for an account and creating a password. Keep your password secure. You are responsible for the activities on your account. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Website will violate or infringe upon the rights of any third party, including without limitation any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libelous, defamatory, or otherwise unlawful material. You will notify us promptly if you discover any unauthorized use of your account. We are not responsible for any losses resulting from unauthorized use of your account.

In addition, you agree not to use the Website to:

Except where authorized by us, register for more than one User account, register or operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;
Upload, post, transmit, share, store, or otherwise make publicly available through the Website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers, unless expressly authorized to do so by that third party;
Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website; or Use or attempt to use another’s account without authorization from that person, or create a false identity through the Website.

7. Information Posted through the Website.

As between us and you, all content made available on or through the Website, whether uploaded, published, or displayed by us, including designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement is the property of World Playground (collectively the “World Playground Content”). To the best of our knowledge, we use only content that we own or have permission to use. No World Playground Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the owner’s prior written permission. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

You are solely responsible for the information that you post on or through the Website and your conduct regarding the Website. By posting information to or through the Website, you agree to (a) provide accurate, current, and complete information; (b) maintain the security of your password and identification, to the extent you are provided a password and identification; (c) promptly notify us of any changes to information or circumstances that could affect your eligibility to continue using the Website; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

8. Consent to be Contacted.

To the extent required by applicable law, we ensure we make the proper disclosures and obtain consumer consent when collecting your contact information.

9. Copyrights and DMCA Notice.

It is World Playground’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify World Playground’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Site (e.g., a URL);
Information reasonably sufficient to permit World Playground to contact you, such as your address, telephone number, and, email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice

World Playground

111 N 7th Street

PO Box 3930

Coeur’d’Alene ID 83814

Email us at: team@worldplayground.co

Under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Please note that this procedure is exclusively for notifying World Playground that your copyrighted material has been infringed. The preceding requirements are intended to comply with World Playground’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

10. Intellectual Property.

Trademarks

The “World Playground” name and all associated graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress in the United States. World Playground’s trademarks and trade dress may not be used, including as part of trademarks 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 the prior written permission of World Playground.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”), provided by you to us through the Website are non-confidential and shall become the sole property of World Playground. World Playground shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you

11. Disclaimers.

We reserve the right to change any and all content within the Website and any service offered through the Website at any time without notice.

We provide the Website “AS IS” and assume no responsibility for any failure to provide the Website to you. The Website may be temporarily unavailable from time to time for maintenance or other reasons. We may discontinue the Website or any products or services available through the Website at any time and for any reason. We are not responsible for any problems or technical malfunction of any telephone or cable network or lines, servers or providers, computer equipment, software, failure of email, or technical problems or traffic congestion on the Internet or on or through the Website, including injury or damage to Users or to any other person’s devices related to or resulting from use of the Website.

Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user data, financial damages, lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Website. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, and that to the fullest extent permitted by law, we EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND SATISFACTORY QUALITY.

12. Limitation of Certain Damage Types.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED OR PROHIBITED, IN NO EVENT WILL WORLD PLAYGROUND OR ANY OF ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE WEBSITE, EVEN IF ANY OF US ARE AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Limitation of Liability Amount.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US FOR THE WEBSITE AT ISSUE IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM AND $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR A SERVICE, YOU SHALL BE LIMITED TO, AT MOST, INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND SHALL NOT BE ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (i) DEATH OR PERSONAL INJURY RESULTING FROM OUR WILLFUL MISCONDUCT; (ii) FRAUD OR FRAUDULENT MISREPRESENTATIONS; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.

14. Disputes, Governing Law, Venue, and Jurisdiction.

By using the Website, you agree that these Terms of Use shall be governed by the laws of the State of California, without regard to its conflict of law provisions.

For any cause of action initiated against World Playground relating to these Terms of Use, you and World Playground agree to submit to the exclusive and personal jurisdiction of the courts located in the State of California.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, then we nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. The language of these Terms of Use shall be construed as to its fair meaning and not strictly for or against any party.

15. Arbitration Agreement & Dispute Resolution

Please read this Arbitration Agreement carefully. It is part of your contract with World Playground and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Website or to any other aspect of your relationship with World Playground will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or World Playground may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior Agreement. NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST WORLD PLAYGROUND ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH WORLD PLAYGROUND, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST WORLD PLAYGROUND IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”).

The Notice to World Playground should be sent to:

World Playground

111 N 7th Street

PO Box 3930

Coeur’d’Alene ID 83814

World Playground will send any Notice to you to the physical address we have on file associated with your account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Payment of all filing, administration, and arbitration fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, World Playground will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.

Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and World Playground. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and World Playground.

Waiver of Jury Trial. YOU AND WORLD PLAYGROUND EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and World Playground are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and World Playground over whether to vacate or enforce an arbitration award, you and World Playground waive all rights to a jury trial, and elect instead to have a judge resolve the dispute.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor World Playground is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in Section 12 (Disputes, Governing Law, Venue and Jurisdiction) above.

Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor World Playground can force the other to arbitrate. To opt out, you must notify World Playground in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your World Playground username (if any), the email address you used to set up your World Playground account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: team@worldplayground.co. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

Exclusive Venue. To the extent the parties are permitted under these Terms of Use to initiate litigation in a court, both you and World Playground agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Los Angeles within the State of California.

16. Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs (including attorneys’ fees), and expenses, arising out of or in connection with your use of the Website or any violation of these Terms of Use.

PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.

17. Notice to California Residents

Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

18. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by World Playground without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

19. Entire Agreement

This Agreement, together with the Privacy Policy, Cookie Policy and any other policies linked to in this Agreement, constitute the entire and exclusive understanding and agreement between you and World Playground regarding your use of and access to the Website, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. World Playground may offer promotions from time to time. While promotions are subject to these Terms of Service and the Privacy Policy, there may be additional terms and conditions governing those promotions.

20. Severability

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall be given effect to the greatest extent possible and shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

21. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and World Playground’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

22. Copy/Save Agreement

You agree to print or save a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all disclosures electronically sent via email or posted on the Website.

23. No Agency or Joint Venture

Neither this Agreement nor the use of the Website shall be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and World Playground.

24. Electronic Delivery of Communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your use of the Service. Website include, but are not limited to, agreements and policies (e.g., the World Playground Terms of Service and Privacy Policy), including updates to these agreements or policies;

We will provide these Communications to you by posting them on the Website and/or by emailing them to you at the email address you have provided to us. Please note that if we make material changes to the Communications, we will send you an email that summarizes what those changes are, how such changes may impact you and your rights and a link to the updated Communications.

You may withdraw your consent to receive Communications electronically by writing to us at:

World Playground

111 N 7th Street

PO Box 3930

Coeur’d’Alene ID 83814

or by contacting us via the “Contact” link on the Website. If you fail to provide your consent or if you withdraw your consent to receive Communications electronically, World Playground reserve the right, within our or their discretion and at our or their election, to either deny your use of the Website or restrict, close or deactivate your account, or charge you additional fees for paper copies.

If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file as your physical address in your account on the Website. If you request paper copies, you understand and agree that World Playground may charge you a records request fee of up to $5 for each Communication.

It is your responsibility to keep your email address up to date so that World Playground can communicate with you electronically. You understand and agree that if World Playground sends you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, World Playground will be deemed to have provided the Communication to you.

Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add World Playground to your email address book so that you will be able to receive the Communications we send to you.

You can update your email address or street address at any time by logging into the Website, going to the and updating your account settings. If your email address becomes invalid such that electronic Communications sent to you by World Playground are returned, World Playground may deem your account to be inactive, and you will not be able to transact any activity using your account until we receive a valid, working email address from you.

25. Survival

Sections 6 and 8-25 survive termination or expiration hereof.

World Playground Terms & Conditions

Effective Date: February 28, 2024

Last Updated: February 28, 2024

1. Acceptance of the Terms of Use.

By accessing or using the World Playground websites offered by World Playground (“World Playground,” “we,” “us” or “our”) websites, including at https://www.worldplayground.co, and https://members.worldplayground.co (collectively, the “Websites” or this “Website”), you (the “User” or “you”) confirm that you have read, understand and agree to be bound by these terms of use (“Terms of Use”). Please read the Terms of Use carefully and print a copy for your records.

IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE OR MAKE ANY PURCHASES OR PLACE ANY DEPOSITS ON OR THROUGH THE WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT ALL SALES AND DEPOSITS PLACED FOR TRIPS OFFERED THROUGH THE WEBSITE ARE FINAL AND THAT YOUR PURCHASE, DEPOSIT AND SUBSCRIPTION MADE HEREUNDER ARE NON-REFUNDABLE. NO REFUNDS WILL BE PROVIDED UNDER ANY CIRCUMSTANCES, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW. PLEASE REVIEW THE TERMS SPECIFIC TO DEPOSITS FOR TRAVEL BOOKINGS IN SECTION 5 BELOW.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS CONTAIN SUBSCRIPTION SERVICES FOR MEMBERSHIP AND ACCESS TO THE MEMBER SITE, IF YOU ELECT TO PURCHASE A MEMBERSHIP AND ACCESS TO THE MEMBER SITE, WHICH CONTEMPLATE AUTOMATIC RENEWAL AND ASSOCIATED AUTOMATIC CHARGING OF YOUR SELECTED PAMENT METHOD, AS FURTHER DESCRIBED BELOW.

PLEASE BE AWARE THAT SECTION 16 OF THESE TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WORLD PLAYGROUND HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST WORLD PLAYGROUND TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 16 OF THESE TERMS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST WORLD PLAYGROUND ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION PROVISIONS SET FORTH IN SECTION 16 OF THESE TERMS COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING CLASS ACTION LITIGATION. PLEASE SEE SECTION 16 FOR MORE INFORMATION REGARDING THESE ARBITRATION PROVISIONS, INCLUDING THE ARBITRATION PROVISIONS’ IMPACT ON THE PENDING CLASS LITIGATION AND HOW TO OPT OUT OF ARBITRATION. THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

2. Changes to these Terms of Use.

By accessing our Website, you acknowledge that we have the right to revise and amend these Terms of Use without prior notice. Your continued use of the Website following our posting of any such changes will mean that you accept such changes. Notwithstanding the foregoing, in the we will notify you at the most current email address provided to us in the event that we make any material changes to these Terms of Use, and you will be presented with the updated Terms of Use, to agree to at that time.

3. The Website is for Use by Individuals 18 years of age and older.

The Website is intended solely for natural persons who are eighteen (18) years of age or older, and any registration by, use of, or access to the Website by any person under 18 is unauthorized and in violation of these Terms of Use. We may terminate your use of the Website without notice if we believe you are less than 18 years old. By using the Website, you represent and warrant that, you are a natural person, you are 18 or older, and that you agree to and will abide by all of the terms and conditions of these Terms of Use.

4. Website Subscriptions and Purchases; Third Party Payment Processors

By accepting this Terms of Use, you agree to pay all applicable fees due for your access to and subscription to the Website, including where your purchase a membership to the member website and perks, specifically (the “Member Site”). Your subscription to the Member Site will continue to renew for the applicable renewal term unless you affirmatively go to your account and cancel your subscription. You are responsible for all subscription and recurring fees unless and until you affirmatively cancel your subscription. You agree to provide World Playground with accurate and complete information about you and you authorize World Playground to share such information, and the transaction information related to our use of the Member Site, with the applicable third party payment processor as necessary to facilitate your transaction. Access to the Member Site, and trip bookings made through the Member Site, are further described in Section 5 below. We reserve the right to adjust our pricing for the Member Site in our sole discretion and at any time. We hope that you enjoy your subscription and if you are dissatisfied at any time, please reach out to us and we will try to make it right. PLEASE NOTE THAT ALL FEES DUE FOR YOUR ACCESS TO THE WEBSITE AND/OR ANY PURCHASE MADE THROUGH THE WEBSITE, ARE NON-CANCELLABLE AND NON-REFUNDABLE. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU BE REMITTED A REFUND OR OTHERWISE PROVIDED ANY KIND OF CREDIT OR REIMBURSEMENT OF FEES, EXCEPT WHERE OTHERWISE PROHIBITED BY APPLICABLE LAW. Further, you acknowledge and agree that payments made through the Website will be processed by World Playground’s third party payment processor (e.g., Stripe), and as such, you must agree to, and comply with, such third party’s applicable terms of use, which shall be separate from this Terms of Use, and governed exclusively by such third party. You acknowledge and agree that any payment processing by our designated third party payment processor shall be governed by such third party’s respective terms and that the designated third party will be solely and primarily liable to you for any loss or damage related thereto. World Playground will not have any liability for your use of, or interaction with, the applicable third party payment processor.

5. Travel Bookings, Specifically

Once you purchase a membership to the Member Site, you will have access to our travel bookings and travel concierge services to book certain adventures and/or have us assist you in booking personalized, luxury travel and adventures (the “Adventures”). For more specific information and facts about our Adventures, please visit https://worldplayground.co/faq/.

By agreeing to this Terms of Use, you approve the quote and/or proposal provided by World Playground and/or the listed third party travel management system (e.g., https://travefy.com/) and you acknowledge that your travel professional may begin making bookings on your behalf as indicated in the quote and/or proposal and that you will be liable and responsible for any fees due as set forth below:

GROUP ADVENTURES: Payments are structured into three stages:

Payment #1: Secure your spot with a nonrefundable $1,000 USD deposit by clicking the BOOK YOUR SPOT button at the top of the Adventure page.
Payment #2: After receiving your $1,000 deposit, we will promptly invoice you for the remaining deposit, bringing your total payment to 50% of the Adventure cost.
Payment #3: The final 50% will be invoiced 190 days before the Adventure commences, with the payment due 180 days prior to the start date.

PERSONAL TRAVEL: Payments are structured into two stages:

Payment #1: Following the approval of your travel proposal, we will promptly issue an invoice for 50% of the adventure cost if you are more than 190 days away from the commencement of your trip.
Payment #2: The final 50% will be invoiced 190 days before the adventure commences, with the payment due 180 days prior to the start date.

We accept various payment methods, including credit cards, debit cards, online payment gateways, ACH transfers, and bank wires (domestic and international).

Please see our cancellation policy, broken out by the type of Adventure, as set forth below:

GROUP ADVENTURE:

Cancellations made more than 180 days before the commencement of the Adventure will lead to the retention of your existing payments, which will be held by us as a credit that can be applied to a future Adventures booked through us, whether it pertains to group or personal travel, relieving you of any obligation to settle the remaining 50% of the adventure cost.

Cancellation within 180 days of the commencement of an Adventure will result in the forfeiture of payments made to date (e.g., you will lose the deposit paid and it will not be applied as a credit to future Adventures). However, you will not be responsible for the remaining 50% of the Adventure cost.

PERSONAL TRAVEL:

All cancellations must be delivered via email to travel@worldplayground.co.
Arrival delays or early departure during any trip will not result in a refund, and no reimbursements will be provided for any unused portions of a trip.
We strongly recommend acquiring travel insurance for every trip.

You understand and agree that there is certain inherent risk and danger involved in some of the Adventures you select, including travel to countries that may have travel advisories or warnings in place. YOU ASSUME ALL RISK OF LOSS, DAMAGE, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSS OR DESTRUCTION ARISING OUT OF OR RELATED TO ANY ADVENTURES, INCLUDING WITHOUT LIMITATION, WHERE RESULTING FROM YOUR INTERACTION WITH OTHER MEMBERS. YOU UNDERSTAND AND AGREE THAT YOU WILL BE REQUIRED TO SIGN WORLD PLAYGROUND’S WAIVER AND RELEASE AS A CONDITION TO YOUR PARTICIPATION IN ANY ADVENTURES AND YOUR FAILURE TO SIGN ANY SUCH WAIVER WILL PREVENT YOU FROM BEING ABLE TO PARTICIPATE IN THE ADVENTURES. TO THE FULLEST EXTENT PERMITTED BY LAW, WORLD PLAYGROUND WILL NOT BE LIABLE FOR AND YOU HEREBY IRREVOCABLY RELEASE WORLD PLAYGROUND FROM, ANY AND ALL LOSSES, LIABILITIES, DAMAGES AND/OR CLAIMS RELATING TO OR ARISING OUT OF YOUR PARTICIPATION IN ANY ADVENTURES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CERTAIN UNFORESEEN CIRCUMSTANCES SUCH AS PANDEMICS, COUNTRY CLOSURES AND/OR GOVERNMENT REGULATIONS MAY DISRUPT OR CANCEL ADVENTURES AND AS SUCH, WORLD PLAYGROUND WILL NOT HAVE ANY LIABILITY FOR ANY DISRUPTION OR DELAY RESULTING THEREFROM. WORLD PLAYGROUND HIGHLY RECOMMENDS THAT YOU PURCHASE TRAVEL INSURANCE FOR YOUR ADVENTURES IN THE EVENT OF ANY UNFORESEEN CIRCUMSTANCES THAT MAY RESULT IN DISRUPTION OR CANCELLATION OF THE ADVENTURES.

6. Website Use Restrictions.

Without our prior written consent, you may not:

Use any automated means to access this Website or collect any information from the Website (including, without limitation, robots, spiders, scripts, or other automatic devices or programs);
Frame the Website in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any Website’ pages, or otherwise affect the display of any pages on the Website;
Engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
Use the Website in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website; or
Access, use or monitor our Website for benchmarking or any direct competitive purposes.

We may immediately terminate or disable your access to these Website for any reason, with or without cause and without notice, including if we believe that you have violated or acted inconsistently with these Terms of Use.

7. User Representations.

In addition, you agree not to use the Website to:

Except where authorized by us, register for more than one User account, register or operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;
Upload, post, transmit, share, store, or otherwise make publicly available through the Website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers, unless expressly authorized to do so by that third party;
Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website; or Use or attempt to use another’s account without authorization from that person, or create a false identity through the Website.

8. Information Posted through the Website.

As between us and you, all content made available on or through the Website, whether uploaded, published, or displayed by us, including designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement is the property of World Playground (collectively the “World Playground Content”). To the best of our knowledge, we use only content that we own or have permission to use. No World Playground Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the our, or the respective owner’s, prior written permission. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise to any World Playground Content.

You are solely responsible for the information that you post on or through the Website and your conduct regarding the Website, including where you connect with other members. By posting information to or through the Website, you agree to (a) provide accurate, current, and complete information; (b) maintain the security of your password and identification, to the extent you are provided a password and identification; (c) promptly notify us of any changes to information or circumstances that could affect your eligibility to continue using the Website; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You acknowledge and agree that we are not responsible for any discussions or interactions you have with other members through your use of the Website and that all such discussions and interactions are at your sole risk. We may remove your content and information at any time if we reasonably believe it violates this Terms of Use, any law, or reflects unfavorably upon World Playground or otherwise portrays World Playground and/or any other member in a negative way.

9. Consent to be Contacted.

To the extent required by applicable law, we ensure we make the proper disclosures and obtain consumer consent when collecting your contact information.

10. Copyrights and DMCA Notice.

It is World Playground’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Site (e.g., a URL);
Information reasonably sufficient to permit World Playground to contact you, such as your address, telephone number, and, email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice

World Playground

111 N 7th Street

PO Box 3930

Coeur’d’Alene ID 83814

Email us at: team@worldplayground.co

11. Intellectual Property.

Trademarks

Submissions

12. Disclaimers.

We reserve the right to change any and all content within the Website and any service offered through the Website at any time without notice, which includes all pricing and price lists related to membership and/or any Adventures.

We provide the Website “AS IS,” with all faults, and assume no responsibility for any failure to provide the Website to you. The Website may be temporarily unavailable from time to time for maintenance or other reasons. We may discontinue the Website or any products or services, including any Adventures, made available through the Website at any time and for any reason. We are not responsible for any problems or technical malfunction of any telephone or cable network or lines, servers or providers, computer equipment, software, failure of email, or technical problems or traffic congestion on the Internet or on or through the Website, including injury or damage to Users or to any other person’s devices related to or resulting from use of the Website.

13. Limitation of Certain Damage Types.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED OR PROHIBITED, IN NO EVENT WILL WORLD PLAYGROUND OR ANY OF ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE WEBSITE, EVEN IF ANY OF US ARE AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Limitation of Liability Amount.

TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, OUR LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US FOR THE WEBSITE AT ISSUE IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR $100.00 USD. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR A SERVICE, YOU SHALL BE LIMITED TO, AT MOST, INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND SHALL NOT BE ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION.

15. Disputes, Governing Law, Venue, and Jurisdiction.

By using the Website, you agree that these Terms of Use shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

16. Arbitration Agreement & Dispute Resolution

The Notice to World Playground should be sent to:

World Playground

111 N 7th Street

PO Box 3930

Coeur’d’Alene ID 83814

17. Indemnity

PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.

18. Notice to California Residents

19. Assignment

20. Entire Agreement

21. Severability

22. No Waiver

23. Copy/Save Agreement

24. No Agency or Joint Venture

Neither this Agreement nor the use of the Website shall be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and World Playground.

25. Electronic Delivery of Communications and Electronic Execution

You agree that these Terms of Use may be electronically signed and that the affirmative consent via check-box or click-through and/or electronic signature accepting these Terms of Use are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

You may withdraw your consent to receive Communications electronically by writing to us at:

World Playground

111 N 7th Street

PO Box 3930

Coeur’d’Alene ID 83814

26. Survival

Sections 4-26 survive termination or expiration hereof.

Let The Adventures Come To You

Your ticket to adventure awaits!

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"Dragons Of Paradise" Inquiry

Soneva Fushi • Romance Package

Soneva Fushi • Stay 11 / Pay 8

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Customize My Adventure

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"Humpback Heaven" / Pre-Register For 2025

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United Arab Emirates / Pre-Register

"Rising Sun Expedition" / Pre-Register

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Soneva Jani • Romance Package

Soneva Jani • Stay 11 / Pay 8

Soneva Jani • Stay 7 / Pay 5

Soneva Jani • Stay 4 / Pay 3

"Frozen Wilderness" / Pre-Register

"King Of The Jungle" Inquiry

"Safari & Sand" Inquiry

"Safari & Silverbacks" Inquiry

Rwanda / "Silverback Safari"

Maldives / Soneva Fushi Inquiry

Maldives / "Overwater Paradise" Inquiry

Tanzania / TAASA Lodge Inquiry