Terms of Use

Last Updated: January 7th 2016

PLEASE CAREFULLY READ CHILDS PLAY TERMS OF USE BEFORE USING THE CHILDS PLAY WEBSITE. THESE TERMS OF USE ARE A BINDING CONTRACT THAT GOVERNS USE OF THE CHILDS PLAY WEBSITE AND RELATED SERVICES, EXEMPTS CHILDS PLAY AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, SPECIFIES THE JURISDICTION FOR RESOLUTION OF DISPUTES, AND CONTAINS OTHER IMPORTANT PROVISIONS.

EACH TIME YOU ACCESS OR USE THE CHILDS PLAY WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE MOST CURRENT VERSION OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE CHILDS PLAY WEBSITE.

1. Your Acceptance of these Terms of Use

These Terms of Use are a legal agreement between you and CHILDS PLAY (and its associated company 0808391 B.C. LTD) regarding your access to and use of the CHILDS PLAY website located at www.ezpzchildsplay.com (the “Website”). Each time you access or use any aspect of the Website, you signify your acceptance and agreement, without limitation or qualification, to be bound by the most current version of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use the Website. These Terms of Use are in addition to any other agreement you may have with CHILDS PLAY.

2. Changes

CHILDS PLAY in its discretion may change these Terms of Use at any time by posting the changed Terms of Use on the Website. The changed Terms of Use are effective immediately upon posting on the Website, unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Website after these Terms of Use have been changed, you signify your acceptance and agreement to the changed Terms of Use. You may not change, supplement or amend these Terms of Use in any manner

3. Permissible Users

The Website may be used only by individuals who are the age of majority in their jurisdiction of residence and who can form legally binding contracts under applicable law. The Website may not be used by an individual in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. You may not use the Website if you breach these Terms of Use or if your permission to use the Website has been suspended or terminated by CHILDS PLAY

4. Other Agreements for CHILDS PLAY Products/Services

These Terms of Use related to the Website only and this Beta (“free promotion”) version. Your use of CHILDS PLAY’s products and services may be governed by other applicable agreements prescribed by CHILDS PLAY at a future date.

5. Personal Information Privacy

By using the Website you consent to the collection, use, retention, disclosure and deletion of your personal information in accordance with CHILDS PLAY’s Privacy Policy as amended from time to time and as otherwise permitted by applicable law

6. Permissible Use

You may use the Website solely for your lawful, personal, non-commercial purposes, in the manner permitted by the Website, and subject to these Terms of Use and all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.

The Website and its content may not be copied, reproduced, imitated, republished, translated, uploaded, posted, publicly displayed, communicated or made available to the public, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of CHILDS PLAY

7. Ownership of Website

Copyright © 2015 CHILDS PLAY. All rights reserved. The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement and look and feel of those elements and the Website as a whole) and all related proprietary rights (including copyright) are owned solely by CHILDS PLAY and its licensors, and are protected by Canadian and international copyright and other intellectual property laws. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content. All rights not expressly granted by these Terms of Use are reserved by CHILDS PLAY.

8. Feedback

If your give feedback about the Website or any CHILDS PLAY products or services (including any ideas or suggestions for enhancements or improvements) to CHILDS PLAY (by direct communication or by posting comments with your feedback on the Website), then CHILDS PLAY and its suppliers and licensors and their respective successors, assigns and licensees may use and commercialize the feedback in any way and for any purpose without providing any compensation or attribution to you or any other person

9. Trademarks

CHILDS PLAY easy peasy activity finder and registration™, the CHILDS PLAY logo and related trademarks and symbols are registered or unregistered trademarks and service marks owned or licensed by CHILDS PLAY. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of those trademarks, service marks or trade names

<10. Linked Sites

For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively “Linked Sites”). Linked Sites are independent from CHILDS PLAY, and CHILDS PLAY does not endorse, and has no responsibility or liability for or control over, Linked Sites or their business, goods, services or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites are at your own risk, and you will not make any claim against CHILDS PLAY arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.

11. Prohibited Activities

You will not: (a) circumvent the ordinary navigational structure or presentation of the Website or its content; (b) access or obtain the Website content or other data by any means that is not purposely made available to you by the Website; (c) gain unauthorized access to any part of the Website or its content, or any related system, network, service, or data, by hacking, password mining or any other means; or (d) test or tamper with the security of the Website or interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website.

Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies or any similar or equivalent manual process) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that the posting may be viewed by other users of the Website.

Deep links to a Website without the express written permission of CHILDS PLAY are strictly prohibited. CHILDS PLAY in its discretion may cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.

12. Website Forums/Comments

Certain parts of the Website may include discussion forums and places for users to post comments. Access to and use of those functionalities may be subject to additional terms and conditions presented by CHILDS PLAY or its service providers. If you do not accept and agree to those additional terms and conditions, you may not be able to access or use those functionalities.

CHILDS PLAY is not obliged to monitor or policy the use of the Website or screen, police, edit or remove postings of materials to the Website and its blogs, discussion forums or user comments, although CHILDS PLAY reserves the right to do so in its discretion and without any notice or liability to you or any other person.

CHILDS PLAY reserves the right to refuse to post or to remove any materials, in whole or in part, that CHILDS PLAY in its discretion considers to be unacceptable, undesirable, or in violation of the CHILDS PLAY Website Terms of Use.

If you post or submit comments, content or other materials to the Website and its blogs, support forums, and any other discussion forums: (a) you are fully responsible for the comments, content and other materials; (b) you hereby grant to CHILDS PLAY and all other Website users permission to access, view, store, copy, reproduce, distribute, display, perform, and reproduce the materials (in whole or in part) in any of the ways facilitated or provided by the Website; and (c) you represent and warrant to CHILDS PLAY and all Website users that their use of the materials does not and will not violate or infringe the rights (including intellectual property, privacy and personality rights) of any other person or any applicable laws.

13. Complaints/Copyright Infringement Notices

CHILDS PLAY will respond as it considers appropriate, in its discretion, to all notices and complaints regarding alleged violations of the CHILDS PLAY Website Terms Of Use or other alleged misconduct, including removing any and all offending submissions and postings from the Website without any notice or liability to your or any other person. CHILDS PLAY is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands they may receive regarding any materials submitted or posted to the Website or otherwise used in connection with the Website before CHILDS PLAY takes remedial action regarding the materials.

If you have a complaint regarding the Website or content posted on the website, please send an email with details of your complaint to info@ezpzchildsplay.com

14. Disclaimer

CHILDS PLAY DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ANY OF THE FOLLOWING: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY CHILDS PLAY TO THE FULLEST EXTENT PERMITTED BY LAW.

15. Liability Exclusions/Limitations/Indemnity

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL CHILDS PLAY OR ITS AFFILIATED COMPANIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR ANY RELATED MATTER (INCLUDING YOUR USE OF THE WEBSITE). IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THESE TERMS OF USE CHILDS PLAY GROUP IS LIABLE TO YOU OR ANY OTHER PERSON RELATING TO THE WEBSITE OR ANY RELATED MATTER (INCLUDING YOUR USE OF THE WEBSITE), THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL CHILDS PLAY GROUP’S TOTAL AGGREGATE LIABILITY EVER EXCEED CDN$5.00. THIS SECTION 15 APPLIES TO LOSS AND DAMAGE HOWEVER CAUSED AND TO LIABILITY UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY CHILDS PLAY OR ANY PERSON FOR WHOM CHILDS PLAY IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE OR THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, OR CHILDS PLAY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE LOSS OR DAMAGE BEING INCURRED.

YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS CHILDS PLAY GROUP FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING LEGAL FEES), CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, OBLIGATIONS AND LIABILITIES (INCLUDING LEGAL FEES, EXPENSES AND SETTLEMENT PAYMENTS) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE (INCLUDING YOUR COMMENTS OR POSTING OF MATERIALS TO THE WEBSITE) OR ANY NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF USE. NOTWITHSTANDING THE FOREGOING IN THIS SECTION 15, CHILDS PLAY GROUP RETAINS THE RIGHT TO PARTICIPATE (WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE) IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY THIRD PARTY CLAIM, COMPLAINT, DEMAND, ACTION, SUIT OR PROCEEDING.

IN THIS SECTION 15, “CHILDS PLAY” MEANS CHILDS PLAY AND EACH OF ITS LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND CORPORATE PARENTS AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.

16. Changes to Website / Termination of Use

If you breach these Terms of Use, you may no longer use the Website.

Notwithstanding any other provision of these Terms of Use, CHILDS PLAY in its discretion and for its sole convenience may: change, discontinue, modify, restrict, suspend or terminate the Website or any of its content at any time without any notice or liability to you or any other person; and immediately suspend or terminate your permission to access and use the Website at any time without any notice or liability to you or any other person.

If your permission to use the Website is terminated for any reason, then these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website.

17. Governing Law and Disputes

These Terms of Use, your use of the Website and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.

All disputes arising from, connected with or relating to these Terms of Use, your use of the Website or any related matter will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver, and you and CHILDS PLAY each hereby irrevocably submit and attorney to the original and exclusive jurisdiction of that court in respect of all disputes, except that CHILDS PLAY in its discretion may commence legal proceedings against you in the courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use and protect CHILDS PLAY’s rights in, to and associated with the Website and its content.

18. Other Matters

No consent or waiver by CHILDS PLAY to or of any breach of these Terms of Use by you will be effective unless in writing and signed by CHILDS PLAY or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms of Use, CHILDS PLAY’s rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which CHILDS PLAY may be lawfully entitled under these Terms of Use or at law, and CHILDS PLAY will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms of Use will ensure to the benefit of and be binding upon you and CHILDS PLAY and your respective successors and permitted assigns. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without CHILDS PLAY’s express prior written consent, which consent may be withheld in CHILDS PLAY’s discretion. CHILDS PLAY may, without your consent, assign these Terms of Use or any of CHILDS PLAY’s rights, duties or obligations under these Terms of Use.

In these Terms of Use: (a) a reference to “Terms of Use”” and other similar terms refers to these Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only and do not define, limit or enlarge the scope or meaning of these Terms of Use or any of its provisions; (c) words importing the singular number only include the plural and vice versa; (d) words importing a gender include both genders; (e) “person” includes an individual, corporation, partnership, joint venture, association, trust, unincorporated organization, society and any other legal entity; (f) “including” and “includes” mean including or includes (as applicable) without limitation or restriction; (g) “law” includes common law, equity, statutes, regulations, ordinances and orders in council, and reference to a specific law includes all regulations, and ordinances and orders in council and mandatory guidelines and directives made or issued under the law; and (h) “discretion” means a person’s sole, absolute and unfettered discretion.

These Terms of Use set forth the entire agreement between you and CHILDS PLAY regarding your use of the Website. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and CHILDS PLAY regarding the Website.

You and CHILDS PLAY have each expressly requested and required that these Terms of Use be drawn up in the English language.