Terms of Service for
Friendship Package Subscription and Marketing Services with The Play District, LLC:
Please read these Terms of Service carefully before purchasing a Friendship Package (Subscription) or Marketing Services from The Play District, LLC (“The Play District”). By purchasing a Friendship Package, you ("You" or "the business") agree to be bound by the following Terms of Service. .
1. Friendship Package Tiers: a. Friendship packages are available in Tier 1, Tier 2, and Tier 3 options. Each tier offers different features and benefits. b. Tier 2 and Tier 3 plans require a minimum 6-month commitment from the business. Early cancellation of the Tier 2 or Tier 3 plan will be subject to an early cancellation charge as outlined in section 5.
2. Payment and Billing: a. Upon purchasing a Friendship Package, You agree to be charged on a monthly basis, with such charges occurring on the same day of each month, unless the date occurs on a weekend or holiday, then You agree to be charged on the next business day. b. In the event You purchase the entire year up-front, You agree to remit payment for the entire year at the time of purchase, minus one (1) month. c. You agree to maintain a credit card on file that will be automatically charged each month or year for the applicable dues. D. You agree to maintain accurate credit card information on file with Stripe, and that if the credit card information on file expires or becomes invalid the services will be suspended unless or until the credit card information is updated.
3. Social Media and Content Creation: a. You agree to The Play District providing social media promotion and content creation services as part of the Friendship Package. b. You agree to bear the cost of all expenses and incidentals related to social media promotion and content creation, including but not limited to tickets, entry, food/meals, and product.
4. Promotion Non-Guarantee: a. You agree that The Play District does not guarantee specific results or outcomes from any promotion conducted as part of the Friendship Package. LLC.
5. Early Cancellation and Refunds: a. Tier 2 and Tier 3 plans require a minimum 6-month commitment. You agree to an early cancellation fee, to be determined by The Play District based upon the remaining duration of the commitment, in the event of early termination of a Tier 2 or Tier 3 plan. The amount of the cancellation fee will be only communicated to You following your cancellation of the services under either Tier. You agree there will be no refunds of any fees or charges paid to The Play District prior to the cancellation of services.
6. Termination of Services: a. The Play District reserves the right to terminate services and sever ties with You at any timeat its sole discretion. . You agree that if The Play District exercises its right to cancellation under this paragraph, no refunds will be provided to You for any unused portion of the Friendship Package, or any fees already paid.
7. Modifications to Terms of Service: a. The Play District reserves the right to modify these Terms of Service at any time. Any changes will be effective immediately upon posting the updated Terms of Service on its website or notifying You directly. b. It is the responsibility of the business to review the Terms of Service periodically for any updates or changes.
8. Business Responsibilities: a. You agree to keep listing(s) up to date with current and accurate information and will promptly update your business information following any changes to your contact information, business hours, location, or any other relevant details. d. You agree to hold The Play District harmless for any inaccuracies or outdated information in the your business's listing(s) resulting from failure to provide accurate information.
9. Non-Solicitation. You agree to not directly solicit any employees or contractors of the Play District during the term of your purchased Friendship Package. Any modifications or exceptions to this Paragraph require the prior written consent of The Play District.
By purchasing the Friendship Package, you acknowledge that you have read and understood these Terms of Service. . If you do not agree to these Terms of Service or any part thereof, , do not proceed with the purchase of the Friendship Package..
Online Terms of Use
Agreement between User and www.theplaydistrict.com
The www.theplaydistrict.com website (the "Site") is comprised of various web pages operated by The Play District, LLC ("The Play District"). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
The Site provides a resource to the local community and is therefore a Resource Site. It offers business listings and advertising for local and national businesses.
Privacy
Your use of the Site is subject to The Play District's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Site or sending emails to The Play District constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
While using the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You agree that The Play District is not responsible for third party access to your account that results from theft or misappropriation.. The Play District reserves the right to refuse or cancel service, terminate accounts, and remove or edit content in its sole discretion.
Children Under Thirteen
The Play District collects personally identifiable information from children under the age of thirteen. The Play District collects this information for the following reason(s):
The collection of ages ranges and specific birthdays helps us better serve your search needs throughout our website and email newsletters. This information is only used internally and will not be sold or given out to others.
If you are under the age of thirteen, you must ask your parent or guardian for permission to use the Site . If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use the Site only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites"). Linked Sites are not under the control of The Play District and The Play District is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Play District is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Play District of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that The Play District may share such information and data with any third party with whom The Play District has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of Use. As a condition of your use of the Site, you agree you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Play District or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Play District content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you agree not to delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of The Play District and the copyright owner. You agree that you do not acquire any ownership rights in any protected content through your use of the Site. We do not grant you any licenses, express or implied, to the intellectual property of The Play District or our licensors except as expressly authorized by these Terms.
International Users
The Site is controlled, operated, and administered by The Play District from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Play District Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless The Play District, its officers, directors, employees, contractors, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site,, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Play District reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Play District in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE PLAY DISTRICTAND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES to THE SITE AT ANY TIME.
THE PLAY DISTRICT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE PLAY DISTRICT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PLAY DISTRICT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PLAY DISTRICTOR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
The Play District reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Jurisdiction and Venue
To the maximum extent permitted by law, and regardless of conflicts of law principles, these Terms of Use are governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of the Superior Court of Pima County, Arizona for all disputes arising out of or relating to the use of the Site and/or these Terms. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Miscellaneous
You agree that no joint venture, partnership, employment, independent contractor, or agency relationship exists between you and The Play District as a result of these Terms or your use of the Site. The Play District's performance of these Terms are subject to existing laws and legal process, and nothing contained in these Terms is in derogation of The Play District's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Play District with respect to such use. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and The Play District with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Play District with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.
Changes to Terms
The Play District reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. The Play District encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
The Play District welcomes your questions or comments regarding the Terms:
The Play District, LLC
PO Box 31421
Tucson, Arizona 85751
Email Address:
hello@theplaydistrict.com
Effective as of August 15, 2023