Welcome to PlayworksU, operated by Playworks Education Energized (“Playworks” or “we” or “us” or “our”). Playworks is a nonprofit organization that believes in the power of play to bring out the best in every child. PlayworksU is an online platform that aims to provide its users with the knowledge, tools, and ongoing support they need to facilitate safe and healthy play and make the most out of recess. PlayworksU provides Playworks-produced online course materials, including instructional videos.
By subscribing to PlayworksU, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this agreement (“Agreement”).
1.2. Subscription Type
Playworks offers access to PlayworksU through different types of subscriptions. A “Subscription” refers to a right to use the applicable portion of PlayworksU as specified in the online form you completed when you initially subscribed to PlayworksU (“Order Form”).
1.3. Subscription Term
You may access PlayworksU for the term specified in the Order Form.
1.4. Ongoing Subscription
Following the initial term, your Subscription will continue in effect on a recurring basis corresponding to the term of your Subscription unless and until you elect to cancel your Subscription. You must cancel at least thirty (30) days before your next renewal date to avoid the next billing. We will bill the periodic Subscription fee to the payment method you previously provided to us. If you elect to cancel your Subscription, cancellation will be effective at the end of the then-current term and you will have continued access to PlayworksU for the remainder of that period, but you will not receive a refund.
1.5. Termination by Playworks
2. Users and Accounts
2.1. Organization Users
For organizations, only the organization’s personnel may access PlayworksU. One individual, identified on the Order Form, will act as the account owner and be responsible for managing the relationship with Playworks. You will limit access to PlayworksU to the number of personnel specified in the Order Form and authorized by you to use PlayworksU. You will direct your personnel to use PlayworksU for only educational purposes.
2.2. Individual Users
For individuals, only the individual named on the Order Form may access PlayworksU.
2.3. User Account Log-ins
Each user will set up an account with a unique username and password (collectively “Log-in”). You will ensure that each Log-in is used only by the user to whom it was assigned, and will not be shared with or used by any other person. Multiple concurrent use with the same Log-in is prohibited. Organizations may reassign Log-ins to personnel who are replacing former users who have terminated employment or changed job function, so long as the total number of active users does not exceed the maximum number specified in the Order Form.
2.4. User Account Security
You will not permit any third party to use your Log-ins at any time and will notify Playworks promptly of any actual or suspected unauthorized use of your Log-ins. For organizations, you are solely responsible for all access to and use of PlayworksU by your individual users, for maintaining the confidentiality of all Log-ins, and for all activities that occur under these Log-ins.
3. Fees and Payment
You will pay all fees applicable to your Subscription type. You may request a full refund within 30 days of receiving your subscription access email by providing written notice to PlayworkU@playworks.org. After 30 days of access, you will not be entitled to any refunds or refunds of amounts previously paid, and, if fees are not already paid in full, will pay Playworks for the full annual subscription amount.
3.2. Payment by Credit Card or Debit Card
You will provide Playworks with valid and updated credit card or debit card information. You authorize Playworks to charge such credit or debit card for the applicable Subscription for the initial Subscription term and any renewal term(s). Such charges will be made in advance on an annual basis.
3.3. Other Forms of Payment
If the Order Form specifies that payment will be by a method other than a credit or debit card, Playworks will invoice you in advance in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced amounts are due thirty (30) days from the invoice date.
3.4. Billing and Contact Information
You are responsible for providing complete and accurate billing and contact information to Playworks and notifying us promptly of any changes to such information.
4. Data Collection and Privacy
4.1. Data Collection and Evaluation
We will collect and analyze data about how PlayworksU is being used in order to evaluate our impact, develop improvements, meet external reporting requirements, and support fundraising and school recruitment. You acknowledge that Playworks will own and retain all rights, title, and interest in the data collected through PlayworksU.
4.2. External Reporting
5. Disclaimer; No Warranties
PlayworksU is provided “as is,” “as available,” and “with all faults” without any express or implied warranties. We make no representations or warranties of any kind, whether oral or written, whether express, implied, or arising by statute, custom, course of dealing, or trade usage, with respect to: (a) the availability, timeliness, accuracy, quality, security, or reliability of PlayworksU; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of PlayworksU; (c) the deletion of, or the failure to store or to transmit, any content or other communications; (d) whether PlayworksU will meet your needs; and (e) any third party links, services, or information.
5.2. No Warranties
No advice or information, whether oral or written, obtained from Playworks or through PlayworksU will create any warranty not expressly made in this Agreement. To the fullest extent permissible under applicable law, Playworks expressly disclaims any and all implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
5.3. User Decisions
Playworks has no responsibility for your decisions or actions with respect to use of instructional videos, images, guides, tools, publications, resources, quizzes, surveys, and other materials provided on PlayworksU (“Playworks Content”). You are responsible for making your own evaluations, decisions and actions regarding use of Playworks Content and for the outcomes and consequences of such use. Playworks has not evaluated your facilities, environment, or personnel, and makes no representations or recommendations about the suitability of Playworks Content for you or your organization.
5.4. No Representations or Guarantees
You acknowledge that Playworks has not made and is not making any representations, warranties, promises, or guarantees of any kind about the success or outcome of use of Playworks Content including, without limitation, representations about improvements in school environment, academic performance, or student development. You and your organization are entirely responsible for use of Playworks Content.
5.5. Not Substitute for Physical Education
You acknowledge that use of Playworks Content is not a substitute for physical education or the work of credentialed physical education teachers. Playworks will not provide input or otherwise be involved in any way with respect to assigning grades to students in physical education courses or programs.
6. Liability and Indemnification
6.1. Limitation of Liability
Playworks will not be liable to you for any special, indirect, incidental, consequential, punitive, or exemplary damages arising out of or relating to this Agreement, even if Playworks has been apprised of the likelihood of such damages. In no event will Playworks be liable to you for damages arising out of or relating to (a) your inability to use PlayworksU, to train other users in your organization, if applicable, or any decision or action by you in reliance upon PlayworksU, or (b) the procuring, compiling, interpreting, editing, writing, reporting, or delivery of PlayworksU. Playworks’ total liability under this Agreement (including, without limitation, any amounts payable under Section 6.2) will not exceed the amount of fees paid by you or your organization for your Subscription during the twelve-month period preceding the event giving rise to such claim or two hundred dollars, whichever is greater, except that no such limitation will apply in respect of liabilities involving the gross negligence, willful misconduct, or fraud of Playworks.
You will indemnify, defend, and hold Playworks and its directors, officers, employees, agents, and assigns (collectively, “Playworks Indemnified Parties”) harmless against all claims, liabilities, losses, damages, and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of use of PlayworksU, or your actions or other matters related to your use of PlayworksU, including, without limitation, any claims by students, parents, or other third parties arising from a user’s activities or your use of Playworks Content. You will not have any obligation to indemnify any Playworks Indemnified Party to the extent the liability is solely caused by the gross negligence, willful misconduct, or fraud of such Playworks Indemnified Party.
7. Legal Compliance
7.1. Compliance with Law
You will comply with all applicable federal, state, and local laws in connection with your use of PlayworksU.
7.2. Cooperation with Law Enforcement
Courts or law enforcement authorities may request or direct Playworks to disclose the identity of anyone making available any materials believed to violate applicable laws or this Agreement. Playworks, in its discretion, will respond to such requests.
7.3. Compliance with Digital Millennium Copyright Act
Playworks’ policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Playworks to delete, edit, or disable the material in question, you must provide Playworks with all of the following information: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works on PlayworksU are covered by a single notification, a representative list of such works at PlayworksU; (c) identification of the copyrighted work claimed to be infringing; (d) adequate information that permits Playworks to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. General Provisions
8.1. Entire Agreement
This Agreement, together with the Order Form, expresses the final, complete, and exclusive agreement between you and Playworks, and supersedes any and all prior or contemporaneous written and oral agreements, arrangements, negotiations, communications, course of dealing, or understanding between Playworks and you relating to its subject matter.
This Agreement may be amended only as stated in and by a writing signed by both Playworks and you that recites that it is an amendment to this Agreement.
If any provision of this Agreement is held illegal, invalid, or unenforceable, all other provisions of this Agreement will nevertheless be effective, and the illegal, invalid, or unenforceable provision will be considered modified such that it is valid to the maximum extent permitted by law.
Any waiver of the provisions of this Agreement must be in writing and signed by the party granting the waiver. Waiver of any breach or provision of this Agreement will not be considered a waiver of any later breach or of the right to enforce any provision of this Agreement.
Neither you nor Playworks may assign its rights or delegate its duties under this Agreement to anyone else without the prior written consent of the other, except that each may assign all of its rights and obligations under this Agreement without the other’s consent in connection with a merger, acquisition, reorganization, sale or transfer of substantially all of its assets, or other operation of law.
8.6. Third Party Beneficiaries
Except as specifically provided in Section 6.2, this Agreement is for the exclusive benefit of you and Playworks, and not for the benefit of any third party, including, without limitation, any student, teacher, parent or guardian, employee, contractor, or vendor.
8.7. Force Majeure
Playworks will not be required to perform or be held liable for failure to perform if nonperformance is caused by power failures, nonperformance of internet or data communications facilities, third party mechanical or other equipment breakdowns, fiber optic cable cuts, interruption or failure of telecommunications or digital transmission links, labor strikes, work stoppages, war, hostilities, a national emergency, acts of God, epidemics, quarantines, natural disasters, or any other causes beyond the control of Playworks.
8.8. Governing Law; Jurisdiction
This Agreement will be governed by California law. You and Playworks consent to the exclusive jurisdiction of the state and federal courts for Alameda County, California.
By continuing to purchase, use or access your subscription you agree to be bound by and subject to these terms.
For comments or inquiries, please contact PlayworksU by email at firstname.lastname@example.org.