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 accessing or using PlayworksU in any way, including viewing videos or downloading any content, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions (“Terms”).
1. Subscription and Account
1.1. Subscription Type
Playworks offers users access to PlayworksU through different types of subscriptions (each, a “Subscription”). You may access only the applicable portion of PlayworksU corresponding to the Subscription specified in the agreement or order form you or your organization entered into when initially subscribing to PlayworksU (“Order Form”).
You may access PlayworksU only for the term specified in the Order Form and any applicable renewal period.
1.3. Account Log-in
You 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 you and will not be shared with or used by any other person. Multiple concurrent use with the same Log-in is prohibited.
2. Intellectual Property
Playworks is the sole owner of all instructional videos, images, guides, tools, publications, resources, quizzes, surveys, and other materials provided on PlayworksU (“Playworks Content”) and retains all right, title, and interest in Playworks Content. All Playworks Content is copyrighted and protected by national and international copyright laws.
2.2. License Grant
Playworks grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the portion of PlayworksU applicable to your Subscription type, and the related Playworks Content, solely for non-commercial purposes, in accordance with these Terms. You may use, copy, adapt, download, and distribute to other schools, districts, and teachers the Playworks Content for non-commercial purposes, so long as you provide appropriate attribution to Playworks and do not remove or obscure any Playworks copyright or trademark markings on any Playworks Content. You may not, however, distribute any Playworks Content for any purposes intended or directed toward commercial advantage or monetary compensation, or distribute to non-Users User-created derivatives or revisions of any Playworks Content.
Neither you nor Playworks may identify each other as a “user” or “partner” in internal and external communications, including, without limitation, on website or outreach materials, or use each other’s name, logo, or other marks, without prior written permission from the other.
3. User Conduct
3.1. User Content
You represent and warrant that that any content you provide, upload, or post to PlayworksU does not violate the privacy, publicity, copyright, contract rights, or any other rights of any person or entity.
3.2. No Confidential Information
You should not send us any confidential or sensitive information when using PlayworksU. You are responsible for ensuring that any disclosures to Playworks through PlayworksU do not violate applicable laws, contracts, or other obligations relating to confidentiality, privacy, or similar matters.
3.3. Prohibited Content
3.4. No Reverse Engineering
You will not reverse engineer, decompile, or otherwise attempt to recreate or discern the underlying structure or makeup of PlayworksU, including altering any copyright notices.
4. Data Collection and Privacy
4.1. Data Collection and Evaluation
4.2. External Reporting
We report data and evaluation results, including but not limited to Recess Checkup, to funders, partners, researchers, and other third parties. Except as contemplated by these Terms or as required by law, we will disclose data and results on a no-name basis collected through PlayworksU unless you have given prior written consent for disclosure of names of schools or other individuals in such disclosure.
4.4. Website Security
We take precautions to host and maintain PlayworksU as a secure website and to safeguard data from unauthorized use. We cannot, however, ensure or warrant the security of any or all of the information you transmit to PlayworksU, and you do so at your own risk. As a result, you acknowledge that: (a) there are security and privacy limitations of the internet which are beyond Playworks’ control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and Playworks through PlayworksU cannot be guaranteed and we will have no liability to you or any third party for loss, misuse, disclosure, or alteration of such information; and (c) any such information and data may be viewed or tampered with in transit by a third party.
5. Site Maintenance
5.1. Availability of Website
You understand that traffic of data through the internet may cause delays during the display or download of information from PlayworksU. Playworks will use commercially reasonable efforts to maintain continuous availability of PlayworksU, except for scheduled maintenance, required repairs, and any interruption due to causes beyond the reasonable control of or not reasonably foreseeable by Playworks, including, without limitation, any event described in Section 12.6.
5.2. Changes to the Site
Playworks, in its discretion, may upgrade, modify, change, or enhance PlayworksU at any time without notice. We do not undertake any obligation to notify you of any updates to PlayworksU or Playworks Content, including any Playworks Content you previously viewed or downloaded.
6. Third Party Services and Links
6.1. Third Party Services
6.2. Third Party Links and Information
6.3. Linking to the Site
You may link to the homepage for PlayworksU, so long as you do not violate applicable laws, damage or exploit Playworks’ reputation, or establish a link so as to imply association, approval, or endorsement by Playworks. We reserve the right to withdraw linking permission without notice.
7. 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.
7.2. No Warranties
No advice or information, whether oral or written, obtained from Playworks or through PlayworksU will create any warranty not expressly made in these Terms. 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.
7.3. User Decisions
Playworks has no responsibility for your decisions or actions with respect to use of 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.
7.4. 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.
7.5. 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.
8. Liability and Indemnification
8.1. 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 these Terms, 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 these Terms (including, without limitation, any amounts payable under Section 11.2) 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 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.
9.1. Termination by Playworks
Playworks may at any time suspend or terminate your access to PlayworksU if you or your organization fails to make timely payment of fees or if Playworks, in its discretion, determines that you have failed to comply with these Terms. Such termination will be effective upon its delivery to you of a notice to that effect.
9.2. Effect of Termination
Upon termination, your rights to use the portion of PlayworksU relevant to your Subscription will cease. Sections 2.1, 3.1, 3.2, 6, 7, 8.2, 9.2, 11.2, and 12 will survive such termination.
10. Changes to Terms
Playworks reserves the right to make changes to these Terms, at any time without notice. Changes are effective immediately upon posting and your continued use of PlayworksU constitutes acceptance of such changes. The latest terms can be found here.
11. Legal Compliance
11.1. Compliance with Law
You will comply with all applicable federal, state, and local laws in connection with your use of PlayworksU.
11.2. 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 these Terms. Playworks, in its discretion, will respond to such requests.
11.3. 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.
12. General Provisions
12.1. Entire Agreement
These Terms express 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.
If any provision of these Terms is held illegal, invalid, or unenforceable, all other provisions of these Terms 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 these Terms must be in writing and signed by the party granting the waiver. Waiver of any breach or provision of these Terms will not be considered a waiver of any later breach or of the right to enforce any provision of these Terms.
Neither you nor Playworks may assign its rights or delegate its duties under these Terms to anyone else without the prior written consent of the other, except that each may assign all of its rights and obligations under these Terms 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.
12.5. Third Party Beneficiaries
Except as specifically provided in Section 8.2, these Terms are 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.
12.6. 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.
12.7. Governing Law; Jurisdiction
These Terms 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 use or access the Service, 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.