Effective: November 1, 2016
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU ARE OVER 18 YEARS OF AGE, YOUR ONLY ACCESS TO THIS SITE SHOULD BE AS A PARENT MEMBER AS DEFINED BELOW:
www.playdate-me.com is operated by Playdate Me Sàrl (also known within this document as "Playdate Me", "we", or "us"). www.playdate-me.com is a website that provides a friendly and safe environment for children between the ages of 7 and 13 years, with their parent's consent and supervision, to experience social networking, including such features as games, chat rooms, message boards, email, music/photo/video uploading and sharing, and other age-appropriate activities. Our services include our website (www.playdate-me.com) and other features, content, and functionality offered by us from time to time in connection with our website.
"Child" is someone between the ages of 7 and 13 who wishes (or has registered) to be a Member of Playdate-me
"Parent" is someone over the age of 18, who is the parent of a child wanting to register (or has registered) to be a Member of Playdate-me
"You" is in reference to you as the Parent, and your Child, whom you have granted access to the Site.
"Member" is a child who has created an account that has been activated and/or approved by a parent. Playdate Me's members have access to the site but may upgrade to the Premium or Elite membership to benefit more features.
We may change or update this Agreement from time to time, and any such modifications shall be effective upon posting on the Site. Your use of our Site after a change has been posted signifies your agreement to any such changes. You should review this Agreement periodically to make sure you are up to date on any changes. Moreover, Playdate Me may send its users the amended general terms and conditions via email and inform them that the amended general terms and conditions can be accessed via Playdate Me’s website.
This Policy was last updated on May, 2017.
You must be thirteen (13) years old or younger and have verified parental consent to be, and continue to be, a Playdate Me's Member on the Site.
You must be 18 years of age or older and the legal parent of a child wishing to use the Site in order to sign up as a Parent Member and sign up your child as a Playdate Me's Member. Parents may only register their own child(ren).
The Site is not intended for children over 13. A Child Membership may be terminated without warning, if we believe that the Child Member is over 13 years of age. A Parent Membership (and concurrently an associated Child's Membership) may be terminated without warning if we believe that you are under 18 years old or are not the legal Parent of any child you have approved for membership on this Site. During the Membership registration process, Parent Members and Child Members will be prompted to provide personal information that allows us to know who you and your child are ("Registration Information").
By using the Site, Parent Members and Child Members represent and warrant that:
(a) all Registration Information they submit is truthful, accurate, current and complete;
(b) they will maintain the accuracy of such Registration Information by updating and revising it promptly; and (c) their use of the Site does not violate any applicable law or regulation. You authorize us to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information, including engaging third parties to provide such services as age and identity verification on the Site. We reserve all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity, and to suspend or cancel Memberships established using inaccurate or incomplete information.
Children may begin the registration process with their Parents or alone, but will not have access to the site until a Parent activates and/or approves their child’s account. Child members who have unactivated and/or unapproved accounts will not be able to access any feature that allows the child to communicate or share personally identifiable information ("PII"), such as chat, text posts or comments, images or video uploads until his/her parent provides activation and/or verifiable parental consent. During the registration process by a Child, the Child will be asked to provide a "login name" which will be the public name used by the Child on the Site. All "login Names” will go through a profanity filter to ensure that it is appropriate. The Child will also be asked to provide a password, provide his/her birth date, birth month and year and his/her Parent's email address. The child's registration will not be complete until his/her Parent completes the registration process and provides full verifiable parental consent before activating and/or approving the Child’s account. Once the child is activated and/or approved by a Parent, she/he becomes a Playdate-me Member and the Child will have access to the site. The Parent will receive access to the Parent Portal upon activating and/or approving their Child’s account.
Parents approve their child’s account by providing verifiable parental consent using a method that is approved by the FTC under the Chidlren’s Online Privacy and Protection Act (COPPA). Playdate-me is a member of PRIVO, an FTC approved COPPA safe harbor.
1. Secure Payment of CHF1.00: Parents can make a quick one-time payment of CHF1.00 using a secure pay wall to authenticate their identity and provide verifiable consent.
a) A Child's Playdate Me Username. Playdate-me uses filtering software against Usernames to restrict the use of profanity.
b) Misuse of Username or Identity. No Member may impersonate any person or entity or misrepresent a Member's identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. Members agree to promptly notify us at firstname.lastname@example.org. of any unauthorized use of a Child or Parent Member's username, password, or other sensitive account information. Members shall notify Playdate-me of any breach of security involving or relating to the Site. Members should never respond to online requests for Member passwords other than in connection with the log-on process for the Site. Any such password requests should be forwarded to us at email@example.com.
c) Liability and Loss due to Account Abuse. Disclosure of a password to any other person is at a Member's own risk. Although we will not be liable for a Member's losses caused by any unauthorized use of any Member information, Members may be liable for our losses or the losses of others as a result of such unauthorized use. We do not provide Internet access. Members are solely responsible for any fees associated with any Internet connection that provides access to the Site. Playdate-me reserves the right to charge for some or all aspects of the Site. We reserve the right to interrupt the Site with or without prior notice for any reason or no reason without liability to Members for any unavailability of the Site. Except as provided by law or otherwise provided in this Agreement. Playdate-me! has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site as it sees fit in its sole discretion.
We believe your child's safety on the Internet is important. While there is no absolute method of ensuring a completely safe environment, we take seriously our mandate to secure "verifiable parental consent," as required under COPPA and by PRIVO. We are always looking into new and better ways to verify your consent so that we are not collecting or potentially disclosing information from your child that you did not authorize.
The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.
Playdate-me may be accessible through operators and/or different web addresses. Our Site may, from time to time, also be accessible through other third party sites. If you do not want your PII shared with these sites, only access the Playdate Me Site through www.playdate-me.com. If you choose to access our Site through a third party website, please review the privacy policies on those sites. Such sites may subject you or your child to the collection of PII that you have provided to Playdate-me.
We use the word "Content" to mean any and all text, audio and visual works, such as pictures, photographs, drawings, digital images, graphics, music, video, audio, code, poems, and other creative output, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that may be submitted, posted, uploaded, embedded, displayed, communicated or otherwise distributed (collectively "Distribute") on or through the Site, including by us, you, and other Users.
a) You acknowledge that: (i) by using the Site you may have access to Content, and (ii) this Content may be provided under license by independent content providers, including contributions from other Users (all such independent content providers are "Content Providers"). We do not generally pre-screen Content. Content does not include any PII that you were required to provide during the registration process for Parent Members and Child Members. Content may, however, include personal information if you have voluntarily provided such information on another area of the Site. You acknowledge that Playdate-me, its licensors, Users, and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Site or a given Service. You accept full responsibility and liability for your use of any Content in violation of any such rights.
d) In the event that we offer downloads of software on a Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your limited, personal, noncommercial home use only, and AT YOUR OWN RISK. We do not transfer title to the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble, adapt it, or otherwise reduce the Software to a human-readable form, except to the extent permitted by applicable law. Playdate-me shall not be responsible for any damage of any kind to you or your computer as a result of downloading Software from our Site.
"Forum" means any area, site or feature offered as part of the Site that offers the opportunity for interactive communications between Users, such as posting and sharing Content, posting comments, and interacting with other Members in the Site message board or social community environment.
Responsibility You acknowledge that the Forum and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any submission to a public Forum. We do not guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Content you distribute on or through the Site under your username or otherwise by you in any public Forum and for the consequences of submitting and posting same. While we endeavor to provide a safe environment for your Child, there are no guarantees. However, we do monitor all public Forums in the Site. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Content posted in any public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by Members in any public Forum and we specifically disclaim any and all liability in connection therewith.
Obligation: We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Content you distribute. We reserve the right to screen, refuse to post, remove or edit Content at any time and for any or no reason including, without limitation, if your submission fails to conform to the Rules of Conduct, in our absolute and sole discretion without prior notice. If we elect to screen Content, there may be a delay in the posting of such content in a public Forum to allow for a review process. If we have questions about your Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
You have a nonexclusive, limited, revocable license to use the Site while you are in compliance with this Agreement. You agree to abide by certain rules of conduct and other rules prohibiting illegal and other practices that we deem harmful. These rules apply to all Users, including Parents, and Children. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including without limitation, removing the offending communication from the Site and terminating the Membership of such violators and others acting in concert. You agree that you shall not:
a) Take any action or upload, post, email or otherwise transmit Content that infringes or violates any third party rights;
b) Impersonate any person or entity without their consent, including, but not limited to, a Playdate-me employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Make unauthorized use of any of our trademarks or service marks; Take any action or upload, post, email or otherwise transmit Content that violates any law or regulation;
d) Take any action or upload, post, email or otherwise transmit Content as determined by us, in our sole discretion, that causes tort, is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
e) Use the Site to engage in any activities not expressly outlined or contemplated in this Agreement or on the Site, including engaging in commercial activities and/or sales without our prior written consent, such as creating contests or sweepstakes;
f) Take any actions or upload, post, email or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
g) Take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
h) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that we consider in its sole discretion to be of such nature, including any Content that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
i) Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
j) Attempt to gain access to any other Member's Membership account or password; or "Stalk," "bully," abuse or attempt to abuse, or otherwise harass another User. You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Membership;
k) Delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
As a condition of access to our Site, you release Playdate-me (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site. You agree that:
a) we will have the right but not the obligation to resolve disputes between Users relating to the Site, and our resolution of any particular dispute does not create an obligation to resolve any other dispute;
b) to the extent we elect to resolve such disputes, we will do so in good faith based solely on the general rules and standards of the Site and will not make judgments regarding legal issues or claims;
c) our resolution of such disputes will be final with respect to the Site but will have no bearing on any real-world legal disputes in which Users of the Site may become involved; and
d) you hereby release Playdate-me (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our resolution of disputes relating to the Site.
This Agreement shall remain in full force and effect while you use the Site or are a Member. You may terminate your Parent Membership and/or your Child's Membership at any time, for any reason, by contacting us at firstname.lastname@example.org. On your election to cancel, your and your Child's Membership will be deactivated within 24-48 hours.
We have the right at any time, for any reason or no reason, with or without warning to suspend or terminate you and your Child(ren)'s Membership(s), terminate this Agreement, and/or refuse any and all current or future use of the Site without notice or liability to you.
Even after Membership is terminated, this Agreement will remain in effect. If a Parent Membership is terminated, voluntarily or involuntarily, the Membership(s) of that Parent's Child(ren) will terminate concurrently and automatically. If a Child Membership is terminated, voluntarily or involuntarily, the corresponding Parent Membership will be terminated as well unless the parent has additional active child member accounts.
You may not assign or transfer your Membership, including your Child's Membership, this Agreement, or any or all of your rights hereunder without our prior written consent, and any attempt to do so is void. All or any of our rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Site in a merger, acquisition, or sale of all or substantially all of Playdate-me's assets.
In the event a dispute arises between you and Playdate-me, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. To this end, you and Playdate-me agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Site (a "Claim") in accordance with one of the subsections below.
a) Governing Law. This Agreement and the relationship between you and Playdate-me shall be governed in all respects by Swiss law without regard to conflict of law principles.
a) No Liability for Accumulated Content. When using the Site, you may accumulate Content that resides as data on our servers. THESE DATA, AND ANY OTHER DATA, MEMBERSHIP HISTORY AND DISPLAY NAMES RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR SOLE DISCRETION. YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO CONTENT YOU UPLOAD AND/OR CREATE USING THE SITE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS. YOU UNDERSTAND AND AGREE THAT WE HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
b) The Site Is Provided "As Is." WE PROVIDE THE SITE, YOUR MEMBERSHIP AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Site or your Membership, and you understand that you shall not be entitled to refunds for fees paid (if any) based on our failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
At our request, you agree to defend, indemnify and hold harmless Playdate-me, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other Users of the Site, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Site. You agree to defend, indemnify and hold harmless Playdate-me, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Membership, and (b) any claims by third parties that your activity or Content in the Site infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.
This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called cookies, text files that are stored on your computer that enable your use of the website to be analysed. The information the cookie generates on your use of this website (including your IP address) will generally be transferred to a Google server in the United States and stored there. Google will use this information to evaluate your use of the website and put together reports on website activity for the website operator, and provide other services in connection with the use of the website and the internet. Google will also forward this information to third parties if this is required by the law, or if third parties process this information on behalf of Google. Under no circumstances will Google make a link between your IP address and other Google data. You can set your browser software to prevent cookies from being installed; however, we would point out that if you do so it may not be possible for you to make full use of all the functions of this website. By using this website you give your consent for Google to process the data captured on you in the manner described above and for the purpose described above.
Any personal data (name, address, e-mail address, etc.) collected on this website has been provided voluntarily by the user and with their consent and knowledge of it.
The sales of products of Playdate-me company are subject to Swiss law. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between Playdate-me and the Customer, even in the event of a plurality of defendants, will be in the absence of mutual agreement, the exclusive competence of the tribunals of Geneva, Switzerland.
The entirety of the contents (texts, comments, works, illustrations, images, videos, graphics, sounds…. Including underlying technologies used) posted on this site is reserved under copyright and intellectual property rights for the whole world. For this reason and conforming to the provisions of the Code of Intellectual Property, only private use is authorized, subject to different provisions, which may be even more restrictive from the code of intellectual property. Any other use may constitute pirating and be sanctioned by the law covering intellectual property, except in the case of preliminary authorization by Playdate-me. Any total or partial reproduction of Playdate Me's website is strictly prohibited,
Any person having an Internet site wishing to place on his site a simple link directly to the www.playdate-me.com site must request authorization from Playdate-me. An authorization given by Playdate-me will not constitute an implicit agreement of affiliation and will not be in any case given on a permanent basis. By simple request from Playdate-me, this link will have to be removed.
A change of legislation, regulation or a decision of the court rendering invalid one or more clauses of these general conditions will not affect the general validity of these Conditions. Such a change cannot in any way make it possible for the Customer not to observe these general conditions.
Regulations between Playdate-me company and the Customer are controlled exclusively by the present conditions at the exclusion of any other condition appearing on the www.playdate-me.com site.
Playdate-me is the commercial name used by Playdate Me Sàrl. This website belongs and is managed by Playdate Me Sàrl.
For Playdate Me Sàrl :
Playdate Me Private limited company, c/o Cofid SA, 1207 Geneva, Switzerland.
Registered in Switzerland.
RCS Switzerland N° : CH-660.2.448.001-6
VAT number: CHE-xxx.xxx.xxx TVA
© 2016 Playdate-me | www.playdate-me.com