TERMS AND CONDITIONS OF USE

– Last updated on February 2, 2018


TL;DR

Follow the golden rule (don't be an asshole) and don't break the law.



The Short Version

playdate is a community of 21+ years old legal medicinal/recreational marijuana users. Users may not use playdate to conduct any form of illegal activity, break state or federal law, or otherwise endanger the well-being of others. Basically, consume legally and don't sell any marijuana or furnish it to minors. To do so will be deemed an immediate violation and your profile will be removed at the sole discretion of Make Play Date Inc. Any violation of local or international laws or other use banned in our terms of service will not be tolerated. Users are encouraged to report offending members.

While some states within the United States have passed laws legalizing either medicinal or recreational use of cannabis, it should be stated that under Federal Law cannabis is still classified as an illegal substance. Certain activities involving marijuana remain illegal under US federal laws. Such activities include but are not limited to: (i) distribution of marijuana to minors, (ii) transporting marijuana from states where it is legal to other states, (iii) driving under the influence and other adverse public health consequences, (iv) growing marijuana on public lands, (v) marijuana possession or use on federal property, and (vi) other criminal activity or violence associated with the sale of cannabis. playdate cannot and does not condone its users breaking the law.



The Long Version

Welcome to playdate, operated by Make Play Date Inc. (the “Company,” “Make Play Date,” or “playdate”).

By accessing the playdate application or its website, whether through a mobile device, mobile application, or computer (collectively, the “Service”) you agree to be bound by these Terms of Conditions of Use (this “Agreement”), whether or not you create a playdate account. If you wish to create a playdate account and make use of the Service, please read this Agreement.

You should also read the playdate Safety Guidelines and Privacy Policy, which are incorporated by reference into this Agreement and available in the Service. If you do not agree to be bound by all of the terms of this Agreement or the Company’s Safety Guidelines and Privacy Policy, do not use the Service. Access or use of the Service shall be deemed as your express acknowledgement and acceptance of the terms of this Agreement (including but not limited to the Governing Law and Arbitration Provisions), the Safety Guidelines, and Privacy Policy. Please contact us at contact@makeplaydate.com with any questions regarding this Agreement, the Safety Guidelines, or Privacy Policy.


  1. Acceptance of Terms and Conditions of Use Agreement.

    1. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. This Agreement includes the Company’s (i) Privacy Policy, (ii) our Safety Guidelines, and (iii) terms disclosed and agreed to by you if you purchase or accept additional features, products or services we offer on the Service, including but not limited to terms governing features, billing, free trials, discounts and promotions.
    2. By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account; provided that, such termination shall not have any effect on your consent during the term of your use of the Services. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please contact us at contact@makeplaydate.com. This Agreement may be modified by the Company at any time, such modifications to be effective upon posting by the Company in the Service. The Company shall not have any obligation to notify you of such updates other than upon posting such updated terms in the Service. Acceptance of the terms of this Agreement shall be deemed as acceptance of any future updates to its terms.
     
  2. Eligibility. The Service is not intended for individuals under 21 years of age for our Services. No part of our Services is directed to persons under the age of 21. You must be at least 21 years of age to access and use our Service. Any use of the Service is void where prohibited, such as in jurisdictions wherein cannabis use is prohibited by law. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.


  3. Creating an Account. In order to use playdate, you must sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other playdate users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.


  4. Content. For purposes of this Agreement, “Content” means text, text messages, chat, graphics, images, photographs, gifs, logos, software, computer code, music, software, audio, video (including streaming videos), links, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service and includes Content that account holders (including you) provide to be made available through the Service.


  5. Term and Termination. This Agreement will remain in full force and effect while you use the Service and/or have a playdate account. You may disable your account at any time, for any reason, by following the instructions in “Settings” in the Service. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.


  6. Non-commercial Use by Users. The Service is for personal use only. Users may not use the Service or any Content contained in the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Service for any purpose except with playdate’s express consent (such as for promoted content or other advertisements), which playdate may provide or deny in its sole discretion. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.


  7. Account Security. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security at contact@makeplaydate.com and ensure that you log out from your account at the end of each session.

  8. Your Interactions with Other Users.

    1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
    2. The Company is not responsible for the conduct of any user. As noted in and without limiting the terms of this Agreement, in no event shall the Company, its affiliates, shareholders, or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications, identity theft, or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. In addition, you agree to review and follow the Company's Safety Tips, located below, prior to using the Service. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your personal or financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

  9. Proprietary Rights. The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company, which consent the Company may grant or deny at its sole discretion or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

  10. Content Posted by You in the Service.

    1. You are solely responsible for the Content that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other users. You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.
    2. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of a Service. The Company may, in its sole discretion and without any prior notice, delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.
    3. By posting Content as part of the Service, you automatically grant to the Company, its affiliates, assignees, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works,, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
    4. In addition to the types of Content described in Section 10(a) above, the following is a partial list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:

      • that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • contains nudity, pornography, or would otherwise be considered sexually explicit or indecent content;
      • advocates harassment or intimidation of another person or group;
      • requests money or services from, or is intended to otherwise defraud, other users of the Service;
      • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
      • promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
      • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
      • contains video, audio photographs, or images of another person without his or her permission;
      • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
      • provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 21;
      • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
      • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
      • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
      • provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
      • disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
      • solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
      • publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
      • The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.
    5. Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
    6. You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service. You may block and / or report other users for objectionable content at any time in the app. playdate will as promptly as possible address any objectionable content reports by removing the content and ejecting the user who provided the offending content.

  11. Prohibited Activities. The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. You may block and / or report other users for objectionable content at any time in the app. playdate will as promptly as possible address objectionable content reports by removing the content and ejecting the user who provided the offending content. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

    • impersonate any person or entity.
    • solicit money or services from any users.
    • post any Content that is prohibited by Section 10.
    • “stalk” or otherwise harass any person.
    • express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
    • use the Service in an illegal manner or to commit an illegal act.
    • access the Service in a jurisdiction in which it is illegal or unauthorized.
    • ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
    • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
    • collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
    • interfere with or disrupt the Service or the servers or networks connected to the Service.
    • email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software).
    • “frame” or “mirror” any part of the Service, without the Company's prior written authorization.
    • use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.
    • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
    • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.

  12. Customer Service. The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.


  13. In App Purchases.

    1. Generally. From time to time, playdate may offer additional products and services for purchase (“in app purchases”) through the App Store℠, Google Play or other application platforms authorized by playdate (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. In app purchases may include a free trial period. At the end of the free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the trial period. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In all cases, please refer to the terms of your application platform which apply to your in app purchases.
    2. Virtual Items. From time to time, you may be able to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “Virtual Items”. You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Regardless of the terminology used, Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned hereunder. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; provided, however, that the license granted hereunder to Virtual Items will terminate in accordance with the terms and conditions of this Agreement, when playdate ceases providing the Service or this Agreement or your account is otherwise terminated. playdate, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. You may purchase Virtual Items only within the Service or through a Software Store. Purchase and use of Virtual Items through a Software Store are subject to such Software Store’s governing documents, including but not limited to its terms of service and privacy policy. playdate may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. playdate shall have no liability to you or any third party in the event that playdate exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by playdate that commences immediately upon the acceptance of your purchase of such Virtual Items. You agree to pay all fees and applicable taxes incurred by you or anyone using your playdate account. playdate may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT PLAYDATE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
     

  14. Modifications to Service. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service, with or without notice.


  15. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent and the Company with the following information:

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • a description of the copyrighted work that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
    • your address, telephone number and email address;
    • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at contact@makeplaydate.com. The Company will terminate the accounts of repeat infringers.


  16. Disclaimers.

    1. You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
    2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
    3. From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon and does not necessarily reflect the opinions or beliefs of the Company. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
    4. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted in the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

  17. Links. The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.


  18. Geolocation and Other Data. playdate may collect and pass to third parties precise geolocation and other information linked to your mobile device or advertising identifiers and may do so when you use the playdate Service or when the app runs in the background on your device. This information may be used by third parties to customize ads in the playdate app or in other apps: for instance, if your device is often located at or near events venues, you might receive offers for events tickets (even when you are not at an event venue). The information also may be used for market or other research regarding aggregated traffic patterns:  for instance, a company that analyzes shopping trends might use the information to learn whether more or fewer devices are seen near malls or in other shopping districts. If you do not want this information to be linked to your device, then you may go to your device “settings” (which are somewhat different for iOS and Android devices) and opt out of interest-based or personalized advertising. You may also prevent location from being collected by playdate or other apps through your device settings (but this may affect the functionality of certain app features).


  19. Limitation on Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SHAREHOLDERS, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE, LAW, OR EQUITABLE REMEDY TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

  20. Arbitration and Governing Law.

    1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company, its shareholders or its affiliates in a small-claims court in the State of California. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company, its shareholders, or affiliates any class action, class arbitration, or other representative action or proceeding.
    2. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company, its shareholders, or affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
    3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company, its shareholders, or its affiliates (except for small-claims court actions) may be commenced only in the federal or state courts located in California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
    4. This Agreement, and any dispute between you and the Company, its shareholders, or its affiliates, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

  21. Indemnity by You. You agree to indemnify and hold the Company, its shareholders, and its affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. The Company reserves the right 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 Company in connection therewith.

  22. Notice. The Company may, but is not obligated to, provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner. This Agreement may be modified by the Company at any time, such modifications to be effective upon posting by the Company in the Service. The Company shall not have any obligation to notify you of such updates other than upon posting such updated terms in the Service. Acceptance of the terms of this Agreement shall be deemed as acceptance of any future updates to its terms.

  23. Entire Agreement; Other. This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and the Company regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

  24. Amendment. This Agreement is subject to change by the Company at any time. The Company shall not have any obligation to notify you of such updates other than upon posting such updated terms in the Service. Acceptance of the terms of this Agreement shall be deemed as acceptance of any future change to its terms.

  25. Feedback. We welcome feedback, comments, and suggestions for improvement to the Service. You can submit feedback by emailing us at contact@makeplaydate.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise to exploit the feedback for any purpose.

SAFETY GUIDELINES

– Last updated on February 2, 2018


MAKE PLAY DATE INC. STRONGLY URGES YOU TO USE EXTREME CAUTION BEFORE SHARING ANY PERSONAL INFORMATION WITH OTHER USERS OR BEFORE ANY PERSONAL MEETING WITH OTHER USERS OF THE SERVICE. MAKE PLAY DATE INC. DOES NOT CONDUCT ANY BACKGROUND CHECKS OR SCREENINGS OF ITS USERS. YOU AGREE THAT MAKE PLAY DATE INC. SHALL NOT BE RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SERVICE AND IS NOT LIABLE, IN ANY MANNER, FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING OUT OF, OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANY USER.

The safety of our users is very important to us. There are steps that everyone can follow to ensure their safety while using playdate. Please take a few minutes to read these tips.


Keep your financial information private
Ignore any request to send money or provide (or receive) services – even if the person claims to be in an emergency – and report it to us immediately. Never give out financial or personal information such as your social security number, credit card number, or bank information.

Protect your personal information
You are in control of your playdate experience at all times – remain anonymous until you feel ready. Be careful about sharing personal information, such as your full name, phone number, email and address. Protect your identity until you are comfortable enough with someone to share it. Also, leave any personal contact information out of your playdate profile. Note: playdate will never send you an email asking for your username and password information. Any such communication should be reported immediately.

Spam/Scammers - There are red flags to watch out for that may indicate you're dealing with a scammer. Be aware of anyone who:
  • Sends you messages containing links to third-party websites
  • Quickly asks to talk or chat outside of playdate
  • Asks you for money, services, or payment for services
  • Vanishes mysteriously then reappears under a different name
  • Asks for your address under the guise of sending gifts

You can also check the U.S. Federal Trade Commission's advice on avoiding online scams available on their website.

Report suspicious users - Please report anyone who violates our Terms and Conditions of Use. Examples of our Terms and Conditions of Use violations include:
  • Tries to sell you cannabis or cannabis products
  • Asking you for money, services, or payment for services
  • Anyone that looks like they could be under the age of 21
  • Users sending harassing or offensive messages
  • Users behaving inappropriately after meeting in person
  • Fraudulent profiles
  • Spam or solicitation, such as attempts to sell products or services

Meeting in person
First meetings are exciting, but always take precautions and follow these guidelines to help you stay safe:

Get to know the other person before meeting them offline
Get to know someone through chat before disclosing personal information or meeting in person. We don't conduct criminal background checks on our users, so it’s up to you to do your own research and remain cautious.

Always meet in public
Meet for the first time in a populated, public place – never in a private or remote location, and never at your home or apartment.

Tell a friend - Inform a friend or family member of your plans
Tell them who you are meeting, where you are going and when you will return. Bring your phone with you.

Drive yourself to and from the first meeting or get a rideshare if under the influence
Be in control of your own ride – even if you take a rideshare. Securing your own ride is important. Even if the person you're meeting volunteers to pick you up, do not get into a vehicle with someone you don’t know and trust, especially if it’s the first meeting. Following these guidelines will help keep you safe and enjoyable.