Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. ALL ACCESS TO AND USE OF THIS SITE IS GOVERNED BY THESE TERMS.
By using this site, you
signify your assent to these Terms and Conditions. If you do not agree to all
of these Terms and Conditions of use, do not use this site!
playfulbitsx.com may
revise and update these Terms and Conditions at any time. Your continued usage
of the Playfulbitsx website (“Playfulbitsx Site,” or the “Site,”) will mean you
accept those changes.
Children’s Privacy
We are committed to
protecting the privacy of children. You should be aware that this Site is not
intended or designed to attract children under the age of 13. We do not collect
personally identifiable information from any person we actually know is a child
under the age of 13.
Use of Materials
All materials posted on
this site are protected by the copyright laws in the United States and in
foreign countries. Playfulbitsx authorizes you to view or download a single
copy of the material on the PlayfulbitsxSite solely for your personal,
noncommercial use if you include the copyright notice located at the end of the
material, for example: “©2019, Playfulbitsx. All rights reserved” and other
copyright and proprietary rights notices that are contained in the Content. Any
special rules for the use of certain software and other items accessible on the
Playfulbitsx Site may be included elsewhere within the Site and are
incorporated into these Terms and Conditions by reference.
Title to the materials
remains with Playfulbitsx or its licensors. Any use of the materials not
expressly permitted by these Terms and Conditions is a breach of these Terms
and Conditions and may violate copyright, trademark, and other laws. Content
and features are subject to change or termination without notice in the
editorial discretion of Playfulbitsx. All rights not expressly granted herein
are reserved to Playfulbitsx and its licensors.
If you violate any of
these Terms and Conditions, your permission to use the materials automatically
terminates and you must immediately destroy any copies you have made of any
portion of the materials.
Liability of Playfulbitsx and Its Licensors
The use of the Playfulbitsx
Site and the Content is at your own risk.
All information provided
on this website is subject to change without notice.
When using the Playfulbitsx
Site, information will be transmitted over a medium that may be beyond the
control and jurisdiction of Playfulbitsx and its suppliers. Accordingly, Playfulbitsx
assumes no liability for or relating to the delay, failure, interruption, or
corruption of any data or other information transmitted in connection with use
of the Playfulbitsx Site.
The Playfulbitsx Site
and the content are provided on an “as is” basis. Playfulbitsx, ITS LICENSORS,
AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the
foregoing, Playfulbitsx, its licensors, and its suppliers make no
representations or warranties about the following:
The accuracy,
reliability, completeness, currentness, or timeliness of the Content, software,
text, graphics, links, or communications provided on or through the use of the Playfulbitsx
Site or Playfulbitsx.
The satisfaction of any
government regulations requiring disclosure of information on prescription drug
products or the approval or compliance of any software tools with regard to the
Content contained on the Playfulbitsx Site.
In no event shall Playfulbitsx,
its licensors, its suppliers, or any third parties mentioned on the Playfulbitsx
Site be liable for any damages (including, without limitation, incidental and
consequential damages, personal injury/wrongful death, lost profits, or damages
resulting from lost data or business interruption) resulting from the use of or
inability to use the Playfulbitsx Site or the Content, whether based on
warranty, contract, tort, or any other legal theory, and whether or not Playfulbitsx,
its licensors, its suppliers, or any third parties mentioned on the Playfulbitsx
Site are advised of the possibility of such damages. Playfulbitsx, its
licensors, its suppliers, or any third parties mentioned on the Playfulbitsx
Site shall be liable only to the extent of actual damages incurred by you, not
to exceed U.S. $1000. Playfulbitsx, its licensors, its suppliers, or any third
parties mentioned on the Playfulbitsx Site are not liable for any personal
injury, including death, caused by your use or misuse of the Site, Content, or
Public Areas (as defined below). Any claims arising in connection with your use
of the Site, any Content, or the Public Areas must be brought within one (1)
year of the date of the event giving rise to such action occurred. Remedies
under these Terms and Conditions are exclusive and are limited to those
expressly provided for in these Terms and Conditions.
User Submissions
The personal information
you submit to Playfulbitsx is governed by the Playfulbitsx Privacy Policy. To
the extent there is an inconsistency between this Agreement and the Playfulbitsx
Privacy Policy, this Agreement shall govern.
The Site contains
functionality (including blogs, message boards, user reviews of drug
information, etc.) that allows users to upload content to the Site
(collectively “Public Areas”) and users may also upload content via our
official brand presence on social media platforms and branded hashtags
(including, without limitation Facebook, Twitter, Google Plus, YouTube,
Instagram, and Pinterest, collectively “Social Media Platforms”). You agree
that you will not upload or transmit any communications or content of any type
to the Public Areas or Social Media Platforms that infringe or violate any
rights of any party. By submitting communications or content to the Public
Areas or Social Media Platforms, you agree that such submission is
non-confidential for all purposes. It is important to note that Playfulbitsx is
not responsible for the operation, terms of use or policies of any Social Media
Platform. Before using any Social Media Platforms you should review its terms
of use and policies, including its privacy policy.
If you make any such
submission you agree that you will not send or transmit to Playfulbitsx by
email, (including through the email address listed on the “Terms of Use” page)
any communication or content that infringes or violates any rights of any
party. If you submit any business information, idea, concept or invention to Playfulbitsx
by email, you agree such submission is non-confidential for all purposes.
If you make any
submission to a Public Area or a Social Media Platform or if you submit any
business information, idea, concept or invention to Playfulbitsx by email, you
automatically grant-or warrant that the owner of such content or intellectual
property has expressly granted- Playfulbitsx a royalty-free, perpetual,
irrevocable, world-wide nonexclusive license to use, reproduce, create
derivative works from, modify, publish, edit, translate, distribute, perform,
and display the communication or content in any media or medium, or any form,
format, or forum now known or hereafter developed. Playfulbitsx may sublicense
its rights through multiple tiers of sublicenses. If you wish to keep any
business information, ideas, concepts or inventions private or proprietary, do
not submit them to the Public Areas or Social Media Platforms or to Playfulbitsx
by email. We try to answer every email in a timely manner, but are not always
able to do so.
User Submissions — Image, Video, Audio Files
You agree to only post
or upload media (like photos, videos or audio) on the Playfulbitsx site or a
Social Media Platform that you have taken yourself or that you have all rights
to transmit and license and which do not violate trademark, copyright, privacy
or any other rights of any other person. Photos or videos of celebrities and
cartoon or comic images are usually copyrighted by the owner.
To protect your privacy,
you agree that you will not submit any media that contains Personally
Identifiable Information (like name, phone number, email address or web site
URL) of you or of anyone else. Uploading media like images or videos of other
people without their permission is strictly prohibited.
By uploading any media
on the Playfulbitsx site or a Social Media Platform, you warrant that you have
permission from all persons appearing in your media for you to make this
contribution and grant rights described herein. Never post a picture or video
of or with someone else unless you have their explicit permission.
IT IS STRICTLY
PROHIBITED TO UPLOAD MEDIA OF ANY KIND THAT CONTAIN EXPRESSIONS OF HATE, ABUSE,
OFFENSIVE IMAGES OR CONDUCT, OBSCENITY, PORNOGRAPHY, SEXUALLY EXPLICIT OR ANY
MATERIAL THAT COULD GIVE RISE TO ANY CIVIL OR CRIMINAL LIABILITY UNDER
APPLICABLE LAW OR REGULATIONS OR THAT OTHERWISE MAY BE IN CONFLICT WITH THESE
TERMS AND CONDITIONS AND THE Playfulbitsx PRIVACY POLICY.
You agree that you will
not upload 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 this Web site.
By uploading any media
on the Playfulbitsx site or a Social Media Platform like a photo or video, (a)
you grant to Playfulbitsx a perpetual, non-exclusive, worldwide, royalty-free
license to use, copy, print, display, reproduce, modify, publish, post,
transmit and distribute the media and any material included in the media; (b)
you certify that any person pictured in the submitted media (or, if a minor,
his/her parent/legal guardian) authorizes Playfulbitsxto use, copy, print,
display, reproduce, modify, publish, post, transmit and distribute the media
and any material included in such media; and (c) you agree to indemnify Playfulbitsx
and its affiliates, directors, officers and employees and hold them harmless
from any and all claims and expenses, including attorneys’ fees, arising from
the media and/or your failure to comply with these the terms described in this
document.
Playfulbitsx reserves
the right to review all media prior to submission to the site and to remove any
media for any reason, at any time, without prior notice, at our sole discretion.
Playfulbitsx Reserves the Right (but is Not
Obligated) to Do Any or All of the Following:
Record the dialogue in
public chat rooms;
Investigate an
allegation that a communication(s) do(es) not conform to the terms of this
section and determine in its sole discretion to remove or request the removal
of the communication(s);
Remove communications
which are abusive, illegal, or disruptive, or that otherwise fail to conform
with these Terms and Conditions;
Terminate a user’s
access to any or all Public Areas and/or the Playfulbitsx Site upon any breach
of these Terms and Conditions;
Monitor, edit, or
disclose any communication in the Public Areas or on a Social Media Platform;
Edit or delete any
communication(s) posted on the Playfulbitsx Site, regardless of whether such
communication(s) violate these standards;
Playfulbitsx or its
licensors have no liability or responsibility to users of the Playfulbitsx Site
or any other person or entity for performance or nonperformance of the
aforementioned activities.
Advertisements, Searches, and Links to Other Sites
Playfulbitsx may provide
links to third-party web sites. Playfulbitsxalso may select certain sites as
priority responses to search terms you enter and Playfulbitsx may agree to
allow advertisers to respond to certain search terms with advertisements or
sponsored content. Playfulbitsx does not recommend and does not endorse the
content on any third-party websites. Playfulbitsxis not responsible for the
content of linked third-party sites, sites framed within the Playfulbitsx Site,
third-party sites provided as search results, or third-party advertisements,
and does not make any representations regarding their content or accuracy. Your
use of third-party websites is at your own risk and subject to the terms and
conditions of use for such sites. Playfulbitsxdoes not endorse any product,
service, or treatment advertised on the PlayfulbitsxSite.
Indemnity
You agree to defend,
indemnify, and hold Playfulbitsx, its officers, directors, employees, agents,
licensors, and suppliers, harmless from and against any claims, actions or
demands, liabilities and settlements including without limitation, reasonable
legal and accounting fees, resulting from, or alleged to result from, your
violation of these Terms and Conditions.
General
Playfulbitsx makes no
claims that Playfulbitsx, or any Site within the Playfulbitsx Network and the
Content are appropriate or may be downloaded outside of the United States.
Access to the Content may not be legal by certain persons or in certain
countries. If you access the Playfulbitsx Network from outside the United
States, you do so at your own risk and are responsible for compliance with the
laws of your jurisdiction.
The following provisions
survive the expiration or termination of this Agreement for any reason
whatsoever: Liability, User Submissions, User Submissions – image, video, audio
files, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that
exclusive jurisdiction for any dispute with Playfulbitsx, or in any way
relating to your use of the Playfulbitsx Site, resides in the courts of the
State of California and you further agree and expressly consent to the exercise
of personal jurisdiction in the courts of the State of California in connection
with any such dispute including any claim involving Playfulbitsx or its
affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers, and content providers.
These Terms and
Conditions are governed by the internal substantive laws of the State of
California, without respect to its conflict of laws principles. If any
provision of these Terms and Conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any of these Terms
and Conditions shall be deemed a further or continuing waiver of such term or
condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any
materials accessible on or from the Site infringe your copyright, you may
request removal of those materials (or access thereto) from this web site by
contacting Playfulbitsx’s e-mail and providing the following information:
Identification of the
copyrighted work that you believe to be infringed on. Please describe the work,
and where possible include a copy or the location (e.g., URL) of an authorized
version of the work;
Identification of the
material that you believe to be infringing and its location. Please describe
the material, and provide us with its URL or any other pertinent information
that will allow us to locate the material;
Your name, address,
telephone number and (if available) e-mail address;
A statement that you
have a good faith belief that the complained of use of the materials is not
authorized by the copyright owner, its agent, or the law;
A statement that the
information that you have supplied is accurate, and indicating that “under
penalty of perjury,” you are the copyright owner or are authorized to act on
the copyright owner’s behalf;
A signature or the
electronic equivalent from the copyright holder or authorized representative.
In an effort to protect
the rights of copyright owners, Playfulbitsx maintain a policy for the
termination, in appropriate circumstances, of subscribers and account holders
of the Site who are repeat infringers.
Complete Agreement
Except as expressly
provided in a particular “legal notice” on the Playfulbitsx Site, these Terms
and Conditions and the Playfulbitsx Privacy Policy constitute the entire
agreement between you and Playfulbitsx with respect to the use of the Playfulbitsx
Site, and Content.
Thank you for your
cooperation. We hope you find the PlayfulbitsxSite helpful and convenient to
use!