Terms of Use

Welcome to Playground! Playground AB (“Playground,” “we,” or “us”) is a Swedish company that provides an children safe online multimedia entertainment platform offering two primary services. “Playground AVOD” is a free advertising-supported video streaming service that delivers a selection of movies, television shows, and other videos through our website located at www.playground.tv and in our android and ios devices (“Mobile Apps”). As used in these Terms of Use, the “Services” means Playground AVOD,

These Terms of Use govern your use of our Services. By accessing, using, or subscribing to the Services, you agree to these Terms of Use. If you do not agree to these Terms of Use in their entirety, you do not have permission to access, subscribe to, or otherwise use the Services. Please read these Terms of Use carefully.

 

Playground reserves the right at any time to amend or modify these Terms of Use, to discontinue all or any portion of the Services, or to add or remove any features to or from the Services. Playground agrees to post all amended forms of these Terms of Use on our website, located at the Website and in our Mobile Apps, and such amended forms shall be effective immediately upon posting. It is at all times your responsibility to read the most current form of the Terms of Use to ensure that you agree to the terms and conditions of any amendments to the Terms of Use. You agree that this procedure for giving notice of amendments to the Terms of Use is reasonable. Your use of the Services constitutes your acceptance of any such amendment, modification, discontinuance, addition or removal.

Playground reserves the right at any time to amend or modify these Terms of Use, to discontinue all or any portion of the Services, or to add or remove any features to or from the Services. Playground agrees to post all amended forms of these Terms of Use on our Website, and such amended forms shall be effective immediately upon posting. It is at all times your responsibility to read the most current form of the Terms of Use to ensure that you agree to the terms and conditions of any amendments to the Terms of Use. You agree that this procedure for giving notice of amendments to the Terms of Use is reasonable. Your use of the Services constitutes your acceptance of any such amendment, modification, discontinuance, addition or removal.

The Playground Privacy Policy, which are available on our Website, govern any information you submit via the Services and are incorporated by reference in these Terms of Use. All other policies posted by Playground are also incorporated into these Terms of Use by reference. Each reference to these Terms of Use herein includes reference to the Privacy Policy and all other policies posted on the Website and Mobile App. You shall comply with these policies when accessing or using the Services.

1. License
The Services are provided for your personal and non-commercial use only. Playground grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use the Services as set forth in these Terms of Use. Except for the foregoing limited license, no right, title or interest shall be transferred to you.2. Content
All “Content,” including but not limited to all video, software, digital downloads of sound recordings, streamed sound recordings, comics, games, and related digital content, including songs, mixes and loops, downloads or samples, and all artwork, graphics, text, editorials and news, blog posts, interfaces, trademarks, logos, images, photographs, and any other element of the Services, including the layout, look and feel, organization, and coordination of such Content through the Services is the property of or is licensed to Playground, and is protected by E.U., U.S. and international trademark, trade dress, copyright, patent and other intellectual property rights laws. Without the prior written consent of Playground, you shall not transmit, distribute, translate, publicly display, upload, publish, record, retransmit, rent, sell, digitize, endorse, reproduce, alter to make new works, perform, or compile any Content in any commercial way.

3. Use Within Laws and Regulations
You agree to use the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree that you shall comply with these Terms of Use and shall not:

1. archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use, except as explicitly provided herein, any Content and information contained in or obtained from or through the Services;
2. delete the copyright or other proprietary rights notices from the Content or Services;
3. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Services;
4. use any robot, spider, scraper or other automated means to access the Services;
5. decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services;
6. insert any code or product or manipulate the content of the Services in any way;
7. use any data mining, data gathering or extraction method;
8. collect any information in violation of Playground’s Privacy Policy;
9. upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services, including any software viruses or any other computer code, files or programs;
10. remove, modify, disable, block, impair, or obscure any advertising in connection with the Services; or
11. use or encourage the use of the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and and privacy policy.

4. Termination
We reserve the right to suspend or terminate your use of the Services if you violate these Terms of Use or you otherwise engage in any illegal or fraudulent use of the Services.

5. Changes and Limitations
Due to licensing restrictions, not all Content may be available in all regions, and you agree to only access our Content from a region in which we operate the Services. Playground, at its sole discretion, may at any time add or remove Content or Services, change the territories where Content or Services are available, revise the names of Services and/or change the scope and content of Services without notice.

6. Internet Connection
Playground makes no representations or warranties about the quality of your viewing experience. You agree to access the Services using a stable, high-speed Internet connection. By using the Services, you acknowledge that the quality, clarity and speed of the Services may vary based on a variety of factors, such as your device, your location, the bandwith available or speed of your Internet connection. You are responsible for all Internet access and data usage charges.

7. Objectionable Material
When using the Services, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Services at your own risk and Playground shall have no liability to you for Content that may be found objectionable, indecent, or offensive.

8. No Unsolicited Materials
Playground does not accept unsolicited materials or ideas for movies, television shows, comics, music, games, merchandise, or any other types of Content, and is not responsible for the similarity of any of its Content to materials or ideas transmitted to Playground.

 

The Services are intended for use in North America and Europe. If you access the Services from outside these territories, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

1. Registration
Playground may make certain Services available to you that require you to register an account. Registering an account for the Services requires you to provide a username and/or email accompanied by with password. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. Playground reserves the right at any time to cancel your account for any reason.

2. Account Credentials
You agree to maintain control over your account and to neither share the credentials of your account nor access the Service with the credentials of another person’s account. You are responsible for maintaining the confidentiality of any password you create for the Services. If you determine, or have reason to believe, that an unauthorized party has gained access to your password, you shall immediately notify Playground. Use of the password, whether or not authorized by you, shall be your sole responsibility and risk.

3. Privacy
Any personal information that you provide in connection with your account registration shall be used in accordance with our Privacy Policy.

4. Electronic Communications
We shall send you information relating to your account (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages or other notices) in electronic form only, for example via e-mail to the e-mail address you provide during registration.

 

1. Playground Retains Rights
Except as expressly set forth herein, all intellectual property rights in the Services and all material available therein, including, but not limited to, Content, text, graphics, logos, button icons, images, audio clips, data compilations, software, source code and object code, and the compilation, combination, look and feel or other works, concepts, inventions or other protectable aspects of the Services, are the property of Playground or its licensors. Playground retains all copyrights in the individual pages and their components, compilations, and collective works available through the Services. You agree and acknowledge that no title to any software or any other aspect of the Services shall pass to you under these Terms of Use.

2. Copyright
The Services are copyrighted and protected by federal and worldwide copyright laws and treaty provisions and other intellectual property laws. Except as set forth in the limited license in Section 4.2 herein, or as required under applicable law, you shall not use, copy, distribute, republish, prepare derivative works based on, reproduce, duplicate, sell, resell, access, reverse engineer, modify or otherwise exploit, in whole or in part, either the Content or any other portion or feature of the Services, for any purpose without our prior written consent. In addition, you shall not frame or utilize framing techniques to enclose the Content or any portion thereof without our prior written consent.

3. Trademark
Trademarks, including Playground and Playtoons, are the property of Playground. All other names and trademarks are the property of their respective holders. These Terms of Use do not grant you a license to use any trademark, trade name, or logo of Playground, and you recognize that the trademarks, trade names, and logos of Playground represent valuable assets of Playground and that substantial recognition and goodwill are associated with such trademarks, trade names, and logos. You shall not use or permit any third party to use, at any time, Playground’s trademarks, trade names, or logos.

 

1. Notice to Playground
Playground prohibits the posting of any information that infringes or violates the copyright rights of any person or entity. If you believe that any Content or other material offered through the Services infringes on your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to our Designated Agent who is:

Playground TV AB
Attn: Legal Dept. – Copyright Agent
Lilla Torget 4
411 18 Gothenburg, Sweden
copyright@playground.tv

2. Effective Notice
To be effective, the notification must be in writing and contain the following information:

(i) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the Content or other material that is claimed to be infringing, and information reasonably sufficient to permit Playground to locate the Content or other material;
(iv) your contact information, including your address, telephone number, and e-mail address;
(v) a statement that you have a good faith belief that use of the Content or other material is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in your 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. To confirm these requirements, please consult your legal representative or review 17 U.S.C. § 512(c)(3).

3. Repeat Infringers
In accordance with the DMCA, Playground shall terminate, without notice, any person’s access to the Services if Playground determins that such person is a repeat infringer.

 

THE SERVICES, INCLUDING THE CONTENT AND ANY DOWNLOADABLE PRODUCTS OR PHYSICAL MERCHANDISE PROVIDED THEREWITH, ARE PROVIDED AS IS, AS AVAILABLE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Playground, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (TOGETHER, THE “Playground PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE Playground PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS WILL BE CORRECTED.

YOUR USE OF AND ACCESS TO THE SERVICES AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL THE Playground PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, ANY DELAY IN OR INABILITY TO USE THE SERVICES OR ANY CONTENT, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICES OR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES OR ANY CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE Playground PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. THE Playground PARTIES SHALL HAVE NO LIABILITY FOR INJURY OR DAMAGE CAUSED BY OR ARISING IN CONNECTION WITH ANY PHYSICAL MERCHANDISE PURCHASED OR RECEIVED BY YOU IN CONNECTION WITH THE SERVICES. SUCH LIABILITY SHALL BE AND REMAIN THE SOLE RESPONSIBILITY OF THE PRODUCT BRAND OR MANUFACTUER.

NOTWITHSTANDING THE FOREGOING, IF FOR ANY REASON ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY IS HELD UNENFORCEABLE, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Playground PARTIES, UNDER OR IN CONNECTION WITH THESE TERMS OF USE, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, ANY DELAY IN OR INABILITY TO USE THE SERVICES OR ANY CONTENT, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICES OR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES OR ANY CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE GREATER OF FIFTY U.S. DOLLARS ($50.00) OR THE AGGREGATE FEES PAID BY YOU TO Playground FOR THE USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, Playground WOULD NOT ALLOW YOU TO ACCESS, SUBSCRIBE TO, OR OTHERWISE USE THE SERVICES OR ANY CONTENT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW. VOID WHERE PROHIBITED BY LAW.

 

You shall indemnify, defend, and hold harmless the Playground Parties from and against any and all claims, actions, suits, losses, liabilities, expenses, damages, and costs, including attorneys’ fees, arising out of, in connection with or resulting from:

1. your use of the Services and the Content;
2. any breach by you of these Terms of Use; and
3. acts or omissions of you or any person or entity accessing the Services and the Content using your account and password.

Playground reserves the right, at its own expense, but without the obligation to do so, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you shall cooperate with Playground’s defense of such claim.

 

These Terms of Use shall be governed by and construed in accordance with the laws of Sweden, without regard for its conflicts of laws principles. Any action, claim or proceeding arising out of or relating to the Services or these Terms of Use must be brought in the appropriate court located in Gothenburg, Sweden. You hereby consent to the exclusive jurisdiction of such court in any such action, claim or proceeding and submit yourself to such jurisdiction. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

1. Entire Agreement
These Terms of Use, the Privacy Policy and any other policies posted by Playground on the Website in connection with the Services constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

2. Severability
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, then that provision shall be deemed severable from these Terms of Use and the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

3. Waiver
Any failure to enforce any term or provision of these Terms of Use shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms of Use. In addition, any failure to enforce any term or provision of these Terms of Use shall not constitute a waiver of a future breach of that or any other term or provision of these Terms of Use.

4. Assignment
Playground may assign these Terms of Use, in whole or in part, in its sole discretion. You shall not assign or transfer these Terms of Use, or any rights or licenses granted hereunder, in whole or in part, to any party.

5. Notice
Playground may deliver notice to you under these Terms of Use by means of e-mail, a general notice on Playground’s Website, or by written communication delivered by first class postage prepaid international mail to your address or contact information on record in Playground’s account information. You may give notice to Playground at any time via e-mail to support[at]playground.tv with subject “cancel subscription”.

6. Headings
The Section headings contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use.

7. Survival
The following Sections shall survive any termination of these Terms of Use:; Intellectual Property; Disclaimer of Warranties, Limitation of Liability; Indemnification; Governing Law; and Miscellaneous.

8. Online Disput Resolution
”Online Dispute Resolution according to Art. 14 of EU Regulation No 524/2013: The European Commission offers an online dispute resolution platform which is accessible under http://ec.europa.eu/consumers/odr/