Categories of Personally Identifiable Information that Playground Collects
Playground may collect information that you provide to Playground in connection with your use of the Site when you provide your contact information to Playground via the Site or otherwise interact with the Site. This information may include your first and last name, your address, email address, telephone number, and any additional information you provide to Playground via the Site.
Playground may also collect certain technical information about your use of the Site. This technical information may include technical information about your device(s), browser type and version, computer and connection information, statistics on page views, traffic to and from the Site, ad data, Wi-Fi connection information, IP address, and standard web log information.
How Playground Uses Your Personally Identifiable Information
Playground may use information that Playground collects about you to: (A) to communicate with you; (B) personalize, customize, measure, and improve Playground’s services, content, and advertising; (C) prevent, detect, and investigate potentially prohibited or illegal activities or a breach of the applicable agreement(s) between you and Playground; (D) analyze the accuracy, effectiveness, usability, or popularity of the Site; (E) generate and review reports and data about Playground’s user base and service usage patterns; (F) compile aggregate data for internal and external business purposes; and (G) resolve disputes and troubleshoot problems.
Categories of Third-Party Persons or Entities With Whom Playground May Share Your Personally Identifiable Information
Playground may disclose the information we collect from you to the following third parties:
Playground’s Service Providers. Playground may share your information with third-party contractors, agents, collaborators, or service providers who provide certain services to Playground or on Playground’s behalf, such as operating and supporting the Site.
Companies that Acquire Playground’s Business or Assets. If Playground becomes involved in a merger, acquisition, sale of assets, securities offering, bankruptcy, reorganization, or dissolution or if the ownership of all or substantially all of Playground’s business relating to the Site otherwise changes, Playground may provide your information to a third party or parties in connection with the applicable transaction.
Playground’s Affiliates. Playground may share some or all of your information with Playground’s parent company, subsidiaries and corporate affiliates, joint venturers or other companies under common control with Playground.
Aggregate Information. Playground may share information relating to visitors and users of the Site with affiliated or unaffiliated third parties on an aggregate basis. While this information will not identify you personally, in some instances these third parties may be able to combine this information with other data they have about you, or that they receive from third parties, in a manner that allows them to associate this aggregated data with your personal data.
Legal Requirements. Playground may share your information with law enforcement, governmental agencies, or authorized third parties, in response to a request relating to a criminal investigation or alleged illegal activity or any other activity that may expose Playground, you, or any other Playground user to legal liability, or to protect Playground’s rights or property, or during emergencies when safety is at risk. Playground may also share your information in response to court orders, subpoenas, or other legal or regulatory requests, and Playground may provide access to your information to Playground’s legal counsel and other consultants in connection with actual or potential litigation.
Your information may also be disclosed to third parties in unforeseeable situations or situations that are not preventable even when commercially reasonably protections are employed, such as in the case that Playground or the Site is subject to a hacking or other attack.
Do Not Track
You may be able to adjust your browser settings or other settings so that “do not track” requests are sent to the Site’s websites and mobile applications. Playground will not disable tracking technology that may be active on the Site in response to any “do not track” requests that are sent to the Site.
Personally Identifiable Information About Your Online Activities Over Time and Across Different Websites
Playground does not permit third parties to collect personally identifiable information about your online activities over time and across different websites when you use the Site.
Playground takes reasonable measures to protect the information you provide to Playground or submit through the Site against loss, theft, unauthorized use, disclosure, or modification. However, Playground cannot guarantee or warrant the security of any information you transmit to Playground or submit through the Site and you do so at your own risk.
Accessing, Changing and Managing Your Information.
Notice of Privacy Rights to California Residents: Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, information related to the personal information disclosed by Playground to third parties for direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing Playground at [email protected] or sending a letter to:
380 Portage Avenue
Palo Alto, CA 94306
Effective Date: November 16, 2015.
1. Changes to the Terms
We reserve the right to, at any time, with or without cause:
change the terms and conditions of the Terms;
change the Site, including eliminating or discontinuing any service or other feature of the Site; or
deny or terminate your use of and/or access to the Site
Any changes we make will be effective immediately upon our making such changes available on the Site or otherwise providing notice thereof. You agree that your continued use of the Site after such changes constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of the Terms.
You may not use the Site, or assist or encourage any other party, to engage in any of the following prohibited activities:
Copying, framing, or mirroring any part of the Site;
Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling, or otherwise attempting to extract the source code of the software underlying the Site or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Playground;
Publishing, transmitting, distributing, or storing content, material, information, or data that: (a) is illegal, obscene, defamatory, libelous, threatening, harassing, abusive, or hateful or that advocates violence or threatens the health of others; (b) is harmful to or interferes with the Site or any third party’s networks, equipment, applications, services, or websites (e.g., viruses, worms, Trojan horses, etc.); (c) infringes, dilutes, misappropriates, or otherwise violates any privacy, intellectual property, publicity, or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets, or other proprietary information (including unauthorized use of domain names); or (d) is fraudulent or contains false, deceptive, or misleading statements, claims, or representations (such as “phishing”);
Attempting to disrupt, degrade, impair, or violate the integrity or security of the Site or the computers, services, accounts, or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Playground internet protocol space;
Copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to Playground than a human can reasonably produce in the same period of time by using a conventional web browser;
Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
Collecting or harvesting any personally identifiable information from the Site;
Using the Site for any commercial solicitation purposes;
Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
Bypassing the measures we may use to prevent or restrict access to the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
Violating any applicable law, statute, ordinance, or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
Transmitting any trade secret or other material, non-public information about any person, company, or entity without the authorization to do so;
Removing any copyright, trademark, or other proprietary rights notices contained in or on the Site; and/or
Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Site’s servers or any data not intended for you.
You should be aware that a significant portion of the Materials include or consist of information that has been provided by third parties and has not been validated or verified by us. In connection with our investment activities, we often become subject to a variety of confidentiality obligations to funds, investors, portfolio companies, individuals, and other third parties. Any statements we make may be affected by those confidentiality obligations. Without limitation on the effect of other warnings and disclaimers set forth in these Terms, you should interpret any statements we make (on this Site or otherwise) in that context.
4. No Offer, Solicitation, or Advice
Except as expressly set forth by an authorized representative of Playground in writing, nothing on this Site is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment or business advice or an offer to provide such advice, or (iii) a basis for making any investment or business decision. Except as expressly stated by an authorized representative of Playground in writing, neither this Site nor any of the Materials make any effort to present a comprehensive or balanced description of Playground or its investment or business activities.
5. Submitting a Business Plan or Other Confidential Information
Due to the large number of business plan ideas and related materials that we review, and the similarity of many such plans and materials, we cannot accept responsibility for protecting against misuse or disclosure any confidential or proprietary information or other materials in the absence of our express written agreement to do so. Please consider this carefully before sending us any information or other materials that you deem confidential or proprietary.
If you submit any content, materials, or information (including business plans and related materials) (collectively, “User Content”) to Playground, you hereby grant Playground a non-exclusive, worldwide, royalty-free, fully paid, irrevocable right and license under all of your intellectual property rights in such User Content, now existing or hereafter arising, to use, copy, modify, and distribute such User Content in connection with Playground’s review and analysis of your User Content, including any decision by Playground to invest or to invite you to participate in Playground activities or events.
6. Feedback; Trademarks
You may choose to or we may invite you to submit comments, suggestions, feedback, or ideas about the Site, including, without limitation, about how to improve the Site or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction. We are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. Playground will be free to use, disclose, reproduce, license, distribute, modify, perform, display, and exploit the Feedback you provide, without any restriction of any kind on account of intellectual property rights or otherwise. You further acknowledge that, by acceptance of your submission, Playground does not waive any rights to use similar or related ideas previously known to Playground, or developed by its employees, or obtained from sources other than you.
The trademarks, logos, and service marks displayed on the Site (collectively, the “Playground Trademarks”) are the registered and unregistered trademarks of Playground, Playground’s licensors and suppliers, and/or others. Nothing contained in these Terms or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Playground Trademark(s) without the express written permission of Playground, Playground’s licensors or suppliers, or the third-party owner of any such Playground Trademark.
No license is granted to you with respect to the Site, whether expressly or by implication, estoppel, or otherwise.
7. Third-Party Sites
8. No Use by Children
You hereby affirm that you are over the age of thirteen (13), as the Site is not intended for children under 13. If you are under 13 years of age, then you may not use the Site. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
9. Term & Termination
These Terms are effective from the date on which you first access the Site and shall remain effective until terminated in accordance with its terms. Playground may immediately terminate these Terms, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Playground may also terminate these Terms immediately if you fail to comply with any term or provision of these Terms. Upon termination of these Terms by either party, you shall cease all use of the Site. Upon termination or expiration of these Terms for any reason, Sections 13-16 shall survive.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or any part of portion thereof. Nothing in these Terms shall be construed to obligate Playground to maintain and support the Site, or any part or portion thereof.
THE WEBSITE AND MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE WEBSITE OR MATERIALS ARE CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SITE, OR YOUR USE OF THE SITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SITE, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SITE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, AND YOUR RELIANCE THEREON.
11. Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER PLAYGROUND NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE OR MATERIALS, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. PLAYGROUND’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to fully indemnify, defend (at Playground’s request), and hold Playground, our licensors, suppliers, agents, successors, and assigns, and our and their directors, officers, employees, consultants, and other representatives (collectively, the “Playground Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your actual or alleged breach of these Terms; (b) any allegation that the User Content infringes, misappropriates, or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Site or other websites to which the Site is linked; (d) your negligence or willful misconduct; (e) your use of the results, content, data, or information provided via the Site; (f) any service or product offered by you in connection with or related to your use of the Site; and/or (g) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities.
13. Jurisdictional Issues
Playground makes no representation that the Site operates (or is legally permitted to operate) in all geographic areas, or that the Site is appropriate or available for use in other locations. Accessing the Site from territories where the Site or any content or functionality of the Site or portion thereof is illegal is expressly prohibited. If you choose to access the Site, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws. The Site is operated from the United States. If you are located outside of the United States and choose to use the Site or provide your information to us, your information will be transferred, processed, and stored in the United States. U.S. privacy laws may not be as protective as those in your jurisdiction. Your agreement to these Terms followed by your submission of your information in connection with the Site represents your agreement to this practice. If you do not want your information transferred to or processed or stored in the United States, you should not use the Site.
14. Notice for California Users
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
15.Choice of Law and Forum
These Terms and your relationship with Playground Parties shall be governed by, and construed and interpreted in accordance with, the laws of the State of California without regard to its conflict of laws principles. The parties irrevocably consent to bring any action to enforce these Terms in the federal or state courts located in Santa Clara County, California and you consent to the exclusive jurisdiction of the federal or state courts located in Santa Clara County, California.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect, and such provision will be reformed in a manner to effectuate the original intent of the parties as closely as possible and remain enforceable. If such reformation is not possible in a manner that is enforceable, then such term will be severed from the remaining terms, and the remaining terms will remain in effect. This is the entire Terms between you and Playground relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. These Terms may not be changed, waived, or modified except by a written instrument signed by Playground. These Terms are between you and Playground; there are no third-party beneficiaries. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Playground’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Playground may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Except as explicitly stated otherwise, legal notices shall be served on Playground at legal @playground.global (in the case of Playground) or to the e-mail address you have designated on your account (in your case). Notice to you shall be deemed given 24 hours after the email is sent. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
The Site is Operated By
Playground Global, LLC
Effective November 16, 2015