The following Terms and Conditions are entered into by and between You (“Challenge Participant” or “You”) and Playroom Chronicles (“Company”, “we”, or “us”).
The Company agrees to provide you with access to the virtual event entitled, “HoliPlay Challenge” (“Event”). By purchasing a ticket for and as a condition of participating in the Event, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Challenge Participant with access to the Event, which provides education and information. The information contained in the Event, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
The event will be conducted virtually. The Company shall provide the following to You as a ticket holder:
Access To Virtual Event Area – The Company shall maintain an Event Area that will include presentations. You shall have access to this Event Area for the posted days of the challenge.
Access To Private Discussion Group –Company shall maintain a Private Group that You will have access to as an event attendee. The group will be open until November 15, 2023. That Group provides a forum for You to connect with other Event participants. Members of the Company will seek to interact with Event participants in the group, but the Company does not make any guarantees about participation by any of its employee, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund.
VIP-Only Benefits – In addition to the above, VIP Ticket Holders will receive access to VIP-only question and answer sessions for thirty minutes at the end of each challenge day, as well as access to a private podcast feed and video recordings for 30 days, and four digital printables!
Publicity Waiver And Release
The Company will be recording all of the presentations that are part of the Event. This shall include the main stage sessions, breakout sessions, VIP question and answer sessions, coaching sessions, and the chat that occurs during the event. The Company reserves the right to use these recordings commercially for all legal purposes. As a condition of participating in the Event, you hereby irrevocably permit, authorize, grant, and license Company and its affiliates, successors, and assigns, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons“), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use the Event recordings, including to the extent that your name, image, likeness, appearance, voice, or other identifiable information might appear on the recordings of the Event. The Company shall be the exclusive owner of all rights, including copyright, in the recordings. You hereby irrevocably transfer, assign, and otherwise convey to Company my entire right, title, and interest, if any, in and to the recordings and all copyrights and other intellectual property rights in the recordings arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers.
In other words, the Company has the right to use the recordings – including any audio or video recordings of You participating in any sessions as part of the Event – commercially, including as marketing material going forward.
Ownership Of All Intellectual Property
All content included as part of the Event, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Event, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Event are the trademarks of their respective owners. Your participation in the Event does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Event, You agree to observe and abide by all copyright and other intellectual property protection. You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Event content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Event.
The Company content is not for resale. Your participation in the Event does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
By participating in the Event, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Event or not. The Company provides educational and informational resources that are intended to help participants in the Event succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether Challenge Participants of the Company or otherwise – applying the principles included in the Event are no guarantee that you or any other person or entity will be able to obtain similar results. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Event. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Event.
The Company makes no warranties regarding the performance or operation of the Event, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Event. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Event and/or any information and resources contained in the Event. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Event.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Event, with the delay or inability to use the Event or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Event, or otherwise arising out of the use of the Event, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Event.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Dedham, Massachusetts. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Event and the related services or any portion thereof at any time, if You become disruptive to the Company or other Event participants, if You fail to follow the Event guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Agreement shall commence and be enforceable with respect to you on the date you reserve or purchase your ticket for the Event.