TERMS AND CONDITIONS

Playtime Deland

Last updated: July 10, 2026

Introduction

These Terms and Conditions ("Terms & Conditions") apply to your use of the following digital services (collectively, the "Digital Services"): (i) this website (the "Website") and other websites we manage or own, (ii) any software applications we make available for use on or through computer and mobile devices (the "App(s)"), and (iii) any other digital communications or content we may publish that link to these Terms & Conditions, including advertisements we may place on third-party websites such as social media pages. The Digital Services, and our indoor playground facility located in Deland, Florida (the "Facility"), are owned and operated by Playtime Deland ("we," "us," or "our").

YOUR ACCESS OR USE OF ANY PORTION OF THE DIGITAL SERVICES, AND/OR YOUR VISIT TO OUR FACILITY, CONSTITUTES YOUR UNCONDITIONAL CONSENT TO FOLLOW AND BE BOUND BY THESE TERMS & CONDITIONS AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY US. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS & CONDITIONS, YOU ARE NOT PERMITTED TO USE OR ACCESS THE DIGITAL SERVICES OR THE FACILITY.

All references to "you" or "your" in these Terms & Conditions mean the person who accesses or uses the Digital Services or the Facility in any manner, and each of your heirs, assigns, and successors. If you are a parent or legal guardian booking, registering, or checking in on behalf of a minor child, you represent and warrant that you have the authority to bind that child to these Terms & Conditions, and you accept these Terms & Conditions on the child's behalf.

These Terms & Conditions describe the rules that everyone must follow to use the Digital Services and visit our Facility, and outline the terms that will apply to any dispute between you and us, including a class action waiver, limitation on damages, and an agreement by you to arbitrate all disputes.

Please also visit our Privacy Policy, which explains our policies for the collection, use, and disclosure of personal information. By accessing or using the Digital Services or visiting our Facility, you are also agreeing to our Privacy Policy.

About Our Facility

Playtime Deland is an indoor playground featuring attractions such as slides, ball pits, claw machines, and other interactive play areas. We are not a trampoline park, and we do not offer trampoline equipment of any kind. References in these Terms & Conditions to "play" or "play areas" refer to the attractions actually offered at our Facility from time to time, which may change without notice.

Use of Digital Services

The Digital Services and their contents are intended solely for your own individual, non-commercial use. In addition, you agree not to: (a) use or access the Digital Services for any purpose that is unlawful or prohibited by these Terms & Conditions; (b) use or access the Digital Services in a manner that could damage, disable, overburden, or impair any servers or the networks connected to any servers; (c) interfere with any third party's use and enjoyment of the Digital Services; or (d) attempt to gain unauthorized access to accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means.

You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third-party software products that support encryption and other security protocols compatible with those (if any) that may be used by us from time to time in connection with the Digital Services.

The Digital Services may direct you to third-party websites, software, tools, or applications. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party websites, software, tools, or applications, or for any other materials, products, or services of third parties. Please review carefully the privacy policies and terms and conditions of any third party before you engage in any transaction with them. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Admission, Parties, Memberships, and Other Bookings

The Digital Services may allow you to purchase day passes, book a birthday party or event, or sign up for a membership at our Facility (each a "Booking"). Each Booking is subject to all prices, restrictions, and inclusions specified on the Digital Services or at the Facility at the time you make it, but if there is a conflict between that information and these Terms & Conditions, these Terms & Conditions will govern. Unless otherwise indicated at the time you make the Booking, all Bookings are non-refundable and non-transferrable to any other person. Some Bookings may require you to visit the Facility, speak with a member of our staff, or take other steps to complete the Booking, such as presenting a valid form of identification or payment.

All admission to, and use of, the Facility is strictly conditioned on you, and every child in your party, having a signed participant liability waiver on file, completed by a parent or legal guardian for any minor. We may refuse admission to anyone without a properly completed waiver.

While we try to keep availability information on the Digital Services up to date, availability at the Facility is subject to change at any time, including due to private events, capacity limits, or maintenance.

We currently use one or more third-party vendors to manage online Booking and payment processing. We do not collect, manage, or process the payment information you submit when you make or pay for a Booking, though we may have access to certain portions of that information, such as information needed to match your Booking with you upon arrival at the Facility. The policies and practices governing the collection and processing of information you submit when making or paying for a Booking are set out in our Privacy Policy and in the privacy policy and terms of the applicable third-party vendor, which may differ from ours.

We make no representations or warranties regarding the availability of any attraction or service at the Facility at any given time.

Assumption of Risk

Play at an indoor playground facility, including use of slides, ball pits, climbing structures, and similar attractions, involves inherent risks of injury, including but not limited to falls, collisions with other guests, and strains or sprains. By visiting the Facility or permitting a child in your care to visit the Facility, you acknowledge and voluntarily assume these risks on behalf of yourself and any minor in your care, to the fullest extent permitted by law. You agree to supervise any children in your care while at the Facility, in accordance with our posted supervision policies, and to follow all posted rules, height/age restrictions, and staff instructions for each play area or attraction. Nothing in this section is intended to limit the specific terms of any liability waiver you sign at or before your visit, which will govern to the extent it provides additional or different terms.

Passwords & Accounts

You may be asked to create an account and/or lOVERVIEW
Welcome to Playtime Deland ! The terms "we", "us" and "our" refer to Playtime Deland . Playtime Deland operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Playtime Deland is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Playtime Deland reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Playtime Deland confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Playtime Deland may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Playtime Deland , its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Playtime Deland , Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Playtime Deland .
Playtime Deland 's names, logos, product and service names, designs, and slogans are trademarks of Playtime Deland or its affiliates or licensors. You must not use such trademarks without the prior written permission of Playtime Deland . Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
Playtime Deland is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Playtime Deland . By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Playtime Deland , including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Playtime Deland .

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Playtime Deland , Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Playtime Deland , THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Playtime Deland , OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Playtime Deland , Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Playtime Deland is headquartered. You and Playtime Deland consent to venue and personal jurisdiction in such courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at evergreennovelties@gmail.com.
Our contact information is posted below:
[INSERT TRADING NAME]
evergreennovelties@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] og in to the Digital Services to take advantage of certain features, such as making an online Booking (a "Digital Account"). If you create a Digital Account, you are exclusively responsible for: (i) maintaining the confidentiality and security of your password(s), including properly logging out of the Digital Account when finished; (ii) immediately notifying us of any loss or unauthorized use of your password(s) or Digital Account, or any other breach of security you know or suspect; and (iii) requesting, disclosing, and using your password(s) solely as required to use the Digital Services in accordance with these Terms & Conditions. You may not use anyone else's Digital Account or login information, or another person's name, photo, or other identifiers on your Digital Account. You are responsible for all activity that occurs under your Digital Account, including activity by unauthorized users, and you may not allow others to use your Digital Account.

We may terminate any Digital Account for any lawful reason, including if we determine, in our sole discretion, that you have violated these Terms & Conditions, maintained more than one Digital Account, or used your Digital Account in an unauthorized, deceptive, fraudulent, or otherwise unlawful or harmful manner. We may also suspend, cancel, or combine Digital Accounts that appear duplicative, and may "unregister" a Digital Account that has not been used for 365 or more consecutive days.

User Submitted Content

"User Content" means text, graphics, images, video, and other materials that are posted, generated, provided, or otherwise made available through the Digital Services by users, including you (for example, reviews or photos you may choose to share with us).

Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated it. You represent that all User Content you submit is accurate and complies with these Terms & Conditions and applicable law, and that you own or otherwise have all rights necessary to grant us the license below. You grant us a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable, royalty-free license to use, copy, transmit, distribute, publicly display, edit, and create derivative works from your User Content for any purpose, without compensation to you, and you waive any moral rights in your User Content to the extent permitted by law. If you provide us with suggestions, feedback, or testimonials, we may use them for any purpose, including marketing, without notice, compensation, or other obligation to you.

You may remove your User Content by deleting it, though some copies may persist in backups or in content already shared by others. We are not responsible for the removal, deletion, or continued availability of any User Content.

You agree not to submit any User Content that: (i) violates any law, is threatening, abusive, harassing, obscene, defamatory, hateful, or otherwise objectionable; (ii) infringes any intellectual property or other right of any party; (iii) discloses private information about an identifiable person without permission; (iv) is false or misleading; (v) you do not have the right to share; (vi) disguises its origin; (vii) is unsolicited advertising; (viii) contains malicious code; or (ix) links to content violating any of the foregoing.

Your Representations

As a condition of your right to use the Digital Services or visit the Facility, you represent that you are of legal age to enter into a binding contract, or that you are the parent or legal guardian of any minor on whose behalf you are booking, registering, or signing a waiver, and that you are not a person barred from accessing the Digital Services under the laws of the United States or any other country. You represent that any information you provide to us, including on any Booking, waiver, or enrollment form, is truthful, accurate, and offered in good faith.

Modifications and Interruptions to Digital Services

We reserve the right to modify or discontinue all or any portion of the Digital Services, or the attractions available at the Facility, with or without notice to you, and we will not be liable if we choose to exercise this right. We do not guarantee continuous, uninterrupted, or secure access to the Digital Services, or that they will operate error-free.

Termination of Access

We may terminate your access to and use of the Digital Services, and may refuse admission to or remove you from the Facility, immediately if we believe your conduct fails to conform with these Terms & Conditions, our posted facility rules, or for any other reasonable reason, in our sole discretion. We also reserve the right to investigate suspected violations of these Terms & Conditions.

Intellectual Property Rights

Unless otherwise specified, all materials included in or otherwise part of the Digital Services are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by us or by third parties who have licensed their materials to us, and are protected by U.S. and international intellectual property laws. No material from the Digital Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use of any tool, program, or algorithm to automatically download or "spider" the Digital Services is prohibited.

You will not adopt or use any name, slogan, trademark, service mark, e-mail address, URL, or the like that is the same as or confusingly similar to "Playtime Deland" or any of our other trade names, logos, or marks (collectively, the "Marks"). You acquire no ownership or license rights in the Marks or our copyrighted material by using the Digital Services. All rights not expressly granted under these Terms & Conditions are reserved to us.

Solely Intended for United States Users

Unless otherwise specified, the information on the Digital Services is intended solely for use by persons residing in the United States. We operate the Digital Services from offices in the United States and make no representation that they are appropriate for use in other locations. Anyone accessing the Digital Services from other locations does so on their own initiative and is responsible for compliance with applicable local laws.

Changes to Terms & Conditions

We reserve the right to change, modify, amend, or update these Terms & Conditions at any time, with or without prior notice. Your continued use of the Digital Services or the Facility following any such change constitutes your agreement to be bound by the Terms & Conditions as updated. You are responsible for reviewing these Terms & Conditions each time you use or access the Digital Services or visit the Facility.

Accessibility

Our goal is to make the Digital Services and our Facility accessible to guests with special needs, including those with visual, hearing, or mobility impairments. All technology systems have some limitations, and some third-party files, documents, or images made available through the Digital Services may not fully follow our accessibility measures.

If you have difficulty accessing content, notice an accessibility problem, or need an accommodation to visit the Facility, please contact us and describe the issue and any assistive technology you use:

E-mail: support@playtimedeland.com

Address: 1697 N Woodland Blvd, Suite 109, Deland, FL 32720

If you wish to cancel a membership, please contact us directly using the details above.

Disclaimer

THE DIGITAL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DIGITAL SERVICES OR THE INFORMATION INCLUDED ON THEM. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE DIGITAL SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THEY ARE FREE FROM HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE DIGITAL SERVICES, AND YOUR VISIT TO OUR FACILITY, IS AT YOUR OWN RISK, SUBJECT TO THE ASSUMPTION OF RISK SECTION ABOVE AND ANY LIABILITY WAIVER YOU SIGN.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES AND AGENTS HARMLESS FROM ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THE DIGITAL SERVICES OR THE FACILITY, OR (II) YOUR BREACH OF ANY PROVISION OF THESE TERMS & CONDITIONS.

Email and Other Communications

In connection with your use of the Digital Services, you consent to us recording communications between you and us and retaining information you submit while using the Digital Services. Only general information or inquiries should be submitted to us via email; other submissions should follow the specific instructions provided on the Digital Services. Please do not send time-sensitive communications via email, as we cannot guarantee a timely response.

Investigations

If we believe, in our sole discretion, that a violation of these Terms & Conditions or our posted facility rules has occurred, we may edit or remove content, warn or suspend users, terminate accounts, deny or revoke Facility admission, or take other corrective action we deem appropriate. We will cooperate with law enforcement authorities or court orders requesting disclosure of information related to a suspected violation. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION WE TAKE DURING OR AS A RESULT OF SUCH AN INVESTIGATION.

Notification of Claimed Copyright Infringement

If you believe content on the Digital Services infringes your copyright or that of a third party, please contact us immediately at support@playtimedeland.com. In accordance with the Digital Millennium Copyright Act ("DMCA"), it is our policy to terminate use of the Digital Services by repeat infringers.

Mobile Devices

If you access the Digital Services on a mobile device, or request text messages from us, your mobile carrier's standard charges will apply. You will only receive text alerts if you request them or otherwise expressly agree to receive them. We are not responsible for any messaging charges you or others incur as a result of text messages sent based on requests from your device or account.

Terms for App Users

If you download any App, you acknowledge and accept that: these Terms & Conditions govern your relationship with us, not the app store provider (e.g., Apple, Google) (the "App Store Provider"); the license for the App is non-transferable and may only be used pursuant to the App Store Provider's terms; the App Store Provider is not responsible for any claims relating to the App, including product liability claims, regulatory non-conformance, or consumer protection claims; and the App Store Provider is not responsible for investigating, defending, or resolving any third-party intellectual property claim relating to the App.

Restricted Parties

You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. as "terrorist supporting," and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Resolving Disputes

If you have any issue with the Digital Services or the Facility, we encourage you to reach out to us first (see "Contacting Us" below). If the issue is not resolved, we want you to understand your options and obligations, described below.

Arbitration

You agree that all controversies, disputes, or claims between you and us, our affiliates, owners, managers, officers, directors, agents, or licensees (collectively, "Playtime Parties") arising out of or related to: (1) these Terms & Conditions or our Privacy Policy, including their scope and validity; (2) the Digital Services or the Facility; or (3) any other matter involving your dealings with any Playtime Parties, must be submitted for binding arbitration to the American Arbitration Association ("AAA"). Arbitration will be conducted by one arbitrator according to the AAA's then-current Commercial Arbitration Rules, at a location chosen by the arbitrator within 50 miles of our headquarters (currently, Deland, Florida). All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). The arbitrator's award will be final and binding, and judgment may be entered in any court of competent jurisdiction. The arbitrator may award any relief deemed proper, including money damages, interest, costs, attorneys' fees, specific performance, and injunctive relief, provided that the arbitrator may not declare our trademarks generic or invalid, or award punitive or exemplary damages (which you hereby waive to the fullest extent permitted by law).

Class Action Waiver

ALL PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS, AND ANY PROCEEDING BETWEEN THE PLAYTIME PARTIES AND YOU MAY NOT BE (I) CONDUCTED ON A CLASS-WIDE BASIS, (II) COMBINED OR CONSOLIDATED WITH ANY OTHER ARBITRATION PROCEEDING, (III) JOINED WITH ANY CLAIM OF AN UNAFFILIATED THIRD PARTY, OR (IV) BROUGHT ON YOUR BEHALF BY ANY ASSOCIATION OR AGENT. If a court or arbitrator determines this section is unenforceable as to a particular dispute, then this arbitration clause will not apply to that dispute, and it will instead be resolved in a judicial proceeding.

Limitation on Liability

UNDER NO CIRCUMSTANCES, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, WILL WE OR OUR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE DIGITAL SERVICES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE AND OUR AFFILIATES COLLECTIVELY BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS & CONDITIONS. THIS LIMITATION APPLIES TO CLAIMS RELATED TO THE DIGITAL SERVICES AND DOES NOT LIMIT OR REPLACE THE SEPARATE TERMS OF ANY LIABILITY WAIVER YOU SIGN IN CONNECTION WITH YOUR VISIT TO THE FACILITY. ANY CLAIM YOU MAY HAVE WITH RESPECT TO THE DIGITAL SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM ARISES, OR IT WILL BE PERMANENTLY BARRED.

Jury Waiver

YOU IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING COVERED BY THIS ARBITRATION AGREEMENT TO THE EXTENT PERMITTED BY LAW.

Governing Law

ALL MATTERS RELATING TO ARBITRATION ARE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. §§ 1 ET SEQ.). EXCEPT TO THE EXTENT GOVERNED BY FEDERAL LAW, THESE TERMS & CONDITIONS AND ALL CLAIMS ARISING FROM THE DIGITAL SERVICES WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES.

Injunctive Relief

Nothing in these Terms & Conditions, including your agreement to arbitrate, bars our right to obtain specific performance and injunctive relief against any threatened or actual conduct that will cause us loss or damage, under customary equity rules. You agree that we will not be required to post a bond to obtain injunctive relief, and that your only remedy if an injunction is entered against you will be its dissolution, if warranted, upon due hearing.

Miscellaneous

Our failure to act on a breach of these Terms & Conditions does not waive our right to act on that breach or any later breach. We may assign our rights under these Terms & Conditions at any time without notice to you; you may not assign your rights without our prior written consent. If any provision is found unlawful or unenforceable, that provision will be severed and the remaining provisions will remain in full force. These Terms & Conditions, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Digital Services and supersede all prior understandings, written or oral.

Contacting Us

If you have questions or concerns regarding these Terms & Conditions, please email us at support@playtimedeland.com, or contact us at:

Playtime Deland

1697 N Woodland Blvd, Suite 109

Deland, FL 32720

United States

Memberships

If you would like to cancel or change your membership, please contact us directly using the details above.