Terms and Conditions
By using this platform or our services, you agree to comply with and be bound by the following terms and
conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and
conditions, you should not use our services or our applicable platform, website, or application (collectively, the
“Platform”).
1) Agreement. This Terms and Conditions of Use Agreement (the "Agreement" or these “Terms”) specifies the
terms and conditions for access to and use of this Platform and our services, whether operated by us or a third
party (the “Services”). This Agreement may be modified at any time by Time to Play LLC. (the “Company”)
upon publication of the modified Agreement via the Platform. Any such modifications shall be effective
immediately. You can view the most recent version of these terms at any time at
https://timetoplayscheduler.com/terms/. Each use by you shall constitute and be deemed your unconditional
acceptance of this Agreement.
2) Privacy. Your use of the Platform is also governed by our Privacy Policy. Please review our Privacy Policy at
https://timetoplayscheduler.com/privacy-policy, which is incorporated by reference into this Agreement.
3) Ownership. All content included on the Platform is and shall continue to be the property of the Company or its
content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights.
Any copying, reuse, redistribution, modification, download, repost, use or publication by you of any such
content or any part of the Platform is prohibited, except as expressly permitted in this Agreement.
Our Platform allows you to post, link, store, share and otherwise make available certain information, text,
graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through the
Platform, including its legality, reliability, and appropriateness.
By posting Content on or through our Platform, you represent and warrant that:
a) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and
license as provided in these Terms, and
b) That the posting of your Content on or through the Platform does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person or entity.
Any content contributed to the Platform by you (e.g., in connection with a contest, solicitation or social media
activity) shall belong to the Company. If such a transfer of ownership is not possible, the Company shall
automatically receive an irrevocable, perpetual, royalty-free license to use such content on the Platform and
related marketing materials. Under no circumstances will you acquire any ownership rights or other interest in
any content by or through your use of this Platform. The Company has the right but not the obligation to
monitor and edit all Content provided by users. The Company reserves the right to terminate the account of
anyone found to be infringing on the copyright or other intellectual property rights of the Company.
4) Intended Audience. This Platform is intended only for use by adults, as such age is determined by the
appropriate legal authority in the jurisdiction in which a user operates the Platform (“Adult”). By accessing or
using any part of the Platform or the Services of the Company, you warrant and represent that you are an Adult
with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and
conditions of Terms. If you are not an Adult, you are prohibited from both the access and usage of the Platform
and any and all Services offered by the Company. No individual under the applicable age of legal majority may
submit personal information of any kind of the Platform.
5) [Trademarks. Time to Play™, and any other word or design marks of the Company, are either trademarks or
registered trademarks of the Company. Other product and company names mentioned on this Platform may be
trademarks of their respective owners.]
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6) Platform Use. The Company grants you a limited, revocable, nonexclusive license to use the Platform solely
for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of
derivative works, or other use. You agree not to copy materials on the Platform, reverse engineer, or break into
the Platform, or use materials, products, or services in violation of any law. The use of the Platform is at the
discretion of the Company and the Company may terminate your use of this Platform or the Services at any
time. The Company may use third-party Service Providers to monitor and analyze the use of our Platform. For
more information on the privacy policy for the Company, please review our Privacy Policy.
7) Accounts. When you create an account with the Company, you represent and warrant that you are an Adult and
that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or
obsolete information may result in the immediate termination of your account or service. You are responsible
for maintaining the confidentiality of your account and password, including but not limited to the restriction of
access to your computer and/or account. You agree to accept responsibility for any and all activities or actions
that occur under your account and/or password, whether your password is with our Platform or a third-party
service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of
your account. You may not use as a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another person or entity other than you,
without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or
obscene. You may not impersonate or attempt to impersonate any other person. Misrepresentations of one’s
identity and/or affiliation(s) are prohibited.
8) Pricing, Fees, and Payment Terms. We charge you to access and use certain parts of the Platform or Services.
We reserve the right to modify or waive fees required to use certain parts of the Platform. You agree to pay all
fees or charges to your account in accordance with the billing terms in effect at the time a fee or charge is due
and payable. The Company reserves the right at any time to change its prices and billing methods by posting
such information on our Platform. Except as otherwise set forth herein or agreed to by the Company, all Fees
are non-refundable. Fees may be updated from time to time, including by temporary promotion, and may vary
by the merchant or vendor assessing such Fees on the Company’s behalf. The Company reserves the right to
refuse or cancel your order at any time for reasons including but not limited to: product or service availability,
errors in the description or price of the product or service, error in your order or other reasons. The Company
reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
9) Subscriptions. Some parts of the Platform are billed on a subscription basis (“Subscription(s)”). You will be
billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions
unless you cancel it, or the Company cancels it. You may cancel your Subscription renewal either through your
online account management page or by contacting the Company customer support team. A valid payment
method, including credit card, is required to process the payment for your Subscription. You shall provide the
Company with accurate and complete billing information including full name, address, state, zip code,
telephone number, and a valid payment method information. By submitting such payment information, you
automatically authorize the Company to charge all Subscription fees incurred through your account to any such
payment instruments. Should automatic billing fail to occur for any reason, the Company will issue an
electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full
payment corresponding to the billing period as indicated on the invoice. The Company, in its sole discretion
and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become
effective at the end of the then-current Billing Cycle. The Company will provide you with a reasonable prior
notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such
change becomes effective. Your continued use of Service after Subscription fee changes comes into effect
constitutes your agreement to pay the modified Subscription fee amount.
10) Free Trial. The Company may, at its sole discretion, offer a Subscription with a free trial for a limited period
of time (“Free Trial”). You may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged the by the
Company until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your
Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription
you have selected. At any time and without notice, the Company reserves the right to (i) modify Terms of
Service of Free Trial offer, or (ii) cancel such Free Trial offer.
11) Billing and Payments. If you wish to purchase any product or service made available on the Platform
(“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without
limitation, your credit card number, the expiration date of your credit card, your billing address, and your
shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or
other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true,
correct, and complete. By submitting your information, you grant us the right to provide the information to
these third parties subject to our Privacy Policy. By providing your credit or debit card information (or other
payment method accepted by the Company from time to time) when you sign up, and as updated from time to
time on your account (your “Payment Method”), you authorize the Company and/or our third-party payment
processor to charge your Payment Method for authorized charges and expenses. If your Payment Method
cannot be authorized or is otherwise in error, we may suspend or cancel your use of the Service. In the event of
such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may
contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you
when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update
or change your Payment Method and other billing and payment account information by contacting the
Company directly. We use a third-party payment service to process your Payment Method. We do not receive,
store, or process your Payment Method. By submitting your Payment Method through the App, you agree that
we may use a third party to receive, store and process your Payment Method. You further agree that we will not
be responsible for any failures of the third party to adequately protect your Payment Method and other
information in such third party’s possession. You agree that your provision of your Payment Method and other
information to such third party is subject to the conditions of the third-party payment service provider's terms of
service and by providing your Payment Method and related information you agree to such third party’s terms
and conditions of service. The Company’s current third-party payment processor is Stripe, Inc., and the
Company’s current privacy policy is available at https://stripe.com/gb/privacy. You acknowledge that we may
change the third-party payment service and move your information to other service providers that encrypt your
information using industry standard security technology.
12) Refunds. Except where required by law, paid Subscription fees are non-refundable.
13) Prohibited Uses. You may use the Platform only for lawful purposes and in accordance with this Agreement.
You agree not to use the Platform:
a) In any way that violates any applicable federal, state, local, or international law or regulation (including,
without limitation, any laws regarding the export of data or software to and from the US or other countries);
b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing
them to inappropriate content, asking for personally identifiable information, or otherwise;
c) In any manner that discriminates on the basis of race, color, ethnicity, national origin, ancestry, religion,
sex, gender, gender identity or expression, sexual orientation, age, military or veteran status, marital status,
or disability;
d) In any manner that abuses, threatens, defames, libels, incites hatred or violence toward, victimizes,
intimidates, or otherwise harasses any person or group of persons;
e) To transmit, or procure the sending of, any advertising or promotional material without our prior written
consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
f) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other
person or entity (including, without limitation, by using email addresses or unique identifier associated with
any of the foregoing); or
g) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or
which, as determined by us, may harm the Company or the users of the Platform, or expose them to
liability.
i) Additionally, you agree not to:
ii) Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or
interfere with any other party's use of the Platform, including their ability to engage in real time
activities through the Platform;
iii) Use any robot, spider, or other automatic device, process, or means to access the Platform for any
purpose, including monitoring or copying any of the material on the Platform;
iv) Use any manual process to monitor, modify, or copy any of the material on the Platform, or for any
other purpose not expressly authorized in these Terms and Conditions of Use, without our prior written
consent;
v) Use any device, software, or routine that interferes with the proper working of the Platform;
vi) Use the Platform for benchmarking, or to compile content for a competitive product or service;
vii) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
technologically harmful;
viii) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform,
the server on which the Platform is stored, or any server, computer, or database connected to the
Platform;
ix) Take any action that may damage or falsify the Company’s or the Platform’s rating in any online
marketplace;
x) Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
xi) Otherwise attempt to interfere with the proper working of the Platform.
14) Community Guidelines. When using the Platform, you agree to abide by the following best practices and rules
(the “Community Guidelines”):
a) While the Platform can, and in appropriate circumstances should, be used to make new friends and meet
families within your community, you should not use the Platform to organize in-person meetings with
people with whom you have no connection, acquaintance, or verifiable mutual affiliation. For example,
while it may make sense to meet a family you do not personally know, but whose child is in the same class
as your child, meeting a person who you do not know who does not share any community connection with
you may be unwise.
b) Whenever using the Platform to meet an unfamiliar person or family, plan to meet in a public place.
c) Never post any information to the Platform about a child who is under 18 years of age, except, in the
appropriate context, the child’s first name and last initial.
d) Never post any information to the Platform about a child for whom you are not the parent or legal guardian.
e) Never post information related to the location of planned events.
f) When interacting with other Users of the Platform, all treat others with respect, communicate politely, and
respect privacy.
g) When using the Platform, use common sense and use the Platform at your own risk.
15) Termination, Deactivation, and Suspension. The Company reserves the right to terminate or suspend
accounts, refuse service, bar access to the Platform, remove or edit content, or cancel orders in our sole
discretion, without prior notice or liability, for any reason whatsoever and without limitation, including but not
limited to a breach of Terms. The Company may deactivate your account or limit your use of the Platform upon
its determination that you breached a provision of this Agreement. The Company will provide you with written
notice of its determination as required by law, unless we have reason to believe the User’s account has been
compromised such that the notice would go to the wrong person, or notice would otherwise be
counterproductive or would create a risk to safety.
If the Company suspends or deactivates your account or limits your use of the Platform pursuant to this
Agreement, you are thereafter prohibited from registering and creating a new account under your name or
business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of
the third party. Even after your right to use the Platform is suspended, terminated, or limited, this Agreement
will remain enforceable against you. The Company reserves the right to take appropriate legal action pursuant
to this Agreement.
The Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the
Platform in its sole discretion. The Company will provide you with notice of any such modification or
discontinuation as required by law. To the extent permitted by law, the Company shall not be liable to you for
any modification or discontinuance of all or any portion of the Platform. The Company has the right to restrict
anyone from completing registration if such person or entity may threaten the safety and integrity of the
Platform, or if such restriction is necessary to address any other reasonable business concern. If you wish to
terminate an account, you may simply discontinue using the Platform.
16) Changes to Service. The Company reserves the right to withdraw or amend the Platform and any Services or
material we provide via the Platform, in our sole discretion without notice. The Company is not liable if for any
reason and or all of its Services are unavailable at any time or for any period. From time to time, the Company
may restrict access to some parts of the Platform or of its Services, including registered users.
17) Error Reporting and Feedback. You may provide us either directly at support@timetoplayscheduler.com or
via third party sites with information and feedback concerning errors, suggestions for improvements, ideas,
problems, complaints, and other matters related to our Platform (“Feedback”). You acknowledge and agree
that (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or
to the Feedback; (ii) the Company may have development ideas similar to the Feedback; (iii) the Feedback does
not contain confidential information or proprietary information from you or any third party; and (iv) the
Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of
the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its
affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to
use (including copy, modify, create derivative works, publish, distribute and commercialize) the Feedback in
any manner and for any purpose.
18) Links to Other Web Sites. Our Platform may contain links to third party websites or services that are not
owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the
content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings
of any of these entities/individuals or their websites.
19) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Platform and
Services. You further agree that information provided by you is truthful and accurate to the best of your
knowledge.
20) Indemnification. You agree to indemnify, defend, and hold the Company and our partners, employees, and
affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to
your violation of this Agreement or use of the Platform.
21) Use of Name & Likeness. By utilizing the Platform or Services, you hereby authorize the Company to use,
reuse, and to grant others the right to use and reuse, your name, photograph, likeness (including caricature),
voice, and biographical information, and any reproduction or simulation thereof, in any form of media or
technology now known or hereafter developed, both during and after my employment, for any purposes related
to the Company’s business, such as marketing, advertising, credits, and presentations.
22) Promotional Messages. By utilizing the Services and providing a valid phone number or email address in
connection with the Services, you agree to receive email and text correspondence periodically from the
Company. You can opt-out of receiving this communication at any time by clicking or replying with the
applicable unsubscribe link.
23) Disclaimer. THE INFORMATION ON THIS PLATFORM IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE
COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO
THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS
LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO
YOUR USE OF THE PLATFORM SHALL BE TO DISCONTINUE USING THE PLATFORM.
24) Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR
RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING
DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL,
EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF
OR IN ANY WAY RELATING TO THE PLATFORM, THE SERVICES, YOUR PLATFORM USE, OR
THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND/OR CONTENT IS TO CEASE ALL
OF YOUR PLATFORM USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion
of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the
exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
25) Use of Information. The Company reserves the right, and you authorize us, to use and assign all information
regarding Platform uses by you and all information provided by you in any manner consistent with our Privacy
Policy.
26) Intellectual Property. The Platform and its original content (excluding Content provided by users), features
and functionality are and will remain the exclusive property of the Company and its licensors. The Platform is
protected by copyright, trademark, and other law of the United States. Our trademarks and trade dress may not
be used in connection with any product or service without the prior consent of the Company.
27) Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have otherwise been violated, please provide a
notice containing all of the following information to our Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Platform;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Platform may be reached
by email at support@timetoplayscheduler.com.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad
faith claims on the infringement of any Content found on and/or through the Platform on your copyright.
28) Applicable Law. You agree that the laws of the state of Delaware, without regard to conflicts of laws
provisions will govern this Agreement and any dispute that may arise between you and the Company or its
affiliates. As a condition of using the Services, you agree that any and all disputes which cannot be resolved
between the parties and causes of action arising out of or connected with this Agreement, shall be resolved
individually, without resort to any form of class action, exclusively before a court located in the State of
Colorado having jurisdiction. Further, in any such dispute, under no circumstances will you be permitted to
obtain awards for, and you hereby waive all rights to claim punitive, incidental, or consequential damages,
including reasonable attorneys fees, other than your actual out-of-pocket expenses (i.e., costs associated with
signing up for the Services), and you further waive all rights to have damages multiplied or increased.
29) Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be
unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise remain in full force and effect.
30) Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in
writing and signed by an authorized representative of the Company.
31) Termination. The Company may terminate this Agreement at any time, with or without notice, for any reason.
32) Relationship of the Parties. Nothing contained in this Agreement or your use of the Platform or Services shall
be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor
shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in
writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of
or on behalf of the other party, it being intended by both parties that each shall remain independent contractors
responsible for its own actions.
33) Entire Agreement. This Agreement constitutes the entire agreement between you and the Company and
governs the terms and conditions of your use of the Platform and Services, and supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between you and the
Company with respect to this Platform. Notwithstanding the foregoing, you may also be subject to additional
terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that
may apply when you use the Platform. The Company may revise these Terms and Conditions of Use at any
time by updating this Agreement and posting it on the Platform. Accordingly, you should visit the Platform and
review the Terms and Conditions of Use periodically to determine if any changes have been made. Your
continued use of this Platform after any changes have been made to the Terms and Conditions of Use signifies
and confirms your acceptance of any such changes or amendments to the Terms and Conditions of Use.
34) Contact Information.
Time to Play LLC
support@timetoplayscheduler.com