Terms & Conditions - Places For Kids

Trip Into Fun Terms of Use

Last Updated: May 4, 2015

IMPORTANT:  This Trip Into Fun Terms of Use Agreement (the "Agreement") Into Fun"), states the terms and conditions governing Your use of the Trip Into Fun Website between you ("You" or "User") and Trip Into Fun, LLC, a California limited liability company ("Trip (the "Website"), all services available on or through the Trip Into Fun Website (the "Services"), and all information and content provided through any of the Services or otherwise provided on or through the Trip Into Fun Website (collectively, the "Content").  By accessing or using any part of the Website, You agree to be bound by the terms and conditions of this Agreement.  If You do not accept these terms and conditions, You may not access or use the Website or any of the Services or Content.  If you are accepting or agreeing to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms and conditions of this Agreement.  Trip Into Fun may, in its sole discretion, change these terms and conditions at any time, as described below.  By using any part of the Website or the Services or Content after any change is made to this Agreement, you agree to be bound by all the changes as well.  You should consult this page each time you access the Trip Into Fun Website or any of the Services or Content.  YOU SHOULD ALSO PRINT OUT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

1. Limited Rights
During the term of this Agreement, You are granted a limited, non-exclusive license, without the right to sublicense, to access and use the Website and the Services and to access, view, download and print any Content solely for Your personal, non-commercial use.  You agree to use the Services and Content only in accordance with this Agreement as it may be amended by Trip Into Fun from time to time.  For purposes of this Agreement, the term "Trip Into Fun Website"  means the Internet website owned and operated by Trip Into Fun known as placesforkids.com, and any other website on or through which Trip Into Fun's Services and Content may be provided, in each case as the same may be modified from time to time during the term of this Agreement.  The Trip Into Fun Website may also be referred to herein as the "Website".

2. Registration and Minimum Age Requirements
The Website and the Services are intended solely for persons who are at least 18 years old.  Any access to or use of the Website or Services by anyone under 18 is expressly prohibited.  By accessing or using the Website or Services You represent and warrant that you are 18 or older.  In order to access certain features of the Website and the Services, You must register to create an account ("Account") and become a member ("Member").  To become a Member You must be at least 18 years old.  Any registration by anyone under 18 is void.  By completing the registration process to create an Account, You represent and warrant that you are 18 or older and are of legal age to form a binding contract.  During the registration process You will be required to provide certain information and You will choose a username and a password.  You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.  Trip Into Fun reserves the right to suspend or terminate Your Account if any information provided during the registration process is or thereafter becomes inaccurate, not current or incomplete.  Without limiting the foregoing, You may not impersonate someone else (i.e., adopt the identity of another person), create or use an account for anyone other than Yourself, provide an email address other than Your own, or create multiple accounts.  You are responsible for the security of Your password and agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under Your Account, whether or not You have authorized such activities or actions.  You agree to immediately notify Trip Into Fun of any unauthorized use of Your Account.

3. Trip Into Fun's Privacy Policy
Trip Into Fun cares about the privacy of its users.  If You provide any personally-identifiable information ("Personal Data") in the course of Your use of the Website or any of the Services, You agree that all such Personal Data will be subject to Trip Into Fun's Privacy Policy, which is expressly made a part of this Agreement.  Your Personal Data may be stored and processed in the United States or in any other country where Trip Into Fun has facilities and, by using this Website or any of the Services, You consent to the transfer of Your Personal Data outside of Your country.  If you have not already read Trip Into Fun's Privacy Policy, You should do so now.

4. Disclaimer of Warranties
All Content provided through the Services, or otherwise made available on or through the Trip Into Fun Website, is gathered from sources that Trip Into Fun believes are reliable; however, Trip Into Fun does not warrant the accuracy, completeness, or timeliness of the Content.  There may be delays, omissions or inaccuracies in the Content.  You agree that Trip Into Fun shall have no liability, contingent or otherwise, for the accuracy, completeness, or timeliness of the Content, or for any decision made or action taken by You in reliance upon the Content.  Access to certain Content may be provided on the Trip Into Fun Website through an independent third party whose content is copyrighted.  Trip Into Fun and its vendors make no guarantees as to the availability, timeliness or accuracy of such Content, and Your use of such Content is subject to these warranty disclaimers and the limitation of liability set forth below.
THE WEBSITE AND THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND TRIP INTO FUN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF TRIP INTO FUN HAS BEEN INFORMED OF SUCH PURPOSE, ANY IMPLIED WARRANTIES ARISING THROUGH A COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.  TRIP INTO FUN FURTHER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE OR ANY OF THE SERVICES OR CONTENT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND TRIP INTO FUN EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO.  BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG THEY LAST, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THEY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

5. Exclusion of Consequential Damages; Limitation of Liability
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE WEBSITE AND THE SERVICES AND CONTENT IS AT YOUR SOLE RISK, THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.  IN NO EVENT SHALLTRIP INTO FUN, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, AND OTHER COMMERCIAL DAMAGES) THAT RESULT FROM THE USE OF THE WEBSITE OR ANY OF THE SERVICES OR CONTENT OR FROM ANY INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE WEBSITE OR ANY OF THE SERVICES OR CONTENT, EVEN IF TRIP INTO FUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF TRIP INTO FUN, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS AND SUPPLIERS, FOR ANY REASON, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO TRIP INTO FUN FOR USE OF THE WEBSITE, SERVICES OR CONTENT, IF YOU ARE REGISTERED FOR A PAID ACCOUNT, OR FIFTY UNITED STATES DOLLARS ($50.00) IF YOU ARE REGISTERED FOR A FREE ACCOUNTY, AS APPLICABLE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THEY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

6. Proprietary Information
The content, selection, organization, text, graphics, design, arrangement, compilation, magnetic translation, digital conversion and other matters related to the Trip Into Fun Website, the Services and the Content contained therein, are the property of Trip Into Fun, and/or its respective licensors and are protected by applicable copyright, trademark, trade dress and other laws of the United States and international treaties.  No license or other rights under any such intellectual property rights are implied or granted under this Agreement other than the licenses expressly set forth in this Agreement and all other rights are expressly reserved hereunder.  You agree not to copy, reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate, commercially exploit or create derivative works based on, the Services or Content in any manner without the express prior written consent of Trip Into Fun, which may be requested as set forth below.  You further agree not to create abstracts from, scrape or display headlines from the Services for use on another website or service, or to post any content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, without Trip Into Fun's prior written consent.  You further agree not to remove any proprietary notices, labels, trademarks or service marks on the Website or any part thereof.  You also agree not to use the Content for any unlawful purpose.  You agree to comply with reasonable written requests by Trip Into Fun to protect Trip Into Fun's rights in the Content. All contents Copyright © 2015 Trip Into Fun, LLC.  ALL RIGHTS RESERVED.  All use of the Website and its contents is governed by the Trip Into Fun Terms of Use.  The contents of the Website are protected under U.S. and foreign copyright and intellectual property laws, and no part of the Website or its contents may be photocopied, reproduced or retransmitted in any form without the written consent of Trip Into Fun, which may be requested from legal@placesforkids.com.  Trip Into Fun is a trademark of Trip Into Fun, LLC, 1032 Irving Street, #203, San Francisco, CA 94122.
 
7. Third Party Links
The Website and Services may contain references or hyperlinks to third party websites.  Such hyperlinks are provided for Your reference purposes only.  Trip Into Fun (a) does not control such other websites, and makes no guarantee as to the availability, accuracy, currency, content or quality of any such sites and information, including noninfringement of such websites or the content contained in such websites; (b) assumes no responsibility as to whether such third party websites contain unintended or objectionable content; and (c) makes no endorsement of such websites or their products, services or content.  You acknowledge sole responsibility for and  assume all risk arising from Your use of any such websites or resources.

8. User Submissions
Users are solely responsible for the contents of any comments, reviews, or other messages they post on bulletin boards, chat rooms, discussion boards or other communications devices as may be provided by the Website or the Services from time to time, as well as for the consequences of any suchpostings.  Trip Into Fun accepts no responsibility whatsoever in connection with or arising from suchpostings.  Trip Into Fun has no control over nor does it endorse suchpostings.  The postings are not reviewed by Trip Into Fun prior to posting and do not necessarily reflect the policies and opinions of Trip Into Fun.  You acknowledge that Trip Into Fun makes no warranties, express or implied, as the contents, accuracy or reliability of the messages or any other posted information.  You agree not to use the Website or the Services for chain letters, junk mail, "spamming" or commercial solicitations, and not to send any message or material that is unlawful or gives rise to civil liability.  All such communications through the Services are public and not private communications.  Trip Into Fun reserves the right to edit, restrict, and/or remove in whole or part such communications for any reason or no reason without any liability whatsoever to the User.  If You post, upload, publish, submit or transmit any text, graphics, images, music, software, audio, video, information or other materials to be made available through the Website and the Services ("User Content"), you hereby grant to Trip Into Fun a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy , adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of the Website and the Services.  You further represent and warrant that (i) you either are the sole and exclusive owner of all User Content that you make available through the Website or Services or you have all rights, licenses, consents and releases that are necessary to grant to Trip Into Fun the rights in such User Content contemplated by this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of such User Content or Trip Into Fun's use of such User Content (or any portion thereof) on, through or by means of the Website and the Services will infringe, misappropriate or violate any third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

9. Prohibited Activity
While using the Website, the Services, or any of the Content, you agree not to do any of the following:  (a) Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; (b) Use, display, mirror or frame the Website, or any individual element within the Website, Trip Into Fun's name, any Trip Into Fun trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Trip Into Fun’s express written consent; (c) Access, tamper with, or use non-public areas of the Website, Trip Into Fun’s computer systems, or the technical delivery systems of Trip Into Fun’s providers; (d) Attempt to probe, scan, or test the vulnerability of any Trip Into Fun system or network or breach any security or authentication measures; (e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Trip Into Fun or any of Trip Into Fun’s providers or any other third party (including another user) to protect the Website, Services or Content; (f) Attempt to access or search the Website, Services or Content or download Content from the Website or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Trip Into Fun or other generally available third party web browsers; (g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; (h) Use any meta tags or other hidden text or metadata utilizing a Trip Into Fun trademark, logo, URL or product name without Trip Into Fun’s express written consent; (i) Use the Website, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement; (j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website, Services or Content to send altered, deceptive or false source-identifying information; (k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website, Services or Content; (l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website; (m) Collect or store any personally identifiable information from the Website or Services from other users of the Website or Services without their express permission; (n) Impersonate or misrepresent your affiliation with any person or entity; (o) Violate any applicable law or regulation; or (p) Encourage or enable any other individual to do any of the foregoing.

10. Indemnification
You agree to defend, indemnify and hold harmless Trip Into Fun, its affiliates, and their respective employees, officers, directors, shareholders, members, agents, representatives, service providers and suppliers, from and against any and all claims, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys' fees, costs and expenses) arising from Your violation of this Agreement, state or federal laws or regulations, or any third party's rights, including without limitation infringement of any copyright, violation of any other proprietary right or invasion of any privacy rights of any third party.

11. Use of Software, Programs, Applications or Other Devices to Access Services and Content
With the exception of standard commercial Internet Browser software, You agree not to use any software, program, application or any other device to access or log on to Trip Into Fun's computer systems, the Website, or to automate the process of obtaining, downloading, transferring or transmitting any Content to or from Trip Into Fun's computer systems or the Website.

12. Term and Termination
This Agreement will remain effective until terminated by You or by Trip Into Fun.  Trip Into Fun reserves the right to change the contents of the Website or to discontinue it at any time, in addition to the right to deny access to the Website to any person who Trip Into Fun reasonably believes may be using the Website for an unlawful or unauthorized purpose or in a manner that violates the terms and conditions of this Agreement.  Trip Into Fun reserves the right to terminate this Agreement and Your access to the Website, the Services and Content, or any portion of them in its sole discretion, without notice and without limitation, for any reason whatsoever, including but not limited to breach of this Agreement, discontinuation of Trip Into Fun's access to any Content or data from any third party provider or termination of one or more agreements between Trip Into Fun and any provider of Content.  In the event of a termination by Trip Into Fun, neither the Content providers nor Trip Into Fun shall have any liability to You.

13. Survival of Terms
The provisions of Paragraphs 2 ("Registration and Minimum Age Requirements"), 3 ("Trip Into Fun's Privacy Policy"), 4 ("Disclaimer of Warranties"), 5 ("Exclusion of Consequential Damages; Limitation of Liability"), 6 ("Proprietary Information"), 7 ("Third Party Links"), 8 ("User Submissions"), 9 ("Prohibited Activity"), 10 ("Indemnification"), 11 ("Use of Software, Programs, Applications or Other Devices to Access Services and Content"), 12 ("Term and Termination"), 13 ("Survival of Terms"), 14 ("Amendments to Agreement"), 15 ("Notice and Procedure for Making Claims of Copyright Infringement"), 16 ("Governing Law and Dispute Resolution") and 16 ("General") will survive the termination of this Agreement.

14. Amendments to Agreement
Trip Into Fun reserves the right, in its sole discretion, to change, modify, add or delete portions of the terms of this Agreement at any time by notifying You of the change by posting notice of such changes on the Website. You agree that Your accessing or using the Website, or any of the Services or Content after any changes are made to this Agreement will constitute Your agreement to and acceptance of such changes.

15. Notice and Procedure for Making Claims of Copyright Infringement
Trip Into Fun's policy is to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.  If You are a copyright owner and You believe that Your work has been copied in a way that constitutes copyright infringement, please provide a notice to legal@placesforkids.com with the following information:  (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, under penalty of perjury, that the information in the notification is accurate and, that you are the copyright owner or are authorized to act on behalf of the copyright owner.  Please note that in addition to being forwarded to the person who provided the allegedly infringing content, we may send a copy of your notice to Chilling Effects (www.chillingeffects.org) for publication and/or annotation.  A link to your published notice will be displayed on the Website in place of the removed content.  If content you submitted was removed and you believe that the work is not infringing, that you are permitted to use the content pursuant to applicable law or that you have the permission of the copyright owner to exploit your submitted content, you may send your counter-notice to the same contact information above.

16. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of California, USA, without regard for its conflicts of laws rules or your actual state or country of residence.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.  Any dispute between the parties will be subject to the exclusive jurisdiction and venue of the state and federal courts located in the Northern District of California and each party waives any objection to jurisdiction and venue in such courts.  If any action or proceeding is commenced to enforce or interpret this Agreement or any right arising in connection with this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party all reasonable attorneys' fees, costs and expenses incurred by such prevailing party in connection with such action or proceeding.  You and Trip Into Fun agree that any cause of action arising out of or related to this Agreement or the Website must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

17. General
This Agreement represents the complete and exclusive statement of the agreement between You and Trip Into Fun and supersedes any prior agreements, oral or written, and any other communications between You and Trip Into Fun relating to the subject matter of this Agreement.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.  Any waiver of any provision of this Agreement by Trip Into Fun will be effective only if in writing and signed by an officer of Trip Into Fun.  You may not assign or transfer this Agreement, by operation of law or otherwise, without Trip Into Fun's prior written consent and any attempt by You to assign or transfer this Agreement without such consent shall be null and void and of no effect.  Trip Into Fun may, at its sole discretion, assign or transfer this Agreement without restriction.  Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns.  Your use of the Website constitutes Your consent to receive all commmunications from us in connection with the Website or Services (collectively, "Notices") electronically, either by posting them on the Website or by sending them to an email address that You provide to us.  The delivery of any such Notice is effective when posted or sent, regardless of whether You read the Notice.  If You want to withdraw Your consent to receive such Notices electronically, You must discontinue Your use of the Website.  The headings of the paragraphs in this Agreement are included for the purpose of convenience only and will not affect the construction or interpretation of any of its provisions.

18. Contact Us
If you have any questions about these Terms of Use, please contact us at legal@placesforkids.com.