Last updated: Dec 2, 2023

Playground NY, Inc. (“Playground NY”) provides a website portal and a mobile application (either a “Site,” the mobile application the “App”) for social, cultural, entertainment and other events while connecting Creators and Consumers, as well as others in the community that are attending the same or similar events.

Any time we say “Us,” “We”, “Playground NY,” or the “Company,” we are referring to Playground NY, Inc. The term “Creator” means event creators using our Services to create events for consumers using the Services (“Consumers”) to consume information or attend events, or for any other reason. Creators, Consumers and third parties using the Services are referred to in this policy collectively as “Users,” “you” or “your.” The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by Playground NY in connection with the Services is the “Site Content” (or “Content”). Any material (including the foregoing categories) that you contribute, provide, post or make available using the Services is “Your Content.”

All products and services described in this Section, as well as any other products and services offered by Playground NY at any time shall be defined herein as “Service” or “Services.” In order to use the Service, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service (the “Agreement”). This Agreement may be modified by Playground NY from time to time at our sole discretion, and you may be notified as set forth below. We strongly recommend that, as you read this Agreement, you also access and read the linked information. By accepting this Agreement, you also agree that your use of some Playground NY-branded websites or other websites that we operate may be governed by separate terms and conditions, agreements and privacy policies. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT AND PLAYGROUND NY’S PRIVACY POLICY JUST AS IF YOU HAD SIGNED SUCH AGREEMENTS. In addition, for Creators, you understand and agree to be bound by the terms and conditions of the Merchant Agreement, appended to the Agreement and incorporated herein by reference.

1. PLAYGROUND NY SERVICE

The Playground NY Services allow (a) Consumers to discover social, cultural, entertainment or other events in your community and physically near them, and (b) Creators to subscribe to the platform in order to post and share such events (“Subscription”). The Services also allow Users to connect and interact with other Users who are attending the same or similar events. The Services also permit Consumers to make a reservation, book attendance, purchase a ticket or let Creators know that you are interested or will be attending.

We may sometimes provide you with services that are not described in these Terms of Service, or customized services. Unless we have entered into a separate, signed agreement that expressly supersedes these Terms of Service, these Terms of Service will apply to those services as well. Notwithstanding the foregoing, Playground NY and Creators will enter into partnership agreements that set forth the monthly fee to be paid by Creators for Subscriptions, and by making such payment, a Creator expressly accepts and agrees to the terms in such partnership agreements and set forth herein.

Playground NY is not the creator, organizer or owner of the events listed on the Services. Rather, we provide the Services, which allow Creators to manage ticketing and registration and promote their events. The Creator is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. Consumers must use whatever payment processing method is selected for that particular event, which could either be through a third party payment processor engaged by Playground NY or a method the Creator selects on the Creator’s website. Neither Playground NY nor the Creator processes the transaction but we transmit the Consumer's payment details to the designated third party payment provider. If payments are through a third party payment processor engaged by Playground NY, Playground NY also acts as the Creator's limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Creator.

2. REGISTRATION AND ACCOUNT

Account Creation. In order to use certain features of the Services as a Consumer or a Creator, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. Playground NY may suspend or terminate your Account in accordance with the Term and Termination Section.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify Playground NY of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  Playground NY cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.