Terms of Use

Welcome to playfromscratch.com!

Please read our Terms of Service (the “Terms”) for our web site www.playfromscratch.com (the “Site”). By using the Site, you agree to the Terms. If you do not agree to the Terms, do not use the Site. We reserve the right to update the Terms at any time without prior notification in our sole and absolute discretion.

RESTRICTIONS
This Site contains intellectual property owned by Play from Scratch LLC (“PFS”). All content appearing on the Site is subject to copyright protection or other intellectual property rights or licenses held by PFS. PFS grants you a limited license to access and make personal use of the content on this Site. All content of the Site is intended solely for personal, noncommercial use by the users or members of the Site. The entire content of the Site is copyrighted as a collective work under U.S. copyright laws.

CONTACT NOTICE
PFS may contact you with site, service-related or promotional notices by means of electronic mail or messages, general site notifications using the contact information you have provided to us. Email unsubscribe for promotional notices is available within the message or by contacting customerservice@playfromscratch.com

USER SUBMISSIONS AND INTERACTIVE PARTICIPATION
General
Your “submissions” include any ratings, reviews, comments, blog participation, question/poll responses, form submissions, social media activity or email responses and all other content (images, video, audio) provided by a user of the Site.

You are not permitted to access or use the Site for any illegal or unauthorized purpose. Information gathering or harassment in any manner or form of the Site, including blog comments, e-mail, or other interactive formats, is strictly forbidden. You further agree that no comments or content submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material.

It is a violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his or her prior explicit consent. Infringing on another user’s enjoyment or use of the site may result in comment/content removal, participation bans, or other action including up to legal action.

You grant PFS the right to use your submissions, and PFS may post, share, distribute, or promote your submissions. Conversely, your submissions may be removed or not posted or shared at PFS’s discretion, for any reason.

You Grant Us Rights
User comments, feedback, suggestions, ideas, ratings, product reviews and other submissions offered to PFS on the Site shall be and remain PFS property. PFS is under no obligation to pay users any compensation for any comments, feedback, suggestions, ideas or other submissions of any type. Submissions will be attributed to the user unless user expressly requests identification privacy.

Be Yourself
You are and shall remain solely responsible for any comments or content you make. You may not misrepresent yourself in age or identity by using a false e-mail address or falsified user information in social media sites. In blog comments, online surveys and polls, or any other content contributions you must submit under your own username, and are responsible for all your content. By submitting content or comments to the Site, you represent to PFS that your submissions do not violate any rights of any third party including but not limited to copyright, trademark, privacy or other personal rights.

Modification/Termination of Website Access
In the event that PFS terminates your access to the Site, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. PFS will not be liable to you or any third-party for any termination of your access.

PROMOTIONS, CONTESTS, GIVEAWAYS
Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

CORRECTION OF SITE ERRORS
Information on our website whether by us or by user submission may contain typographical errors or other inaccuracies. We reserve the right to update or correct any information we see fit at any time without prior notice.

Please note that such errors may relate to product information, pricing and availability. In these instances, we retain the right to terminate any orders involving pricing errors or inaccuracies. For more information see our FAQ.

TRANSACTIONS
If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction 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 YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to PFS the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. PFS reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

DISCLAIMERS
PFS cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY PFS ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. PFS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM PLAY FROM SCRATCH ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. PFS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, PFS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

INDEMNITY
By use of this Site, you agree to indemnify and hold PFS (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct).

DISPUTES AND RESOLUTION
By using the Site, you agree that all matters relating to your access to or use of the Site and all matters arising out of or related to these terms & conditions, including all disputes, will be governed by the laws of the State of Minnesota, United States of America without regard to Minnesota’s choice of law principles. You furthermore agree that the exclusive forum and venue for any legal action arising out of or related to these terms & conditions shall be the United States District Court for the District of Minnesota, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Minnesota, then the exclusive forum and venue for any such action shall be the courts of the state of Minnesota located in Ramsey County, and you submit to the personal jurisdiction of that court.

The making of claims or resolution of disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree that to the extent permitted by applicable law: (1) any and all disputes, claims, and causes of action arising out of or connected with the site and/or these Terms will be resolved individually in the forum designated in this section, without resort to any form of class action; and (2) any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.

THIRD PARTY LINKS
To improve our Site, PFS may use and promote services provided by outside third parties. However, even if the third party is affiliated with PFS, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.

DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT ANY GUARANTEES OR WARRANTY. IN CONNECTION WITH ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, PFS MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. USE OF THE PRODUCT BY A USER IS AT THE USER’S RISK.

LIMITATION OF LIABILITY
PFS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS AND SERVICES ON THIS SITE OR THE PERFORMANCE OF ANY ITS PRODUCTS (EVEN IF PFSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).