Terms of Service

Welcome to The Outdoor Playgrounds

Welcome to The Outdoor Playgrounds, the nationwide directory of parks and playgrounds designed to help families find the perfect outdoor spaces for their children. These Terms of Service ("Terms") govern your access to and use of the The Outdoor Playgrounds website, mobile applications, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Service.

1. User Agreement Overview

1.1 Acceptance of Terms

By accessing or using The Outdoor Playgrounds, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy, which are incorporated herein by reference.

1.2 Eligibility and Age Restrictions

The Outdoor Playgrounds is intended for users who are 13 years of age or older. If you are under 13 years of age, you may only use the Service with the involvement and consent of a parent or legal guardian. By using the Service, you represent and warrant that you meet these eligibility requirements.

1.3 Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on the Service and updating the "Last Updated" date at the top of this page. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms. We encourage you to review the Terms periodically for any updates or changes.

2. User Accounts and Registration

2.1 Account Creation

While browsing park information is available without registration, certain features such as submitting reviews, saving favorites, or contributing content require you to create an account. When creating an account, you agree to provide accurate, current, and complete information.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify The Outdoor Playgrounds of any unauthorized use of your account or any other breach of security.

2.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

2.4 Premium Features

Our premium features are available for a one-time fee. All premium purchases are final and non-refundable. Once you purchase premium access, it remains active for the lifetime of your account. The premium fee grants you perpetual access to premium features as they exist at the time of purchase and any future updates we may provide at our discretion.

2.5 Data After Account Closure

After account closure, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

3. User-Generated Content

3.1 Content Ownership

By submitting content to The Outdoor Playgrounds (including but not limited to reviews, photos, comments, and park information updates), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods now known or later developed.

3.2 Content Responsibility

You are solely responsible for your User Content and the consequences of posting or publishing it. By submitting User Content, you represent and warrant that:

• You own or have the necessary rights to use and authorize us to use all intellectual property rights in and to any User Content.
• Your User Content does not violate these Terms or any applicable law.
• Your User Content is accurate and not misleading.

3.3 Prohibited Content

You agree not to post, upload, or share content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
• Contains malware, viruses, or any code designed to harm or interfere with the operation of the Service
• Impersonates any person or entity or falsely represents your affiliation with a person or entity
• Contains personal or identifying information about other individuals without their consent
• Violates any third-party rights, including intellectual property rights
• Promotes discrimination, bigotry, racism, hatred, or physical harm against any group or individual
• Contains content that could reasonably pose safety risks for children at parks
• Constitutes spam, advertising, or other forms of solicitation

3.4 Content Moderation

We reserve the right, but not the obligation, to monitor, edit, or remove any User Content at our sole discretion, including for violations of these Terms or for any other reason. We also reserve the right to remove or refuse to distribute any content on the Service, to suspend or terminate users, and to reclaim usernames without liability to you.

4. Service Usage and Limitations

4.1 Permitted Use

You may use The Outdoor Playgrounds solely for your personal, non-commercial use and in compliance with these Terms. You may not use the Service for any purpose that is unlawful or prohibited by these Terms.

4.2 Prohibited Activities

You agree not to engage in any of the following activities:

• Circumventing or attempting to circumvent any limitations or security measures of the Service
• Scraping, data-mining, or otherwise collecting information from the Service through automated means
• Interfering with or disrupting the Service or servers connected to the Service
• Introducing any malware, viruses, or harmful code to the Service
• Using the Service to send unsolicited or unauthorized advertising
• Attempting to gain unauthorized access to other users' accounts
• Creating multiple accounts to evade restrictions or limitations
• Systematic downloading or bulk extraction of park data

4.3 Anti-Scraping Provisions

The Service and its contents are protected by copyright, trademark, and other laws. Our database of park information represents a significant investment of time, effort, and resources. You are expressly prohibited from:

• Using any automated means, including scrapers, bots, or crawlers, to access or collect data from our Service
• Bypassing or attempting to bypass any measures we use to prevent or restrict access to the Service
• Extracting, downloading, or copying substantial parts of our database
• Aggregating, copying, or duplicating any substantial part of our content or data

Violation of these provisions may result in immediate termination of your access to the Service and may subject you to legal action, including claims for damages and/or injunctive relief.

4.4 API Usage and Rate Limits

If we provide API access to our Service, additional terms may apply. We reserve the right to set and enforce rate limitations on API calls and other forms of automated access to the Service.

5. Data Usage Rights

5.1 Data Collection and Processing

We collect and process data as described in our Privacy Policy. By using The Outdoor Playgrounds, you consent to such collection and processing.

5.2 Aggregated Data

We may aggregate and anonymize data about Service usage, including search patterns, popular features, and commonly visited parks. This aggregated data may be used for research, improving the Service, or shared with partners to enhance public spaces.

5.3 Park Information Licensing

The comprehensive database of park information displayed on The Outdoor Playgrounds is compiled from various publicly available sources. While basic factual information about parks is not subject to copyright protection, our organization, curation, enrichment, and presentation of this information is proprietary. Systematic extraction or replication of our database is prohibited without prior written permission.

5.4 Data Accuracy Disclaimer

All park information is provided "as is" from publicly available sources. We make no representations or warranties about the accuracy, completeness, reliability, or suitability of this information. Users are responsible for verifying any critical information before relying on it for decision-making purposes.

6. Intellectual Property Rights

6.1 The Outdoor Playgrounds Content

Unless otherwise noted, all content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are owned by The Outdoor Playgrounds or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

6.2 Trademarks

The The Outdoor Playgrounds name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Outdoor Playgrounds or its affiliates. You may not use such marks without our prior written permission.

6.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without restriction or compensation to you.

7. Disclaimers and Limitations of Liability

7.1 Service Provided "As Is"

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

7.2 Park Information Accuracy

While we strive to provide accurate park information, we cannot guarantee the completeness, reliability, or accuracy of this information. Park conditions may change, and you should verify critical information before visiting. All information is sourced from publicly available data, and we make no representations about its accuracy or completeness.

7.3 Safety Disclaimer

The Outdoor Playgrounds does not guarantee the safety of any park or playground. Users are responsible for assessing safety conditions when visiting parks and supervising children appropriately. We are not responsible for any injuries, accidents, or incidents that occur at parks featured on our Service.

7.4 User Responsibility

By using our Service and visiting parks listed on our platform, you acknowledge and agree that:

• You are solely responsible for your safety and the safety of those in your care
• You will exercise reasonable caution and judgment when visiting parks
• You will comply with all posted rules and regulations at each park
• You assume all risks associated with using playground equipment and park facilities
• You will properly supervise children in your care at all times

7.5 Limitation of Liability

To the maximum extent permitted by law, The Outdoor Playgrounds shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with the Service.

8. Dispute Resolution

8.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

8.2 Dispute Resolution Process

Any dispute arising from or relating to these Terms or the Service shall first be resolved through good-faith negotiations. If such negotiations fail, the dispute shall be resolved through arbitration in Texas, in accordance with the rules of the American Arbitration Association.

8.3 Class Action Waiver

Any proceedings to resolve disputes shall be conducted on an individual basis. Neither you nor The Outdoor Playgrounds shall join or consolidate claims, or otherwise participate in any class, consolidated, or representative proceeding.

9. General Provisions

9.1 Entire Agreement

These Terms constitute the entire agreement between you and The Outdoor Playgrounds regarding the Service and supersede all prior agreements and understandings, whether written or oral.

9.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

9.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

9.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void.

9.5 Contact Information

If you have any questions about these Terms, please contact us at info@theoutdoorplaygrounds.com.