Koolkarz Playground, Inc. (“Koolkarz Playground” or “we”) owns and operates this Website. Your use of this Website (including any purchase you make on this Website) is governed by and subject to the following terms, conditions and notices (collectively, these "Terms of Service"). Please read these Terms of Service carefully. BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. Koolkarz Playground may make changes and updates to these Terms of Service from time to time, and please check back often for changes and updates.

 

IMPORTANT NOTICE: These Terms of Service contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see the “Disclaimer of Warranties”, “Limitation of Liability” and “Arbitration Agreement” sections below for more information.

Children and Minors

This Website is not intended for or directed to anyone under the age of 13. By using this Website, you warrant that you are at least 18 years of age or, if you are between the age of 13 and 17, you access this Website with parental supervision and consent. You must be at least 18 years of age to create an account, to make a purchase, or to submit User Content (as defined below) on this Website.

 

Electronic Communications

When you use this Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, by posting notices on this Website, or through your account on this Website. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Privacy Policy

By using this Website, you also accept and agree to be bound by our Privacy Policy which describes our data collection, use, sharing, and security practices associated with this Website.

 

Terms of Sale

By placing an order on this Website, you are making an offer to purchase a product from Koolkarz Playground on and subject to the following terms and conditions:

 

(i)

 

All orders are subject to acceptance in Koolkarz Playground’s sole discretion. Koolkarz Playground reserves the right to refuse or cancel any order for any reason.

 

(ii)

 

All orders are subject to product availability. We do not guarantee the availability of any product displayed on this Website. We reserve the right, without notice or liability to you, to change, discontinue or stop the offering of any product.

 

(iii)

 

All prices advertised are subject to change. While we strive to display product information and prices on this Website as accurately as possible, errors may occur. If we discover an error in the price of any product you have ordered, we will inform you of this as soon as possible and will give you the option of reconfirming your order at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is canceled and you have already paid for the product, you will receive a full refund.

 

(iv)

 

In order to make a purchase on this Website, you must be at least 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be charged upon authorization being received from your card’s issuing bank. The monies received upon charging of your card will be treated as a deposit against the total cost of your purchase (including the purchase price, shipping and handling costs, and applicable taxes). The charge to your card will be finalized upon dispatch of the product to you, and the final charge will be listed in the dispatch confirmation email we send to you.

 

(v)

 

When you place an order on this Website, you will receive an acknowledgement email confirming receipt of your order. This email is only an acknowledgement of receipt and does not constitute acceptance of your order. A binding contract is not formed unless and until we send you a confirmation email that the product you ordered is dispatched to you. Only the product specifically identified in such confirmation email sent at the time of dispatch will be covered by the contract formed.

 

(vi)

 

By placing an order you represent and warrant that all information and details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the purchase (including the purchase price, shipping and handling costs, and applicable taxes).

 

(vii)

 

view our Return Policy

 

(viii)

 

To view our Warranty Policy

(ix)

 

To view our shipping information，

Delivery times may vary according to availability and may be subject to delays due to causes beyond our control (such as bad weather, delays by carriers, etc.) for which we will not be responsible.

 

(x)

 

By making a purchase on this Website, you represent and warrant that you are purchasing our product for your own personal, family or household use only, and not for resale. If you breach this warranty, we may terminate your account and cancel/reject all your orders.

 

(xi)

 

We may from time to time offer discounts/promo codes to customers for use toward their purchases on this Website. Unless expressly otherwise stated by Koolkarz Playground, use of such discounts or promo codes is subject to the following terms and conditions:

 

Discounts/promo codes are valid for a limited time only. We may modify or cancel them at any time.

Discounts/promo codes apply only to qualifying items (as specified by us at the time of the applicable offer or promotion). Other restrictions may apply.

Discounts/promo codes can be used only once, unless otherwise specified.

Discounts/promo codes cannot be combined with other offers, unless otherwise specified.

Discounts/promo codes cannot be transferred or resold and are not redeemable for cash or credit.

Discounts/promo codes can only be used for purchases made on this Website, unless otherwise specified.

Discounts/promo codes cannot be applied toward previous purchases.

Discounts/promo codes do not apply to shipping or handling charges or applicable taxes.

If a discount/promo code has a minimum purchase requirement, shipping and handling charges and applicable taxes do not count toward the minimum purchase amount.

The entire value of a discount/promo code must be used in one single transaction. Refunds will not be given for any leftover value.

If you return an item purchased using a discount/promotion code, we will subtract the value of the discount/promotion code from your return credit or refund.

Accounts and Passwords

By creating an account on this Website, you represent and warrant that all registration information you submit to us is your own information and is truthful and accurate. It is your responsibility to notify us of any changes in your account information, including your contact information. As an account holder, you are responsible for safeguarding your account access information and are responsible for all use of your username and/or password and must keep these details secure. If you allow others to use your account, you are responsible for all their activities on your account.

 

Reservation of Rights

We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate this Website or any portion thereof; (ii) restrict, limit, suspend or terminate any user’s access to this Website or any portion thereof; (iii) monitor any user’s activities on this Website to verify and ensure that user’s compliance with these Terms of Service and any applicable law; and (iv) investigate any suspected or alleged violation of these Terms of Service or any applicable law and cooperate with authorities in such investigation.

 

Prohibitions

We do not permit or tolerate any illegal, abusive, harmful or improper use of this Website. Without limiting the generality of the foregoing, you shall not:

use this Website other than for your own personal/household, lawful and non-commercial use only;

copy, reproduce, publish, distribute (by sale, rental or otherwise), license, sublicense, publicly perform or display, alter, modify, or create derivative works from, any portion of this Website or anyKoolkarz Playground Content (as defined below), unless expressly otherwise authorized in writing by Koolkarz Playground;

decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of, this Website or any software program or application associated with this Website;

submit, upload, post or transmit any User Content that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;

submit, upload, post or transmit any photo or video identifying another individual without proper consent;

commit or encourage a criminal offense;

impersonate another, or falsify account information, or make unauthorized use of another’s information;

interfere in any way with the operation of this Website or any server, network or system associated with this Website, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the performance or vulnerability of this Website or any server, network or system associated with this Website; breaching or circumventing firewall, encryption, security or authentication routines; accessing, using or retrieving data not intended for you, or accessing another user’s account without permission; or corrupting or attempting to corrupt data stored on this Website or any server, network or system associated with this Website;

use, transmit or distribute viruses, bots, worms, or any other harmful computer code, files or programs to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to gain unauthorized use of or access to a computer or a computer network;

use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Website or any server, network or system associated with this Website, or to extract, collect, harvest or gather content or information from this Website;

frame or otherwise create a browser or border environment around any portion of this Website or any Koolkarz Playground Content, or deep-link to any internal page of this Website or any Koolkarz Playground Content;

use the Koolkarz Playground mark or logo or any other mark, logo or source identifier of Koolkarz Playground (whether registered or unregistered) in any unauthorized manner, including as meta tags or ad keywords;

harass or cause annoyance to other users;

infringe upon any intellectual property or other proprietary right of any person or entity;

send or cause others to send (directly or indirectly) “spam” or other unsolicited messages or communications of any kind;

engage in “trolling,” such as posting material, information, message or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges.

Violating any of these prohibitions may subject the violator to civil as well as criminal liabilities, and we reserve the right to report any such violation and disclose the violator’s identity to the appropriate law enforcement authorities.

 

Koolkarz Playground Content

As used herein, “Koolkarz Playground Content” means any and all contents and materials provided by Koolkarz Playground and/or its licensors, including, without limitation, text, editorials, blogs, artwork, graphics, images, photos, videos, audios, music, advertisements, product descriptions and images, marks, logos, slogans, links, software, downloadable apps, social media plug-ins, user interfaces, layout and look and feel designs, search engines, tools, templates, forms, indexes and directories.

 

All Koolkarz Playground Content belongs to Koolkarz Playground and/or its licensors and is protected by CANADA. and foreign copyright, trademark and other intellectual property laws. Koolkarz Playgroundhereby grants you a limited, revocable, non-sublicensable, non-transferable license to use this Website and Koolkarz Playground Content solely for your own personal/household, lawful and non-commercial use strictly in accordance with these Terms of Use and applicable laws. Any unauthorized use of Koolkarz Playground Content may result in civil and/or criminal penalties. We reserve all other rights not expressly granted herein.

 

 

 

User Content

As used herein, “User Content” means any content or material originated by users, including, without limitation, user reviews and comments, user idea submissions, and user-submitted text, photos, images, artwork, videos, audios, etc., but specifically excluding anyKoolkarz Playground Content.

 

Unless expressly otherwise agreed between you and Koolkarz Playground, you own any User Content provided by you, and Koolkarz Playground does not claim ownership rights in your User Content. However, by submitting User Content to this Website (whether your submission is solicited or unsolicited), you acknowledge and agree to all of the following:

 

(i)

 

To submit User Content to this Website, you must be at least 18 years of age.

 

(ii)

 

By submitting User Content to this Website, you represent and warrant that: (1) your submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of payment, secrecy or confidentiality; (2) your submission does not contain any confidential information and may be seen by others; and (3) your submitted User Content contains no material that infringes upon any third-party right or violates any applicable law.

 

(iii)

 

Unless expressly otherwise agreed between you and Koolkarz Playground, by submitting User Content to this Website you grant to Koolkarz Playground and its successors and assigns a non-exclusive, irrevocable, worldwide, perpetual, fully paid up and royalty-free, freely sublicensable, freely assignable and transferable, unlimited and unrestricted license to use, copy, reproduce, store, archive, modify, excerpt, adapt, translate, create derivative works and compilations based upon, publicly perform, publicly display, exhibit, broadcast, stream, publish, distribute, and otherwise exploit your submitted User Content, including your name, voice, likeness, performance, life stories, and biographical information contained in such User Content, as well as any and all ideas, concepts, facts, information, stories, know-how, and techniques embodied in your submitted User Content, in any and all formats and media now known or hereafter devised (including, without limitation, television, radio, theatrical, Internet, mobile, digital, electronic, and print media) and for any and all commercial and non-commercial purposes of Koolkarz Playground and its successors and assigns (including, without limitation, product development, marketing, advertising, promotion, sale, distribution, social media campaigns, merchandising, publishing, education, and charity), without any compensation, attribution, notice, or other obligation to you. The aforementioned license will continue and remain in full force and effect even if you subsequently terminate or cancel your account on this Website or delete the submitted User Content from your account.

 

(iv)

 

By submitting User Content to this Website, you further acknowledge and agree that, to the extent your submission includes any idea, concept, suggestion, design, drawing, image or artwork for a prospective product name, mark, logo, slogan, tagline, domain name, or other source identifier, Koolkarz Playground and its successors and assigns will be free (with no obligation) to adopt, use, license, and register such name, mark, logo, slogan, tagline, domain name, or other source identifier (including any variation thereof) for and in connection with their businesses throughout the world in perpetuity, and will have sole ownership of all statutory and common law trademark rights and all associated goodwill resulting from such adoption, use, licensing and registration.

 

(v)

 

By submitting User Content to this Website, you waive the right to assert against Koolkarz Playground and its successors and assigns, and you release and forever discharge Koolkarz Playground and its successors and assigns from, any and all claims and damages based upon or relating to your submitted User Content, including, without limitation, claims and damages for copyright infringement, trademark infringement, invasion of privacy, violation of the right of publicity, defamation, libel, false light, unfair competition, unjust enrichment, idea theft, idea misappropriation, breach of implied contract, breach of fiduciary duty, and/or breach of confidence or trust.

 

(vi)

 

Your submission is subject to such additional rules and guidelines as may be prescribed by Koolkarz Playground and its successors and assigns.

 

 

 

Koolkarz Playground, Inc.

By Telephone: (647) 920-5555

By Email:info@koolkarzplayground.com

Notice of Claimed Copyright Infringement: If you believe that your copyright has been infringed or violated by any User Content found on this Website, please notify the Designated Agent listed above in writing and provide the following requisite information:

 

(i)

 

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

(ii)

 

identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;

 

(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 the service provider to locate the material;

 

(iv)

 

information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

 

(v)

 

a statement that the complaining party has 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 that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against User Content submitted by you on this Site, you may make a counter-notification with the Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:

 

(i)

 

your physical or electronic signature;

 

(ii)

 

identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

 

(iii)

 

a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

 

(iv)

 

your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in theCANADA, if you reside outside of the CANANDA), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

 

Sweepstakes, Contests, etc.

Koolkarz Playground may from time to time conduct sweepstakes, contests, games and other prize promotions on this Website. Participation in such sweepstakes, contests, games and other prize promotions will be subject to Koolkarz Playground’s published official rules.

 

Links to Third-Party Websites

This Website may contain links to other websites (the "Linked Sites"), which are not owned or operated by Koolkarz Playground. Koolkarz Playground has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions and privacy policies of those sites.

 

Linking to This Website

You may link to this Website, but subject to the following conditions:

 

Your link must be a text-only link;

You do not frame or otherwise create a browser or border environment around any page of this Website or any Koolkarz Playground Content;

You do not deep-link to any Koolkarz Playground Content or any internal page of this Website;

You do not link to any live stream or live streaming event on this Website (except with our express prior written consent);

You do not use any Koolkarz Playground logo or design mark in or as your link;

You do not link to this Website from any pornographic or sexually oriented website;

You do not misrepresent or falsely suggest that your website, content, product or service is sponsored, endorsed or approved by, or is affiliated or associated with, Koolkarz Playground;

You do not publish false, misleading or inaccurate information about, or otherwise disparage, Koolkarz Playground or any Koolkarz PlaygroundContent;

Koolkarz Playground is under no obligation to support your link.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY KOOLKARZ PLAYGROUND AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:

 

(i)

 

KOOLKARZ PLAYGROUND MAKES NO WARRANTY OR REPRESENTATION REGARDING THIS SITE OR ANY IDEAL CONTENT.

 

(ii)

 

THIS WEBSITE AND ALL KOOLKARZ PLAYGROUND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

 

(iii)

 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KOOLKARZ PLAYGROUND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE AND ALL KOOLKARZ PLAYGROUND CONTENT.

 

(iv)

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KOOLKARZ PLAYGROUNDDOES NOT WARRANT THAT THIS WEBSITE AND ALL KOOLKARZ PLAYGROUND CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THIS WEBSITE AND ALL KOOLKARZ PLAYGROUND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THIS WEBSITE AND ALL KOOLKARZ PLAYGROUND CONTENT ENTIRELY AT YOUR OWN RISK.

 

SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.

 

Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL KOOLKARZ PLAYGROUND AND ITS SUCCESSORS AND ASSIGNS BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATING TO THIS WEBSITE OR ANY KOOLKARZ PLAYGROUND CONTENT OR ANY USER CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

 

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

User Indemnity

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS KOOLKARZ PLAYGROUND AND ITS SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FOR AND FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO: (I) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, THIS WEBSITE OR ANY KOOLKARZ PLAYGROUND CONTENT OR ANY USER CONTENT; (II) ANY USER CONTENT SUBMITTED BY YOU; (III) YOUR VIOLATION OF ANY OF THESE TERMS OF SERVICE OR ANY APPLICABLE LAW; AND/OR (IV) ANY INTERACTION, DEALING OR DISPUTE BETWEEN YOU AND ANY THIRD PARTY.

 

KOOLKARZ PLAYGROUND AND ITS SUCCESSORS AND ASSIGNS RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH KOOLKARZ PLAYGROUND AND ITS SUCCESSORS AND ASSIGNS IN ASSERTING ANY AVAILABLE DEFENSES.

 

International Use

Koolkarz Playground operates and provides this Website in and from theCANADA. Koolkarz Playground does not represent or warrant that this Website or any Koolkarz Playground Content is appropriate or available for use in locations outside the CANADA. If you access this Website from a jurisdiction outside the CANADA, you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws applicable to your use of this Website.

 

Severability

If any provision contained in these Terms of Service is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms of Service shall not be affected and shall remain in full force and effect.

 

No Waiver

A failure by Koolkarz Playground to exercise or enforce any right or provision under these Terms of Service will not constitute a waiver of the right or provision. Any waiver of any provision under these Terms of Service will only be effective if it is in writing and signed byKoolkarz Playground.