Terms of Service

Skip to Privacy Policy PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE BROWSING OR PARTICIPATING IN ANY ONLINE FORUM AVAILABLE ON www.OurDreamPlayground.org OR REGISTERING YOUR PROJECT ON THIS SITE. BY USING, PUBLISHING AND PARTICIPATING ON www.OurDreamPlayground.org OR ANY ONLINE FORUM ON www.OurDreamPlayground.org, YOU SIGNIFY THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY AND COMPLY WITH THEM. Our Dream Playground RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME. IT IS YOUR RESPONSIBILITY TO STAY AWARE OF ANY MODIFICATIONS TO THESE TERMS OF USE. BY CONTINUING TO ACCESS THE SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THEM. YOU MUST BE 13 YEARS OF AGE. You acknowledge that by accepting these Terms of Use and completing the registration process, you are becoming a member of Our Dream Playground

Our Dream Playground Materials

All content on this Site, including art work, graphics, images, text, digitally downloadable files, trademarks, and the compilation of the foregoing (“Our Dream Playground Materials”) is the property of Our Dream Playground and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Third party content, including content you post to this site ("Posted Materials"), trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by Our Dream Playground subject to license, or subject to the fair use provisions of U.S. copyright or trademark law. Our Dream Playground assumes no responsibility regarding the accuracy of the Our Dream Playground or Posted Materials and use of such materials is at your own risk. In consideration for your agreement to the terms and conditions contained here, Our Dream Playground grants you a personal, non-exclusive, non-transferable license to access and use the site. You may download Our Dream Playground and Posted Materials from the site only for your own personal, non-commercial use in accordance with Our Dream Playground's mission and purpose. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that use of any information, software or any other content on the site is permissible rests with User. You further agree not to display or use any Our Dream Playground or Posted Materials or other third party content located on the site in any publications, for any commercial purpose, in violation of laws (including trademark, copyright, and rights of publicity and privacy laws), in a manner that misuses Our Dream Playground or Posted Materials, or in any other manner that disparages or discredits Our Dream Playground and/or its licensors, that dilutes the strength of Our Dream Playground's or its licensor's property, or that otherwise infringes Our Dream Playground's or its licensor's intellectual property rights. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please refer to the Our Dream Playground Proprietary Rights Complaint Process page.

Forum Rules of Conduct

You understand that Forums include message boards and/or other communication tools designed to enable member-to-member or member-to-site interactivity for personal, recreational and informational purposes related to the mission and purpose of Our Dream Playground. You agree to use this site, and its Forums in a manner consistent with the mission and purpose of Our Dream Playground and in accordance with all applicable laws. Your submission of Posted Content and your use of interactive features is subject to these Terms, and the following guidelines. Users found in violation of these Terms may have their access to the Site restricted by Our Dream Playground.

1. No Illegal, Infringing or Abusive Content or Conduct : You understand and acknowledge that you are responsible for your Posted Materials and any other materials or information you submit to Our Dream Playground or post on this site, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, defamatory, racist, infringing, or otherwise objectionable or inappropriate. You further agree that you will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities. You also agree not to submit false or harassing reports or complaints to Our Dream Playground about other users.
2. No Violations of Third Party Rights : You agree that you will not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Our Dream Playground, and will not access or attempt to access the account of a third party. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party. Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.
3. No Commercial or Partisan Political Use : Because Our Dream Playground is a nonprofit, tax-exempt organization, you agree that you will not use the site for organized partisan political activities. You understand that this site is not a commercial site, and agree that you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, directing readers to a location for more information about a product or service, or any other form of commercial solicitation.
4. No Confidentiality : The nature of this site is interactive and public. By submitting Posted Materials or using any interactive features of this site, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, or other materials you transmit to Our Dream Playground may be used by Our Dream Playground anywhere, anytime, and for any reason whatsoever.
5. No Viruses, Corrupting Files, or Interference : You agree that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the site, or features of the site.

Although Our Dream Playground does not routinely screen or monitor content posted by users to the site, Our Dream Playground reserves the right to remove content which violates the above rules of which it becomes aware, but is under no obligation to do so. If you have questions/concerns about content you see posted in Our Dream Playground forums, contact webmaster@www.OurDreamPlayground.org . Take care when giving out personal information, such as your full name, e-mail address, street address, phone number or Our Dream Playground account information in your profile or postings. Members should be aware that disclosure of such information raises safety concerns and may result in solicitations from third parties not authorized by Our Dream Playground or other unwanted communications. Our Dream Playground disclaims any responsibility or liability arising from your disclosure of such personal information, or any other information, in your profile or your postings.

Your Account

In order to access certain areas of this site, you may need to create a password-protected account. You are responsible for maintaining the confidentiality of your username and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account. Our Dream Playground reserves the right to refuse service, terminate accounts, or remove content in its sole discretion. As part of the registration process, you must select a user name. The information that you supply during the registration process must be accurate and complete and you agree to not (i) register under the name of another person; (ii) choose a user name that Our Dream Playground deems offensive; (iii) choose a user name for the purposes of deceiving or misleading Forums members and/or staff as to your true identity; or (iv) choose a user name that incorporates a solicitation (e.g., yoursitedotcom, yourproduct.com, yourplaceofbusiness, isellplaygrounds). You agree to not impersonate any other person, including any other Our Dream Playground Forums member, any Our Dream Playground Forums Host or any Our Dream Playground staff.

Ownership of Posted Content and License Thereto

After submitting Posted Materials, you continue to retain ownership rights in such Posted Materials, however by submitting the Posted Materials to this site, you agree to the following license terms as described below. You also agree that Our Dream Playground may delete any Posted Materials that in the sole judgment of Our Dream Playground violates these Terms, and Our Dream Playground makes no representations or warranties that your Posted Materials will be included or available on the site.

1. Scope of License : By displaying, publishing, or otherwise submitting any Posted Materials on or through the site, you hereby grant to Our Dream Playground a limited, non-exclusive, sub-licensable, worldwide, fully-paid, perpetual, irrevocable, fully assignable, royalty free license to use, modify, publicly perform, publicly display, reproduce, adapt, publish, translate, edit, reformat, create derivative works from, and distribute such Posted Materials, throughout the world for any purpose and in any media whether now or hereafter created. You are also granting to www.OurDreamPlayground.org the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your Posted Materials, as well as the right to attribute your Posted Materials to you.
2. Representations : You represent and warrant that you own the Posted Materials displayed, published or posted by you on the site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or submission of your Posted Materials does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Posted Materials displayed, published or posted by you to the site. Except for your Posted Materials, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Posted Materials appearing on this site
3. Cooperation in Event of Infringement Claim : You agree that, if a third party claims that your Posted Materials are unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although Our Dream Playground does not monitor the content of the sites, Our Dream Playground has the right to remove material from the site, block access, or take other action in its sole discretion, although Our Dream Playground is under no obligation to do so.

Representations, and Limitations of Liability

Our Dream Playground is not responsible for the information, data, text or other materials that may appear in Posted Materials. Opinions expressed in Posted Materials do not necessarily reflect the opinions of Our Dream Playground, and Our Dream Playground does not endorse and has no control over Posted Materials. Posted Materials are not necessarily reviewed by Our Dream Playground prior to posting and Our Dream Playground makes no warranties, express or implied, as to the Posted Materials or to the accuracy and reliability of the Posted Materials. Our Dream Playground makes no representations about the reliability of the features of this site, the Content, Posted Materials, the Forums, or any other site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Our Dream Playground makes no representations regarding the amount of time that any Content or Posted Materials will be preserved. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Our Dream Playground BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL Our Dream Playground BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND Our Dream Playground'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S CONTENT. In no event shall Our Dream Playground's total liability for all damages, losses, and causes of action exceed five dollars (US $5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.

Links to Other Sites.

Our Dream Playground may include hyperlinks to websites maintained or controlled by others. Our Dream Playground is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites. In addition, participants in Our Dream Playground Forums may include hyperlinks to websites maintained or controlled by others. Our Dream Playground is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any products or services that may be offered at these websites.

Indemnification.

Except with respect to governmental entities to the extent that, pursuant to applicable law, such governmental entity is prohibited from agreeing (or does not have the requisite authority to agree) to be bound by the following provision: You agree that you will be responsible for any damages resulting from any violation of these Terms. You further agree to indemnify and hold Our Dream Playground and its officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of these Terms, or any violation of any law or the rights of a third party that occurs in connection with your use of this site or the Forums.

Miscellaneous

Both you and Our Dream Playground acknowledge and agree that no partnership is formed and neither of you nor Our Dream Playground has the power or the authority to obligate or bind the other. This Agreement will be governed by and construed in accordance with the internal laws of the District of Columbia. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute a binding agreement between you and Our Dream Playground, and is accepted by you upon your use of the site. These Terms constitute the entire agreement between you and Our Dream Playground regarding the use of the site.

Privacy Policy

Respecting the wishes of our volunteers and supporters is very important to Our Dream Playground; that's why our Privacy Policy is important. We want our friends to be comfortable sharing their names and contact information with us, and to know what we do with their information when it is entrusted to us. Our Dream Playground does not sell, distribute or transfer personally identifiable information obtained through our website from you (we'll call you User) to a third-party organization; the only exception to this is when it is necessary to share certain information for processing online donations. Any information collected on the Our Dream Playground websites will be used only for the purposes stated. This privacy policy applies to the Our Dream Playground website and services offered from the Our Dream Playground website.

Registration on the site

Users have the option to register on the Our Dream Playground website. Users will be asked to provide, at a minimum, name, email address, and zip code/postal code. In return for providing this information, Users will gain access to additional resources, as well as the ability to post comments directly to the site. Users who log into the portal are not anonymous to us. The information we collect is used to:

• Improve the content of our websites for your future visits.
• Customize the content and/or layout of our pages for each individual consumer.
• Notify Users about updates to our website (if you have asked to be notified of updates or new releases).

Only Users who register, who ask for information from us or who donate to Our Dream Playground through our website will receive periodic programmatic or promotional email communications from us. Any User may request at any time that Our Dream Playground no longer send email communications to the User by emailing Our Dream Playground at webmaster@kaboom.org.

The choice to opt-out or opt-in

When a User writes Our Dream Playground from our website's Contact page, the User may request that his/her email address is not added to our mailing list to ensure that the User does not receive periodic electronic mail from Our Dream Playground. (Our Dream Playground will respond by email only to address the User's question or comment.) When a User is signed on as a community-build playground project volunteer by project administrators using our website's Playground Planner service, the User will receive a single email message from Our Dream Playground inviting the User to add her/himself to the Our Dream Playground mailing list; this is the only email communication you will receive from Our Dream Playground. (The User is subject to receive messages from the project administrator, however; if the User does not wish to receive those messages, the User must contact the Project Administrator and opt-out of the administrators list.)

For all users

Our Dream Playground may use technology to obtain non-personal information from your browser when you visit our website and your browser interacts with us; these are often called cookies.

Cookies

A cookie is a way for websites to recognize whether or not you have visited the site before. A cookie is a piece of data given to a browser by a web server and handed back to the browser on subsequent visits. We use cookies at log-in registration and elsewhere when you enter customized information. Recording a cookie at such points makes your online experience easier and more personalized. It also allows us to recognize you as a customer and automate your online experience. Additional information about cookies can be found at http://en.wikipedia.org/wiki/Magic_cookie.

Cookies and privacy:

Although there has been some debate over the privacy implications of cookies, it is important for you to know that cookies do not read your hard drive, nor can they be used to reveal anything about you that you have not chosen to enter as a user on a website. In addition, cookies are unique to servers and are not shared among web servers. If you do not wish to receive cookies, you can set your browser to alert you of a cookie being offered or to reject all cookies. You can also turn cookies back on if your login is not recognized. Just go to the help function on your browser for complete instructions. This technology is not used by Our Dream Playground to obtain personal information, nor do we share the non-personal information obtained with third parties. Are cookies dangerous to your computer? No. Presently, there are no known cases of cookies being used to introduce or spread computer viruses. Technically, a cookie cannot be used to access your hard drive. Your browser may save cookie values to your hard drive, but that is the limit of the effect on your computer system. For each visitor to our website, we collect information on what pages you access or visit. The information we collect is used to:

• Improve the content of our websites for your future visits.
• Customize the content and/or layout of our pages for each individual consumer.
• Notify Users about updates to our website (if you have asked to be notified of updates or new releases).

We also collect the email addresses of those who communicate with us by email in order to reply to their correspondence, to service projects and for marketing purposes.

Transactions/Donations

Any financial transactions made on our website are done through secured services to protect our Users from online theft or fraud. At any time, a User may opt to donate to Our Dream Playground, or purchase Our Dream Playground merchandise, offline by telephone or mail. Our Dream Playground donor privacy policy Our Dream Playground values and respects your right to privacy. Our Dream Playground does not sell, trade or rent your name or address, including email address, to others. On occasion, Our Dream Playground recognizes and thanks donors publicly. If you would prefer not to be recognized, or that your gift remain anonymous, please let us know. Your wishes will be respected. If you would prefer not to receive fundraising communications from Our Dream Playground, please email us at webmaster@kaboom.org. Web links We are not responsible for the collection, use or security of information by companies or organizations outside of Our Dream Playground that may be linked to our website. Users are encouraged to read the privacy policies of websites reached through the use of links from the Our Dream Playground website. For comments or inquiries into our Privacy Policy, please contact Our Dream Playground by email at webmaster@kaboom.org.