Terms of Use

Welcome to the UPPER PLAYGROUND website (the "website" or this website). UPPER PLAYGROUND provides this website as a service to its customers. Please review the following basic rules that govern your use of our website (the "Agreement"). Please note that your use of our website constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this website.

Although you may "bookmark" a particular portion of this website and thereby bypass this Agreement, your use of this website still binds you to the terms. Since UPPER PLAYGROUND may revise this Agreement at any time, you should visit this page periodically to review the terms of your use.

WEBSITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this website (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by UPPER PLAYGROUND. The website as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by UPPER PLAYGROUND. UPPER PLAYGROUND and our other trademarks appearing at this website are the trademarks of UPPER PLAYGROUND.

This website and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the website or any related software.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to UPPER PLAYGROUND on or by this website or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, the "Comments") shall be and remain UPPER PLAYGROUND's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to UPPER PLAYGROUND of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, UPPER PLAYGROUND will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. UPPER PLAYGROUND is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear at the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

LINKS TO OTHER WEB WEBSITES AND SERVICES

This website may contain links to other websites that are not under the control of UPPER PLAYGROUND. UPPER PLAYGROUND has no responsibility for the linked websites nor does it necessarily endorse the linked websites. UPPER PLAYGROUND provides the links solely for the convenience and information of its website users.

Disclaimer

UPPER PLAYGROUND provides the materials on this website "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. UPPER PLAYGROUND expressly disclaims any duty to update or revise the materials on this website, although UPPER PLAYGROUND may modify the materials at any time without notice. By your use of this website, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website. You further acknowledge that UPPER PLAYGROUND shall not be liable for any damages of any kind related to your use of this website.

INDEMNIFICATION

You agree to defend, indemnify and hold UPPER PLAYGROUND harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website.

MISCELLANEOUS

Unless otherwise specified, this website and the Contents thereof are displayed solely for the purpose of promoting UPPER PLAYGROUND's products and services available in the United States, Canada, and elsewhere. This website is controlled and operated by UPPER PLAYGROUND from its offices in San Fransisco, California.

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, Suffolk County.

These terms are effective unless and until terminated by either you or UPPER PLAYGROUND. This Agreement may be terminated at any time by UPPER PLAYGROUND.

Upper Playground
PO Box 7349
130 Mackinaw Rd
Tahoe City, CA 96145