PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE KEFI SERVICES. These Terms and Conditions (“Terms”, “Terms and Conditions”) of Kefi Holdings, Inc., a Delaware limited liability company, and/or its subsidiary and affiliated entities (collectively, “Kefi”, “us”, “we”, or “our”), govern (a) your access to and use of the Kefi services, including the various mobile applications, websites, SMS, APIs, email notifications, applications, buttons, widgets, features, ads, and commerce services, that are operated by Kefi and link to these Terms (collectively, the “Services”), (b) any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”), (c) your purchase and use of Products (defined below), and (d) your access and use of Kefi Play Spaces and related Activities (each as defined below) . By using the Services or otherwise accepting these Terms, you agree to be bound by these Terms.
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. You may use the Services only if you agree to form a binding contract with Kefi and are not a person barred from receiving services under the laws of the applicable jurisdiction. These Terms apply to all visitors, users and others who wish to access or use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
Think of these Terms and Conditions as rules for your interaction with the Services. If you are a child (who may be under the age of 13 or 18), please be sure to get your parents or legal guardians to review and discuss these rules with you, and get their permission, before using the Services.
Other terms may apply to your use of a specific portion of the Services. If there is a conflict between these Terms and Conditions and terms posted for a specific portion of the Services, the latter terms apply to your use of that portion of the Services.
By using the Services, you acknowledge that you have read these Terms and agree to be legally bound by these Terms. You also acknowledge that these Terms are supported by reasonable and valuable consideration, which includes your use and enjoyment of the Services, the Content uploaded or shared by us and other users, and our review, use, or display of any Content you share with us.
IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OR ACCESS THE SERVICES.
If you have any questions about these Terms and Conditions, please contact us.
If you are a child (who may be under the age of 13 or 18), please remember to ALWAYS check with your parents or legal guardian before posting any Content on or through the Services or sending anything to us.
RADIO FREQUENCY WRISTBANDS
In order to deliver the Services at Kefi Play Spaces and related Activities, we utilize radio frequency technology-enabled wristbands (“RF Device”). You and each member of your party may be issued one or more unique RF Device, which allow us to authenticate the individual using an RF Device and the benefits associated with that individual. Your RF Device will be used in one or more of the following ways: for entry to the Play Space, for redemption of your Activities, for security at the Play Space location, and for recording and tracking content created when you participate in Activities. Each RF Device contains a radio frequency device and a transmitter which sends and receives RF signals through a small antenna inside the wristband. Some of your Activities may be “unlocked” by “touching” your wristband to short-range touch points located at the Play Space. You cannot visit the Play Space without using the wristband; certain features of the Activities and Services are dependent upon the wristband technology, including some digital content and some personalized offerings, and will be available to you only if using a wristband linked to an account and/or membership. The wristband technology is also how we provide a secure space for parents and children. If you have a medical device and have questions about your medical device and RF technology, we encourage you to seek the guidance of the manufacturer of your device and your physician. Each RF Device linked to your account may be used to access certain entitlements also linked to your account and/or membership. You are responsible for keeping your RF Device safe and secure. We are not responsible for any unauthorized use of the RF Device.
By creating an account with us to use the Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
The Services may make available listings, descriptions, and images of goods and services, including tickets to any play space, venue and/or facility owned, operated and/or franchised by Kefi (collectively, “Products”). Such Products may be made available by us or by third-parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Services). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display and describe the attributes of Products, including the applicable size, weight and colors. However, we cannot guarantee that our display or description of any Product attributes will accurately reflect actual Product attributes, including the applicable size, weight and colors. Displays and description of sizes, weights, colors, measures, and similar descriptions and attributes are approximate and are for convenience only.
WE SELL PRODUCTS FOR CHILDREN’S USE; HOWEVER, THESE PRODUCTS ARE INTENDED FOR SALE TO ADULTS. CERTAIN PRODUCTS ARE LABELED WITH CAUTIONARY STATEMENTS (WARNINGS) THAT MAY APPLY TO YOUR USE OF THE PRODUCT AND/OR THE USE OF THE PRODUCT BY A CHILD FOR WHICH YOU ARE THE PARENT AND/OR LEGAL GUARDIAN (INCLUDING WITHOUT LIMITATION, “WARNING: CHOKING HAZARD—SMALL PARTS. NOT FOR CHILDREN UNDER A CERTAIN AGE.” ALWAYS READ LABELS, WARNINGS, DIRECTIONS, AND OTHER INFORMATION PROVIDED WITH THE PRODUCT BEFORE USING THE PRODUCT.
Kefi is not responsible for, and cannot guarantee the performance of, goods and services provided by third-parties, including Kefi and its affiliates (and its and their subsidiaries, suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents), our advertisers, or other third-parties to whose sites we link. While our goal is to provide accurate information, Product packaging and material may contain more and/or different information than that provided on the Services, including the Product description, country of origin, and other information. Always read labels, warnings, directions, and other information provided with the Product before using the Product. For additional information about a Product, please contact the manufacturer. If you find a Product is not as described, your sole remedy is to return it in resellable condition (except for Items with manufacturing defect or damaged during shipment), in the original manufacturer’s packaging and with all original contents included, subject to and in accordance with our return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
Purchasing Tickets and/or Entering a Kefi Play Space; Assumption of Risk, Waiver of Liability and Indemnification
By purchasing a ticket to any play space, venue and/or facility owned, operated and/or franchised by Kefi (a “Kefi Play Space”), and in consideration for Kefi allowing you to enter into a Kefi Play Space and/or participate in any activities, parties, or programs offered at a Kefi Play Space (each an “Activity” and collectively, the “Activities”), you thereby acknowledge, appreciate, understand, and agree to the following Assumption of Risk, Waiver of Liability and Indemnification Agreement (this “Agreement”):
By purchasing a ticket to any KEFI Play Space, and in consideration for Kefi allowing you to enter into a Kefi Play Space and/or participate in any Activity (whether on the day you purchase the ticket or on any future date(s)), you thereby confirm, acknowledge, understand, represent, warrant, covenant, agree and certify that: (i) you have been reminded and understand that each Activity includes inherent risks that cannot be totally eliminated regardless of the care taken by Kefi, (ii) you know, understand, and appreciate the types of injuries inherent in the Activities. You assert that the participation by you is voluntary and that you knowingly assume all inherent risks of the Activities, (iii) as used in this Agreement, the term “inherent risk” (a) means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the Activities that you may participate in at a Kefi Play Space and which are not eliminated even if Kefi acts with due care in a reasonably prudent manner, and (b) includes, but is not limited to, the failure by Kefi to warn you of an inherent risk and the risk that you or another participant in the Activity may act in a negligent or intentional manner and contribute to the injury or death of you, and (iv) a participant does not include Kefi or its owners, affiliates, employees, or agents.
WAIVER OF LIABILITY FOR ORDINARY NEGLIGENCE OF KEFI. BY PURCHASING A TICKET TO ANY KEFI PLAY SPACE, AND IN CONSIDERATION FOR KEFI ALLOWING YOU TO ENTER INTO A KEFI PLAY SPACE AND/OR PARTICIPATE IN ANY ACTIVITY (WHETHER ON THE DAY YOU PURCHASE THE TICKET OR ON ANY FUTURE DATE(S)), YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, HEIRS, CHILDREN, EXECUTORS, ADMINISTRATORS, PERSONAL OR LEGAL REPRESENTATIVES, AND ASSIGNS (HEREAFTER REFERRED TO AS THE “RELEASING PARTIES”) DO THEREBY VOLUNTARILY WAIVE, FOREVER RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE AND AGREE TO HOLD HARMLESS KEFI (INCLUDING ITS AFFILIATES, FRANCHISEES, PARTNERS AND OWNERS, DIRECTORS, BOARD MEMBERS, OFFICERS, EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS, AGENTS, EQUIPMENT AND PRODUCT SUPPLIERS, AND OWNERS/OPERATORS OF ALL KEFI PLAY SPACES (HEREAFTER REFERRED TO AS THE “PROTECTED PARTIES”) FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, AND ACTIONS OF EVERY NAME AND NATURE, IN LAW, EQUITY OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AND WHETHER OR NOT CONCEALED OR HIDDEN, INCLUDING WITHOUT LIMITATION THOSE ARISING FROM THE NEGLIGENCE, ACTS OR INACTIONS OF THE PROTECTED PARTIES, GROSS NEGLIGENCE CLAIMS, LIBEL CLAIMS, ASSAULT CLAIMS, DECEPTIVE TRADE PRACTICE CLAIMS, CONTRACT CLAIMS, VIOLATION OF PRIVACY RIGHTS CLAIMS, EMOTIONAL DISTRESS/PAIN AND SUFFERING, INTENTIONAL INFLICTION CLAIMS, LOSS OF/DAMAGE TO PROPERTY, DEATH OR BODILY INJURY, PERSONAL INJURY CLAIMS, PREMISES LIABILITY CLAIMS, PRINCIPAL-AGENT LIABILITY CLAIMS, PHYSICAL IMPAIRMENT CLAIMS, DISFIGUREMENT CLAIMS, LOST WAGES CLAIMS, LOSS OF EARNING CAPACITY CLAIMS, WARRANTY CLAIMS, PUNITIVE DAMAGES CLAIMS, EXEMPLARY DAMAGES CLAIMS AND ANY OTHER FORM OF COMPENSATORY CLAIMS OF ANY NATURE WHATSOEVER, WHETHER BASED ON A TORT, CONTRACT, OR OTHER THEORY OF RECOVERY, WHETHER SAME BE KNOWN AND REALIZED OR UNKNOWN AND NOT REALIZED, THAT ANY OF THE RELEASING PARTIES (INCLUDING WITHOUT LIMITATION, YOU) MAY NOW HAVE, HAVE HAD, OR EVER WILL HAVE; FOR INJURY, ILLNESS, DEATH, OR DAMAGE RESULTING FROM YOUR ENTERING OR USING ANY KEFI PLAY SPACE AND/OR PARTICIPATING IN THE ACTIVITIES AND THE RISKS INVOLVED WITH SAME. THIS RELEASE IS INTENDED BY YOU (ON BEHALF OF YOURSELF AND THE OTHER RELEASING PARTIES) TO BE AS BROAD IN ITS EFFECT AS ALLOWED BY LAW.
BY PURCHASING A TICKET TO ANY KEFI PLAY SPACE, AND IN CONSIDERATION FOR KEFI ALLOWING YOU TO ENTER INTO A KEFI PLAY SPACE AND/OR PARTICIPATE IN ANY ACTIVITY (WHETHER ON THE DAY YOU PURCHASE THE TICKET OR ON ANY FUTURE DATE(S)), YOU ACKNOWLEDGE AND AGREE THAT (I) THIS AGREEMENT APPLIES TO PERSONAL INJURY (INCLUDING DEATH) TO YOU FROM INCIDENTS OR ILLNESSES ARISING DIRECTLY OR INDIRECTLY FROM YOUR PARTICIPATION IN THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO PARTIES, SPECIAL EVENTS, AND RECREATIONAL PLAY; WHILE AS A PARTICIPANT, OBSERVER OR SPECTATOR; AND INDIVIDUAL USE OF ANY KEFI PLAY SPACE, AND (II) THIS AGREEMENT APPLIES TO ALL ACTIVITIES AND ALL FACILITIES, EQUIPMENT, AND ALL OTHER VENUES OR PREMISES INCLUDING THE ASSOCIATED SIDEWALKS, RESTROOMS, PARTY ROOMS, PLAY SPACES, AND PARKING LOTS, AND TO ANY AND ALL CLAIMS RESULTING FROM THE DAMAGE TO, LOSS OF, OR THEFT OF PROPERTY.
WITHOUT IN ANY WAY LIMITING THE FOREGOING AND FOR AVOIDANCE OF DOUBT, BY PURCHASING A TICKET TO ANY KEFI PLAY SPACE, AND IN CONSIDERATION FOR KEFI ALLOWING YOU TO ENTER INTO A KEFI PLAY SPACE AND/OR PARTICIPATE IN ANY ACTIVITY (WHETHER ON THE DAY YOU PURCHASE THE TICKET OR ON ANY FUTURE DATE(S)), YOU, ON BEHALF OF YOURSELF AND ALL OF THE RELEASING PARTIES, THEREBY WAIVE AND RELEASE, IN ADVANCE, ANY CLAIM OR CAUSE OF ACTION AGAINST KEFI AND/OR ANY OF THE PROTECTED PARTIES, WHICH WOULD ACCRUE TO MR FOR PERSONAL INJURY, INCLUDING DEATH, AND PROPERTY DAMAGE RESULTING FROM AN INHERENT RISK IN THE ACTIVITIES AT ANY KEFI PLAY SPACE. YOU ACKNOWLEDGE AND AGREE THAT THE RELEASE AND WAIVER OF LIABILITY SET FORTH HEREIN COVERS CLAIMS WHICH YOU MAY NOT KNOW ABOUT OR SUSPECT MAY EXIST AT THE TIME YOU PURCHASE A TICKET, ENTER A KEFI PLAY SPACER AND OR PARTICIPATE IN ANY ACTIVITY.
Indemnification. By purchasing a ticket to any KEFI Play Space, and in consideration for Kefi allowing you to enter into a Kefi Play Space and/or participate in any Activity (whether on the day you purchase the ticket or on any future date(s)), you agree to hold harmless, defend, and indemnify each of the Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims of Releasing Parties or others acting on behalf of the participant or yourself, arising from participation in the Activities (including without limitation those arising from the inherent risks of the Activity or the negligence of Protected Parties). You further agree to hold harmless, defend, and indemnify Kefi against any and all claims of co-participants, rescuers, and others arising from your conduct within any Kefi Play Space and/or your participation in any of the Activities.
Photo, Audio and Video Consent. By purchasing a ticket to any KEFI Play Space, and in consideration for Kefi allowing you to enter into a Kefi Play Space and/or participate in any Activity (whether on the day you purchase the ticket or on any future date(s)), you, on behalf of yourself and the other Releasing Parties, understand that you may be photographed, filmed, or otherwise recorded at Kefi. You, on behalf of yourself and the other Releasing Parties, understand and agree that all photographs, audio recordings, and video footage taken of you while at Kefi, and any works derived therefrom, will be the sole property of Kefi and that Kefi has the unrestricted right to use, share, transfer, license, display, reproduce, perform, modify, transmit, publish, distribute and/or otherwise exploit such photographs, audio recordings and/or video footage, including your likeness, in Kefi’s sole discretion and for any purpose whatsoever in any and all media (in either case, now known or developed later), without compensation to you. You further acknowledge and agree that Kefi does not control other Kefi Play Space participants, and such participants may be taking photographs, audio recordings, and video footage that include you. Kefi shall have no responsibility, and you hereby hold Kefi harmless from, all such activities by other participants.
Representations, Warranties, Covenants, Acknowledgements and Agreements. By purchasing a ticket to any KEFI Play Space, and in consideration for Kefi allowing you to enter into a Kefi Play Space and/or participate in any Activity (whether on the day you purchase the ticket or on any future date(s)), you thereby confirm, acknowledge, understand, represent, warrant, covenant, agree and certify that: (a) this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Georgia that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect; (b) you have read a copy of Kefi’s rules and policies regarding the participation in the Activities and understand and agree that (i) it is your responsibility to ask questions about the rules and regulations if necessary, (ii) it is your responsibility to abide by such rules, iii) if you have reasonable cause to believe that any rules have been broken by any individual at any time, you are to immediately bring the same to the attention of the nearest Kefi Playsmith; (c) if you discover any hazards at Kefi, or otherwise have reasonable cause to believe a hazard exists at Kefi, you agree to immediately report said hazard to the nearest Kefi Playsmith; (d) Kefi does not provide liability, accident or health insurance to protect its members, guests or participants (including you) in the event of death, injury or property damage and that it is your responsibility to provide such insurance coverage for your benefit and protection; (e) you have previously acquired or procured sufficient insurance coverage on your behalf to cover, or you otherwise agree to individually bear and pay on your behalf, any and all costs incurred as a result of personal injury, including death, and property damage, resulting from an inherent risk in the Activities at any Kefi Play Space; (f) you are in good health, and that you have no health conditions or physical limitations which would interfere with safe participation at in the Activities; (g) the entry by you into any Kefi Play Space is strictly voluntary; (h) the participation by you of any Activity is strictly voluntary; (i) Kefi is not responsible for personal property lost, damaged, or stolen while you participate in the Activities or while using any Kefi Play Space; (J) you (i) possess no health problems or physical disabilities that would make participation unwise or risk injury, (ii) understand that Kefi advises all participants to seek medical clearance prior to participation, and (iii) possess sufficient skills, experience in the activity, coordination, and fitness to safely participate; (k) you (i) authorize the use of first aid by Kefi if Kefi’s staff deems it is needed, (ii) authorize the use of CPR if Kefi’s staff deems it is needed, (iii) authorize the use an AED (when available) should Kefi’s staff deem it is needed, (iv) authorize Kefi to secure emergency medical care and transport if deemed necessary, (v) agree to assume all cost of emergency care and transportation, and (vi) acknowledge and thereby agree that Kefi does not provide medical personnel during the Activities; (l) you are over the age of 18 and you are authorized to execute this Agreement pursuant to applicable law; (m) you have carefully read every word of this Agreement, and that you understand and agree to all of the terms, conditions, waivers, and certifications made herein; (n) you will promptly inform Kefi of any changes and/or updates to the information set forth or required in this Agreement with respect to you; (o) prior to executing this Agreement, you have had an opportunity to ask any and all questions you may have; (p) you understand that you have the right to review this Agreement with an Attorney of your choosing prior to signing, if you wish; (q) no contradictory oral representations, statements, or inducements have been made or relied on by you, and that this Agreement reflects the entirety of the representations made to you and relied on by you in determining acceptance of this Agreement and to be legally bound to this Agreement; (r) this Agreement supersedes any and all previous oral or written promises or agreements and cannot be modified or changed in any way by representations or statements by any agent or employee of Kefi; (s) if legal action is brought against Kefi Holdings, LLC, a Delaware limited liability company, and/or its subsidiary and affiliated entities, either the appropriate state court serving Fulton County, Georgia, or the United States District Court for the Northern District of Georgia has the sole and exclusive jurisdiction and that only the substantive laws of the State of Georgia shall apply; and (t) prior to pursuing legal action, you will engage in good faith efforts to mediate any dispute that might arise and that should the issue not be resolved by mediation, you agree that all disputes, controversies, or claims arising out of participation at a Kefi Play Space shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect.
Acknowledgment of Electronic Transmissions and Signatures. By purchasing a ticket to any KEFI Play Space, and in consideration for Kefi allowing you to enter into a Kefi Play Space and/or participate in any Activity (whether on the day you purchase the ticket or on any future date(s)), you thereby acknowledge and agree to contracting and transacting electronically and that this Agreement may be executed via electronic signatures (whether digital or encrypted) and/or electronic transmission and such shall be deemed original signatures for purposes of this Agreement and all matters related hereto, with such electronic transmission and electronic signatures (whether digital or encrypted) having the same legal effect as original signatures. By purchasing a ticket to any KEFI Play Space, and in consideration for Kefi allowing you to enter into a Kefi Play Space and/or participate in any Activity (whether on the day you purchase the ticket or on any future date(s)), you thereby acknowledge and agree that this Agreement, and any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature (whether digital or encrypted) in accordance with any and all applicable laws. By purchasing a ticket to any KEFI Play Space, and in consideration for Kefi allowing you to enter into a Kefi Play Space and/or participate in any Activity (whether on the day you purchase the ticket or on any future date(s)), you thereby acknowledge and agree that any document accepted, executed or agreed to by you in conformity with such laws will be binding on you as if it were physically executed.
Acknowledgment of Understanding. By purchasing a ticket to any KEFI Play Space, and in consideration for Kefi allowing you to enter into a Kefi Play Space and/or participate in any Activity (whether on the day you purchase the ticket or on any future date(s)), you thereby acknowledge and agree that you have read and understand this Agreement. By purchasing a ticket to any KEFI Play Space, and in consideration for Kefi allowing you to enter into a Kefi Play Space and/or participate in any Activity (whether on the day you purchase the ticket or on any future date(s)), you thereby acknowledge and agree that you understand that you are giving up substantial rights, including your rights to sue for damages in the event of death or injury to you. By purchasing a ticket to any KEFI Play Space, and in consideration for Kefi allowing you to enter into a Kefi Play Space and/or participate in any Activity (whether on the day you purchase the ticket or on any future date(s)), you thereby acknowledge and agree you acknowledge that you are voluntarily signing this Agreement, and intend your purchase of a ticket to a Kefi Play Space, entry into any Kefi Play Space and/or your electronic signature to this Agreement be a complete release of all liability, including that due to inherent risks or negligence by the Protected Parties, to the greatest extent allowed by the laws of the states signified above.
BY PURCHASING A TICKET TO ANY KEFI PLAY SPACE, AND IN CONSIDERATION FOR KEFI ALLOWING YOU TO ENTER INTO A KEFI PLAY SPACE AND/OR PARTICIPATE IN ANY ACTIVITY (WHETHER ON THE DAY YOU PURCHASE THE TICKET OR ON ANY FUTURE DATE(S)), YOU UNDERSTAND THAT YOU ARE ENTERING INTO AND LEGALLY BOUND BY THIS AGREEMENT AND THAT YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE KEFI AND THE OTHER PROTECTED PARTIES.
BY PURCHASING A TICKET TO ANY KEFI PLAY SPACE, AND IN CONSIDERATION FOR KEFI ALLOWING YOU TO ENTER INTO A KEFI PLAY SPACE AND/OR PARTICIPATE IN ANY ACTIVITY (WHETHER ON THE DAY YOU PURCHASE THE TICKET OR ON ANY FUTURE DATE(S)), YOU THEREBY CERTIFY THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THAT YOU HAVE AFFIXED YOUR ELECTRONIC SIGNATURE (WHETHER DIGITAL OR ENCRYPTED) TO THIS AGREEMENT INTENDING TO BE LEGALLY BOUND TO THIS AGREEMENT, AND THAT YOU AGREE TO ALL THE REPRESENTATIONS, WARRANTIES, COVENANTS, AGREEMENTS TERMS AND CONDITIONS SET FORTH HEREIN.
If you wish to purchase any Product made available through the Services or ticket(s) or membership(s) to Kefi Play Space(s) (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: Product availability, errors in the description or price of the Product, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Kefi Play Space Memberships. If you purchase a membership to a Kefi Play Space, you will be billed monthly or annually in advance, depending on whether your membership is monthly or annual, respectively. Memberships shall automatically renew for consecutive, subsequent terms equal to your membership period (e.g. monthly or annually), but you may cancel your membership at any time upon at least thirty (30) days’ advance notice by cancelling your membership through your account profile on our website. However, when you cancel your membership, you will not receive a refund for any amounts paid or already owed for such membership. Additionally, beginning one (1) year after you start your membership, Kefi may change your membership price upon notice to you (i.e. your pricing will not change for the first year of your membership).
Shipping and Delivery
Kefi provides Standard Shipping (estimated delivery within 5-10 business days) solely within the continental United States (we do not ship to Hawaii, Alaska, U.S. Virgin Islands, Puerto Rico or any other U.S. territories and possessions).
- We offer you two shipping options to meet your needs:
- Standard Shipping (estimated delivery within 5-7 business days)
- Expedited Shipping (estimated delivery within 2 business days)
- Members receive free Standard Shipping on all orders.
- Non-members receive free Standard Shipping on orders of at least $75 and pay a flat $9.99 rate on all orders under $75.
- Expedited Shipping charges for Members and Non-Members is as follows:
- Orders less than $25 – Expedited Shipping is not available
- Orders between $25 – $74.99 – Flat Expedited Shipping rate of $14.99
- Orders between $75 – $149.99 – Flat Expedited Shipping rate of $9.99
- Orders of at least $150 – Expedited Shipping is free
- Please note that we do not ship to P.O. Boxes.
- Delivery Time
- Shortly after placing your order, you will receive an Order Confirmation via e-mail to confirm your order, shipping and delivery estimates. Once your item ships, you will receive a separate e-mail with carrier and tracking information.
- All in-stock items usually ship within 1-3 business days (Monday through Friday, excluding holidays). In a few cases it might take longer but we will make reasonable efforts to ensure the best and fastest service. Customized/personalized items usually ship within 10-14 business days (Monday through Friday, excluding holidays).
- Please note that the delivery time frame provided above is an estimate of when the item will be delivered to your shipping address after it ships. The estimated delivery date depends on the shipping method you choose during checkout. Delivery estimates do not include processing time (most in-stock items generally take 1-2 days to process). Weather-related shipping delays are not within our control.
All orders ship via a major mail carrier of Kefi’s choice.
If your shipment(s) arrives and you still have questions about items missing from your order, please contact email@example.com and we will be happy to assist you. If you desire the items to be shipped to different locations, additional shipping charges may apply.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and acceptable to Kefi’s shipping policies and restrictions. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Availability, Errors and Inaccuracies
We are constantly updating Product offerings on the Services. We may experience delays in updating information on the Services and in our advertising on other web sites. The Content and/or information found on the Services are for educational and informational purposes and may contain errors or inaccuracies and may not be complete or current. Products may be mispriced, described inaccurately, or unavailable on the Services and we cannot guarantee the accuracy or completeness of any information found on the Services.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Before you act in reliance on any Content and/or information found on the Services, you should confirm any facts that are important to your decision. Kefi makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Content and/or information found on the Services.
KEFI ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AND/OR INFORMATION FOUND ON THE SERVICES.
Contests, Sweepstakes and Promotions
The Services allow you to view, post, link, store, share and otherwise make available certain Content. You are responsible for the Content that you post on or through the Services, including its legality, reliability, and appropriateness.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or
reliability of, control, or assume any responsibility, or liability for any Content you or others submit, post, or share on or through the Services and/or any communications posted via the Services. You acknowledge and agree that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Any use or reliance on any Content posted via the Services or obtained by you through the Services is at your own risk. You acknowledge and agree that we have no liability to you for any Content found on or through the Services that you find to be offensive, indecent, or objectionable.
By posting Content on or through the Services, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Services. However, by posting Content using the Services you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.
Kefi has the right but not the obligation to monitor and edit all Content provided by users. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot and do not take responsibility for such Content.
In addition, Content found on or through the Services are the property of Kefi, or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
By participating and interacting with the Services, posting a message, or sending us your thoughts, you (and, if you’re under the age of 13, your parents) are telling us that we can use or publish your screen name or repeat and use your message and/or Content. We can use such information in any way we want, anywhere, even in an advertisement.
If you are a child (who may be under the age of 13 or 18), please remember to ALWAYS check with your parents or legal guardian before posting any Content on or through the Services or sending anything to us.
To take use and take advantage of the Services, you may be required to create an account with us. As part of creating an account with us, you will be able to create a profile with an associated screen name based on information and preferences you provide us. When you create an account with us, you acknowledge and agree that:
- the information you provide us is accurate, complete, and current at all times (Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services);
- you will not use your real name, or the real name of any one related to you in selecting your screen name.
- if you are a child (who may be under the age of 13 or 18), you will not share any other personal information about yourself anywhere on the Services, such as your real name, social security number, physical address, or phone number.
- not to use your real name, or the real name of any one related to you in selecting your screen name to register and create an account with us;
- that you will only register and create an account with us with a true, valid email address for a parent or guardian;
- to let us know of any changes to such email address;
- not to use anyone else’s screen name or email address to access any of the Services;
- to safeguard your screen name, password, and any email address you provide, and to take responsibility for all activity on the account you create; and
- to notify us immediately if you find out that someone else is using your screen name, email address, or account without your permission.
If you are a parent or guardian and you are aware that your child has created an account that you have not consented to, please contact us so that we can take steps to terminate your child’s account with us. If you are a parent or guardian and you are aware that that we have collected personal data from your child without your consent, please contact us so that we can take steps to remove that information from our servers.
We do not guarantee that any information you provide will not be intercepted by a third-party during transmission over any public networks or otherwise. You bear the risk of communicating with us electronically and we are not responsible for any resulting loss or damage.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your mobile device, tablet, computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion.
You may not reverse engineer, disassemble, or decompile, derive code or materials from, or capture any source, scripts, layouts, design, metadata, or other information accessible through the Services (including, without limitation, data packets transmitted to and from the Services), or analyze, decipher, “sniff”, derive code or materials from any packet stream to or from the Services, or attempt any of the foregoing. You expressly waive any legal rights you may have to do any of the foregoing, including any claim that such activities constitute “fair use” or are for “interoperability purposes” under the Digital Millennium Copyright Act.
Further, in using the Services, you may not:
- violate these Terms and Conditions, infringe upon our rights or the rights of others (including, without limitation, intellectually property rights, rights of privacy such as unauthorized disclosure of a person’s name or email or physical address or phone number, and rights of publicity), or violate any laws;
- conduct or solicit illegal or other activity that in any way harms us or any of our affiliates and business partners;
- post, email, message, or otherwise make available through the Services, any Content that:
- incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence,
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason,
- is illegal or violates any laws, including laws related to adult activities and Content, child pornography, criminal activities, gambling, and drugs, or
- promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated music or videos or computer programs, or links to such materials;
- engage in commercial activities or sales, such as contests, sweepstakes, barter, advertising, or the buying or selling of “virtual” items, without our prior written permission;
- disguise the origin of any message, communication, or transmittal you send to us through the Services;
- use any robot, spider, scraper, or other automated or manual means to access Services, or copy any Content or information on the Services;
- attempt to gain unauthorized access to any portion of the Services or any related networks or systems by hacking, password “mining”, or any other illegitimate means;
- probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems;
- modify or reroute or attempt to reroute the Services;
- link to the Services from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
- utilize framing, squeeze back, overlay or other techniques to enclose or display the Services or any Content on the Services, with any other software or Content of a third-party; or
- take any action that places a disproportionately large load on the Services or any related networks or systems.
We reserve the right, but not the obligation, to investigate and take appropriate legal action against anyone who we believe is violating these Terms, including without limitation, removing any Content and/or materials, suspending or terminating the account of such violators, or suspending or terminating the right to use the Services.
The Services may contain:
- references to names, marks, data, Content, products, or services of third-parties;
- links to third-party websites; and
- descriptions of services and products provided by third-parties.
If you choose to deal with third-parties, you agree that you have a direct relationship with them and are solely responsible for any such dealings. If you have concerns with any third-party website, please address them with the administrator of that website.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Services infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Services on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com.
The Services and the Content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Kefi, and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kefi.
Links To Other Web Sites
The Services may contain links to third-party web sites or services that are not owned or controlled by Kefi.
Kefi has no control over, and assumes no responsibility for the Content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Kefi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may simply discontinue using the Services.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Kefi, and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Services, by you or any person using your account and password; (ii) a breach of these Terms by you or any person using your account and password, or (iii) Content posted on the Services by you or any person using your account and password.
Limitation Of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, KEFI AND ITS AFFILIATES (AND ITS AND THEIR SUBSIDIARIES, SUPPLIERS, VENDORS, CONTRACTORS, AND LICENSORS; AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KEFI OR ITS AFFILIATES (OR ITS OR THEIR SUBSIDIARIES, SUPPLIERS, VENDORS, CONTRACTORS, OR LICENSORS; OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS)) HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NONE OF KEFI OR ITS AFFILIATES (OR ITS OR THEIR SUBSIDIARIES, SUPPLIERS, VENDORS, CONTRACTORS, OR LICENSORS; OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS) WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF: (A) FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF SERVICES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE, AND (B) ONE HUNDRED DOLLARS ($100).
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NONE OF KEFI OR ITS AFFILIATES (OR ITS OR THEIR SUBSIDIARIES, SUPPLIERS, VENDORS, CONTRACTORS, OR LICENSORS; OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS) WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Services and supersede and replace any prior agreements we might have had between us regarding the Services.
Changes and Updates to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Services after any revisions become effective, you agree to be bound by these Terms, as these Terms are revised, amended and/or modified from time to time. If you do not agree these Terms, as these Terms are revised, amended and/or modified from time to time, you are no longer authorized to use the Services.
Unsolicited Ideas and Feedback
Neither we nor our employees accept or consider unsolicited ideas, including those for new or improved products or technologies, product enhancements, processes, marketing plans, or product names. The purpose of this policy is to avoid any potential misunderstandings or disputes if our offerings or strategies seem similar to ideas that you submitted to us.
If you choose to send us your ideas anyway, through the Services or otherwise, you agree that:
- your ideas automatically become our property, without any compensation to you;
- we can commercialize these ideas and use them for any purpose and in any way; and
- we can give and transfer these ideas to others.
You also represent and warrant that such ideas are your original ideas and that you have all the rights necessary for you to grant us rights to them, as described above.
Electronic Notices and Communications
By visiting and/or using the Services or sending us email, you are communicating with us electronically. By communicating with us electronically, you agree that:
- we may communicate with you electronically by email, or as appropriate, by posting general notices on the Services;
- all notices, disclosures, and other communications that we send you electronically satisfy any legal requirement that such communications be in writing; and
any notices are deemed to be given and received on the date we transmit any electronic communication as described above.
If you have any questions about these Terms, please contact us.
If you are a child (who may be under the age of 13 or 18), please remember to ALWAYS check with your parents or legal guardian before posting any Content on or through the Services or sending anything to us.
These Terms and Conditions are effective as of, and were last updated and posted on, May 20, 2019.