This LIABILITY DISCLAIMER and CREATIVE COMMONS LICENSE WORDING is offered for support, guidance and advice only and should not be relied upon in place of professional or expert advice. We make no representation or warranty of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to the LIABILITY DISCLAIMER and CREATIVE COMMONS LICENSE WORDING. Further, Playground Ideas make no representation that this LIABILITY DISCLAIMER and CREATIVE COMMONS LICENSE WORDING adhere to any safety standards in your country and therefore each project/playground built should be assessed on an individual basis in order to ensure compliance with national safety standards in the applicable country.
To the maximum extent permitted by law, in no event will Playground Ideas be liable for any loss or damage including without limitation, direct, indirect or consequential loss or damage, loss of profits or loss of opportunity arising out of or in any way connected with the any person acting or refraining from acting in reliance of the LIABILITY DISCLAIMER and CREATIVE COMMONS LICENSE WORDING or for failure to comply with the national safety standards in the applicable country, whether based in contract, tort (including negligence), strict liability or otherwise.
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License. This means if you use or feature this work in any website, publication, presentation etc, you must clearly attribute/ credit the work to www.playgroundideas.org (but not in any way that suggests that PlaygroundIDEAS endorses you or your use of the work). You may not use this work for commercial purposes without explicit permission. You may not alter, transform, or build upon this work but you may create and add new work to the PlaygroundIDEAS design library to share. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-nd/3.0/.
General Website Terms and Conditions
1. Terms of Usage
Playground Ideas (“we”, “us” or “ours”) controls and operates the website available at www.playgroundideas.org (“Website”).
Playground Ideas is provided by “From The Ground UP Ltd” and any reference to Playground Ideas on the Website is a reference to From The Ground UP Ltd. (ACN: 152 504 400), which is an Australian registered public company limited by guarantee (not-for-profit).
These terms and conditions are the terms and conditions of an agreement between the person accessing and/or using the Website and any content contained therein (“you” or “your”) and us.
3. Disclaimer of Warranties
Except where expressly stated, Playground Ideas make no representations about the currency, accuracy, suitability or reliability of any content and functionality including without limitation any designs, products, data, information, material, images (moving or still), sound, graphics, software, hyperlinks, logos and trademarks, services and any other material contained in, provided as a result of in connection with your use, of the Website (“Material”). The Material is provided “as is” and without warranties of any kind, either expressed or implied including without limitation implied warranties of merchantability and fitness for any particular purpose.
Any Material made available through the Website whether it be on the Website, as an email, or any other transmission is provided as general information only and should not be relied upon in place of professional or expert advice.
We, including our Board Members, employees, officers, agents and contractors and their employees, officers, partners, agents and contractors do not warrant that the function of, or access to, the Website will be uninterrupted or error free, that any defects will be corrected or that any Website or server which stores and transmits any Material will be free of viruses or any other harmful components. We accept no responsibility for or liability in respect of such interruption, errors, defects, viruses or harmful components.
You as the user will assume the entire cost of any verification, repair, maintenance or correction of any relevant content which is required.
4. Links to Other Websites
The Website may include hyperlinks to websites maintained or controlled by others. Playground Ideas 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 Playground Ideas forums may include hyperlinks to websites maintained or controlled by others. Playground Ideas 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.
5. Limitation of Liability
To the full extent permitted by law, any terms, conditions or warranties in relation to the Website and any Material are hereby excluded. In so far as liability pursuant to legislation may not be excluded, such liability is limited, at our discretion, to the resupply of any service again or payment of the cost of having the service performed again, or the replacement or repair of goods or payment of the cost of having the goods replaced or repaired, as the case may be.
If you sign up to be a registered user of the Website, you will receive or establish an account which may include login details such as username and password (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone or use anyone else’s Account.
You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify us of any unauthorised use of your Account or any other breach of security. We shall not jointly or severally be responsible for any losses arising out of the unauthorised use of your Account.
You shall not access or attempt to access an Account that you are not authorised to access.
You agree not to modify any software used or provided in or in connection with the Content or the Website (“Software”) in any manner or form, or to use modified versions of the Software, for any purposes including obtaining unauthorised access to the Website.
8. Contributing Content
You understand that the Website includes comments 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 Playground Ideas.
• You are legally responsible for all content including without limitation any information, material, images (moving and still), graphics, sound, software, hyperlinks, data, logos and trademarks that you submit to the Website (“Information”);
• You warrant that you have all the necessary or required licenses, rights (including without limitation copyright, privacy, moral or intellectual property rights), consents and permissions to submit or post Information on the Website and that all Information is true and accurate at the time of submission/posting, is not illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent, invasive of the privacy of another person or in contempt of any court or parliament, does not contain any computer virus and is consistent with the mission and purpose of Playground Ideas;
• You consent to us doing all things to any Information you submit for the Website, including modifying or altering such material, and without attribution of authorship, or by bearing false authorship or by modifying or altering the material even if such modification may otherwise constitute derogatory treatment of the material;
• We reserve the right to refuse access to any person or to edit, block or delete Information submitted or posted on the Website by any person for any reason without notice, and we may terminate or restrict your access or use of part or all of the Website. Reservation of this right does not mean that the Information is endorsed by Playground Ideas;
• You grant us a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, reproduce, adapt, transmit, translate, edit, reformate, create derivative works from, publish and/or broadcast, publicly perform and display in any media whether now known or in the future created, any Information posted on or submitted by you to the Website, and you warrant and represent that you own or have the necessary or required licenses, rights, consents and permissions to grant such licence and the displaying, publishing or submission of your Information does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person;
• You further grant us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorised use or reproduction of your Information, as well as the right to attribute your Posted Materials to you;
• You agree to pay for all royalties, fees and any other monies owing any person by reason of any Information displayed, published or posted by you to the Website; and
• You agree that, if a third party claims that your Information is unlawful, you will bear the burden of establishing that the material complies with all applicable laws.
Playground Ideas does not routinely screen or monitor content posted to the Website. If you have questions/concerns about content you see posted in Playground Ideas forums, please contact us through the contact form (http://playgroundideas.org/contact-us/) on the Website.
9. Copyright and Intellectual Property Rights
All content and functionality including without limitation any designs, products, data, information, material, images (moving and still), sound, graphics, software, hyperlinks, and all trade names, trade marks, service marks and other product and service names and logos in the Website (“Content”) is protected by Australian and International law, including without limitation Copyright and Trade Mark law.
We reserve all intellectual property rights in and to the Website and in and to the Content or use both or any of them under licence or applicable law.
Further, Content is protected under a Creative Commons Licence, details of which are provided at http://creativecommons.org/licenses/by-nc-nd/3.0/au/legalcode.
When you access the Website, you agree as follows:
• You may save a local copy of or print Content from the Website for your own personal information and to inform others about it, but you may not charge any fee for any use and all commercial use or exploitation of the Website or any Content is expressly prohibited;
• Any copyright notice or mark appearing on any Content must be included on any copy you make;
• You must keep all Content intact and in the same form as presented on the Website;
• You may not modify or adapt it without our prior written permission;
• You must not copy, reproduce, republish or otherwise make available any Content on the Internet or any means including by other publicly accessible media (including without limitation newspaper, journals, television or radio) without our prior written consent;
• To use the Content only as is allowed by the Creative Commons Licence.
Further activities you must not engage in include:
• Making a copy, modification, adaptation or reselling or redistributing any material on this Website;
• Making any commercial use of material on this Website, unless such use is authorised in writing by us;
• Making any form of representation, including linking or framing, that could mislead or deceive a person into believing that the material is from a source other than the Website; and
• Accessing or using of the Website by any means that is contrary to our commercial interests (including without limitation to facilitate a means of encouraging users of the Website to use another website offering services similar to those on the Website).
We reserve the right to undertake any legal action we deem necessary to protect our intellectual property rights. We also reserve the right to take legal action on parties who have misinformed, mislead, abused or misused any or all of the Content.
10. User code of conduct
In addition to the obligations detailed above with regard to Content, you further agree to the following code of conduct:
• You will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities in conjunction with the use of the Website. You also agree not to submit false or harassing reports or complaints to Playground Ideas about other users;
• You will not impersonate any person or organisation, including without limitation, the personnel of Playground Ideas, and will not access or attempt to access the account of a third party;
• You will not to use the Website for organized partisan, religious or political activities; and
• 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 or gift, directing readers to a location for more information about a product or service, or any other form of commercial solicitation.
Take care when giving out personal information, such as your full name, e-mail address, street address, location, organisation, requirements and/or any other information that may serve to identify you in any way (“Personal Information”) in your profile or postings. You should be aware that disclosure of such information raises safety concerns and may result in solicitations from third parties not authorised by Playground Ideas and other unwanted communications. Playground Ideas disclaims any responsibility or liability arising from your disclosure of such Personal Information, or any other information, in your profile or your postings.
We take no responsibility jointly or severally for the privacy and security of the above information after the user has “hyperlinked” to another website.
14. Child Protection Policy and Code of Conduct
It is your responsibility to ensure that access to and use of the Website is in accordance with the laws applicable in the jurisdiction from which the Website is being accessed.
Use of Playground Ideas Resources Terms and Conditions
The Website contains a body of knowledge from a community of designers seeking to improve the lives of children through offering general information on play that is affordable to communities with few resources. Playground Ideas is a hub where people can gain information and ideas to help make their own playground. Play is the tool that children use to learn and experiment to improve their cognitive, emotional, social and physical skills. Experimentation and risk-taking are inherent in play, and injuries can often result. No play-space, formal or informal, can ever be risk or injury free, and if it were, it would not offer a significant challenge for children to learn and develop their skills.
2. Projects in the US and Canada
Playground Ideas does not offer support for Projects to build or develop playgrounds in the US or Canada. Strict safety guidelines apply in these countries and all designs must comply with these guidelines. If your intention is to build in the US or Canada, please go to www.kaboom.org. Playground Ideas will in no way be involved in or be responsible for any Projects undertaken in these countries.
3. No advice given/no reliance to be placed on information
The designs and safety information on the Website are conceptual in nature and do not take into account your individual circumstances. The designs do not conform to any standard, law or regulation and are a collection of designs from around the world. The information on the Website is indicative only and you should not rely on the information other than in an indicative way. The Website does not provide the information required to construct safe playground equipment. To construct safe playground equipment based on these designs, you may require expert advice from a person who has specialised knowledge, including, for example, knowledge of engineering, playground construction and who can assess appropriately your individual circumstances.
It is your responsibility to obtain all needed information and expert assistance to properly construct safe playground equipment, whatever playground equipment you ultimately decide to construct—this includes constructing the equipment in a way that complies with all applicable laws, standards or other regulations in your location.
Specifically, Playground Ideas accepts no responsibility and offers no advice regarding materials, building style and measurements. Any measurements offered as part of the designs available for inspiration on the Website are indicative only, not prescriptive, and any such measurements are intended to be used as a guide only.
We do not warrant that:
• playground equipment you construct based wholly or in part on the designs or other content on the Website will be safe, functional, suitable for your purposes or satisfy the applicable laws, regulations or standards in your location;
• by following the steps in the designs (with or without further specific expert advice) you will be able to construct playground equipment identical or similar to that pictured in the designs; or
• the content (designs, information, products or services provided directly or by reference) on the Website is accurate, suitable for your purposes or complies with the required laws, regulations or standards in your location.
5. Your Obligations
Before constructing equipment using the designs on the Website, you must make sure the equipment is safe and will be constructed in a way that complies with the product safety standards/guidelines of your own country relating to playground equipment. You must also consider the unique environmental conditions that may affect your ability to construct safe playground equipment.
6. Use of site
Build a Playground Section (including Handbooks and Guidance Material)
The ‘build a playground’ section may include safety guidance and general information related to the planning, design, construction, use and maintenance of playground equipment. Such guidance is general in nature and is not exhaustive. It is not intended that safety guidance available on the Website will accurately or completely reflect all matters that may be relevant to playground safety or safety-related laws, regulations or standards generally or in your location.
Playground Ideas accepts no responsibility for any loss, direct or indirect, attributable to reliance by Users upon the information found on the Website regarding playground equipment, community engagement, safety or regulatory compliance.
Links to the world’s most common safety standards that may apply to your country can be found here: http://www.playgroundideas.org/global-safety-standards/.
Links to general playground safety guidance (basic safety handbook) can be found here: http://www.playgroundideas.org/build-a-playground/design-manuals/
Playground Ideas provides this documentation as a reference only and does not endorse the content therein, and rather offers such information as a guide alone, and accepts no responsibility for any loss, direct or indirect, which is incurred as a result of a User’s reliance upon the information contained within the Safety Guidelines. The safety information does not include information on local building standards in terms of material type, strength or construction style. You must use local professionals and local building standards when selecting local materials and building styles to ensure your building is safe.
The Build a Playground Section, contains an array of downloadable playground Designs, the intended use of these designs is to provide ideas for the construction of playground equipment from local, low-cost and recycled materials.
The designs include a collection of text, pictures, 3-D designs and step-by-step pictorial plans that are to be used in conjunction with each other or an individual item of text, picture, 3-D or step-by-step pictorial plan as specified (“Designs”).
In relation to these designs we note as follows:
• Although we have made every endeavour to make these designs as safe as possible, the designs do not conform to any standard, law or regulation and are a collection of designs from around the world.
• The designs are general in nature and may or may not be suitable for your purposes.
• The concept designs and associated information such as the safety and maintenance guides are intended to be comprehensible to people who have a basic level of knowledge and skill in construction of playground or similar equipment. Before attempting to construct any equipment based on these designs you should assess whether you have the requisite knowledge or skill to engage in the construction, and where appropriate or necessary seek expert and local advice. Specialised knowledge of your local materials, tools and processes may be required to construct safe playground equipment based on this design—for example, engineering knowledge to allow selection of appropriate strength materials for the purposes to which those materials are put, or playground layout expertise to avoid layouts that might cause risk of injury to users would be beneficial.
• The use of recycled and local materials carries inherent risks. Before using these materials in playground construction you should consider the source and properties of the materials (strength, contaminants, toxic chemicals such as lead, splintering risk, etc) and whether they are fit for use in a playground. Improper construction and use of playground equipment may cause death or injury. Playground Ideas accepts no responsibility for any loss, direct or indirect, suffered as a result of a User utilising recycled and/or local materials in construction of playgrounds and playground equipment.
• Unlike buildings, playgrounds undergo significant ‘wear and tear’ and therefore after construction they will need regular checks and maintenance to ensure they are safe and fit for purpose past the opening day into the future. It is your responsibility to ensure these checks are undertaken and Playground Ideas accepts no responsibility for ensuring such checks are undertaken.
3D Drag and Drop Playground Designer Application
The Build a Playground Section, contains a 3D Drag and Drop Playground Designer Application. This application contains a 3D online space where Users can drag and drop in Designs onto a ground plane to create a design for their site.
Playground Ideas offers, in good will, the ability for any User to start a playground Project, through which you can add information relating to your Project. This information will be presented to the users of the Website via a specific project page on the Website (“Project Page”).
Projects includes any planned playground Project, specified in terms of goals, method, target population, budget and location, that, on the basis of the Project Agreement, has been or will be placed on the Playground Idea’s Platform (which is the combination of the Website, newsletters, social network profile and back office).
Users that choose to start a Project agree and accept as follows:
• to thoroughly research the general information noted on the Website and other websites to ensure that the playground is structurally sound, fits with local safety standards/guidelines and is designed in a way to achieve high play value for children and a good outcome for the community;
• that maintenance of the playground is an essential facet in ensuring continued safety of the playground and agree to take responsibility for the provision of such maintenance at any playground built using information from the Website. Information on maintenance is available here (http://playgroundideas.org/How-do-i-do-it);
• a Project is the sole responsibility of the organisation or person that started the Project and Playground Ideas takes no responsibility for the Project in any way;
• the Playground Ideas Platform is for the sole use of quality playground related Projects. Project Pages and information not related to this topic will be removed;
• Playground Ideas does not currently grant funds or receive funds for people outside the organisation to use for any Projects. This may change in the future and Playground Ideas reserves the right to offer this service in the future;
• Playground Ideas allows the solicitation of funds from Project Pages but reserves the right to overrule and cancel provision of funds whereby a Project is deemed unfit or inappropriate to receive these funds; and
The Website contains a section where any user who wishes to volunteer on a Project (“Volunteer”) can advertise their availability and services by uploading a Volunteer profile.
Volunteers can also include a User who commits to a voluntary (unpaid) placement to help with the work of Playground Ideas (“Interns”). Interns work from their own homes and are not covered by the insurance of Playground Ideas and are not employees of Playground Ideas
Playground Ideas does not screen or check for the suitability of persons who apply for Volunteer positions. Volunteers have no contract with nor are they linked to, employed or endorsed by Playground Ideas, and Playground Ideas takes no responsibility for the quality or reputation of any Volunteer. Playground Ideas accepts no liability for any loss, whether direct or indirect, caused by any Volunteer.
Volunteers are required to inform the Project Manager or organisation of their background and experience so the Project Manager may make an informed decision whether or not to engage the Volunteer and upon what terms.
It is the Project Manager and organisations’ complete responsibility to screen and decide on the appropriateness of any Volunteer for their Project based on their policies and needs.
Any User who agrees to or advertises their availability be a Volunteer warrants that they have note been convicted of any crime of violence or abuse of any kind to children. They further agree to be bound by Playground Idea’s Child Protection Policy and Child Protection Code of Conduct.
Directory Section (Play Pages, Play Professionals)
The directory section of the Website is offered in goodwill to any organisation, company or individual whose work is involved in children’s play related topics.
Global Play Alliance Section
Any registered non-profit organisation may apply to start an organisation page to share information solely related to its playground work. If approved the organisation will be permitted to set up an organisation page on the Website.
We do not warrant that any such organisation or its work is legitimate or that the information contained on its page is correct.
If you have questions/concerns about an organisation or the information contained on its page, please contact us through the contact form (http://playgroundideas.org/contact-us/) on the Website.
We reserve the right (in our sole discretion), to remove any organisation page that we do not believe to be legitimate or in keeping with Playground Ideas’ objectives. Company Pages
Companies can purchase a range of playground listings on the Website to advertise their company and support Playground Ideas.
Company pages will be posted for one month at a time based on successful reception of the monthly subscription fee.
Playground Ideas reserves the right to remove any company page for any reason it deems appropriate.
Subscriptions are monthly and pro-rata refunds will not be given under any circumstances. The Project Page may be cancelled at any time but removal will only occur at the end of the subscription period.
7. Marketing Material
All marketing material to be used by companies must be signed off by Playground Ideas prior to use. Playground Ideas offers specific badges for different levels and sponsorship and this is the only way in which it is permitted to use the Playground Ideas logo, unless other arrangements have been made and agreed to in writing.
8. Fee for Service
Playground Ideas may be engaged on a Fee for Service basis. Such engagement includes any instance wherein Playground Ideas is hired for payment to undertake any service including but not limited to supporting local staff to design and construct a playground, offering general information on safety, and any other services.
For all instances where Fee for Service is applicable, a commercial contract must be entered into between the entity requiring the service and Playground Ideas and an initial deposit must be paid.
Where Playground Ideas is engaged on a Fee for Service basis, it is the responsibility of the engaging entity to appoint a Project Manager for the Project. Under no circumstances will Playground Ideas act in this capacity for any Project.
9. Donations and Payments
As Playground Ideas is a not-for-profit organisation, all the content and designs contained on the Website are provided for use under a Creative Commons Licence at no cost to Users other than a request for a donation.
Unfortunately, Donations to Playground Ideas cannot be specific and Playground Ideas is not able to guarantee that any such donation will be directed to a specific Project or service.
Rotary Australia World Community Service (RAWCS) ltd. (ACN: 003 444 264) is the trustee of the Rotary Australia Overseas Aid Fund (ABN: 213 883 376 554). From The Ground Up Ltd has ‘Deductable Gift Recipient Status’ as a project of RAWCS, for Australian donations.
Playground Ideas accepts no responsibility for any loss, direct or indirect, suffered as a result of utilising PayPal (or any other form of payment) to make payments to Playground Ideas.
10. No offers where illegality arises
Nothing on the Website constitutes an offer to provide goods or services in any place if to do so would contravene the laws of that place.