PlayMonster LLC is committed to protecting the online privacy of visitors to our site. PlayMonster does not require anyone to share personal information in order to enjoy our site, and we do not collect personal information unless you voluntarily provide it.
NOTE TO PARENTS: PlayMonster believes that the Internet is a valuable tool that can be used to help children grow and learn. We also realize that children are more susceptible than adults to sites that are not credible. In order to make this the best possible site for both children and adults, PlayMonster adheres to the Children’s Online Privacy Protection Act of 1998 (COPPA) and the guidelines of the Children’s Advertising Review Unit (CARU) of the Council of Better Business Bureaus, Inc.
Personal Information – Generally
Some sections or features of our site may only be accessible by visitors that provide personal information. For example, you may choose to register for a contest, join a club, download a demo, purchase a product or complete an online survey. In those type of situations, we will not require you to disclose more personal information than is reasonably necessary. The personal information that we typically ask for is first and last name, birth date, mailing address, telephone number and an email address. We may also collect a persistent identifier, such as a customer number held in a “cookie” or a processor serial number, that is associated with personal information you have already given us. From time to time, we may ask how you found out about our site, what your hobbies are and your opinion about our products. Answering these questions is optional. We do not rent or sell personal information to advertisers or other third parties. We only share personal information with third parties if necessary for security or maintenance purposes or if required by law.
Personal Information – Children Under 13
We will not collect personal information online from children under 13 without first obtaining verifiable parental consent. If a particular activity requires personal information, we will usually require a child under 13 to print out a form on which to put the personal information. Again, we will not require disclosure of more personal information than is reasonably necessary to participate in the particular activity. The form must be signed and returned by the child’s parent or legal guardian. A parent or guardian can review personal information submitted by their child, have it deleted and refuse to permit further collection or use of the child’s information by sending a written request to Lisa Wuennemann via email (at PlayMonster@playmonster.comcreate new email) or fax (608-362-8178) or mail (PlayMonster LLC, 1400 E. Inman Parkway, Beloit, WI 53511).
What we do with the information we collect
We will use the personal information we collect for the purpose indicated at the time we collect it. For example, if you are entering a contest, we will use the personal information to notify contest winners and to send prizes. If you submit a resume, we will use the personal information only in connection with accepting and evaluating your submission in connection with a job posting. With your consent, we may use your personal information to mail or email you information about new products, contests or promotions. If at any time you wish to stop receiving such information, call Lisa Wuennemann at 1-800-524-GAME.
1. USE OF NAME, HANDLE, TEXT, PHOTO, AND LIKENESS. I hereby grant to PlayMonster LLC, its parents, subsidiaries and affiliated companies, and their respective successors and assigns (collectively, the "Permitted Parties") the right and permission to use my name and/or handle, image, and likeness, and the text and photograph I'm posting to a social media platform such as but not limited to Twitter , Facebook and Instagram by using the #BuildToBattle, #SnapShips, or #PlayMonster hashtag(s) (collectively, the "Content") on the website, Facebook, Instagram, Twitter and other social media platforms operated by PlayMonster (the "Websites"). I agree that the Content may be distributed, published, exhibited, digitized, displayed, reproduced, and otherwise used, on the Websites, anywhere in the world, at any time, for purposes of advertising or trade in promoting and publicizing the Permitted Parties. I agree that I shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, or copyright infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content and I irrevocably waive any and all so-called moral rights I may have in the Content.
2. COMPLIANCE WITH TERMS FOR THIRD PARTY PLATFORMS. I acknowledge and agree that in order to post Content on the Websites, I will be in compliance with the terms and conditions of such Websites.
3. TAKEDOWN. If I want my Content removed from the Websites, I will send a message to the following: email@example.com.
4. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. I represent and warrant as follows: (a) I have the right to post the Content; (b) neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity and/or copyright, of any other person or entity or any applicable laws; (c) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, defamatory, slanderous, or libelous or otherwise depicts inappropriate behavior; and (d) the Content does not contain any advertising or other commercial content. I hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of my warranties, representations or agreements hereunder.
5. NO OBLIGATION TO USE. I understand and agree (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and (b) that Permitted Parties may remove the Content (or any part thereof) from the Websites at any time for any reason in Permitted Parties' sole discretion. I further understand and agree that Permitted Parties will not use any Content or other materials it finds inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that Permitted Parties believes may violate or infringe another's rights, including, without limitation, privacy, publicity or intellectual property rights.
6. IMPORTANT. PLEASE READ GENERAL RELEASE AND LIMITATIONS ON LIABILITY. I hereby agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Content or these Terms shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with submitting the Content, but in no event will attorneys' fees be awarded or recoverable; and (c) under no circumstances will I be permitted to obtain any award for, and I hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages (other than actual out of pocket expenses), and/or any and all rights to have damages multiplied or otherwise increased. I acknowledge and agree that the neither the Permitted Parties nor any of their officers, directors, employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the Content (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on my rights of publicity or privacy, or a claim that I have been defamed or portrayed in a false light). The Permitted Parties assume no responsibility for any damage to my computer system which is occasioned by accessing any Permitted Party’s website, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
7. GOVERNING LAW. I agree that any and all disputes that I may have with, or claims I may have relating to, arising out of or connected in any way with the Content (or any part thereof), these Terms shall be governed by the laws of the State of Wisconsin applicable to contracts executed and to be performed entirely in the State of Wisconsin.