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Build a Playground
Project Planner
Our step-by-step Project Planner equips you with all the know-how you'll need to build a playground—in one day!
Tools and Resources
Get funding, learn the nuts and bolts of building a great place to play, and improve your local playground.
Become a Community Partner
Build a great place to play for your community with the help of your neighbors, friends, KaBOOM! and our Funding Partners.
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Take Action for Play
Save Play in Your Community
Get tips, ideas, and inspiration for making your community more playful.
Playful City USA
Our Playful City USA program recognizes cities and towns that embrace play as a priority.
KaBOOM! Community
Connect and share with other folks who are trying to bring play to their communities.
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The Map of Play
Playing Near You
Find, add, rate, and review playgrounds in your community.
Play Deserts
Where are playgrounds needed most and what happens when kids have nowhere to play?
More:
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About KaBOOM!
What We Do
KaBOOM! is a national nonprofit dedicated to saving play for America's children.
Who We Are
We are peppy, purple-adorned people who passionately promote the power of play!
Partner With Us
Our partners help us to create new playgrounds and to spread the word about the importance of PLAY.
Terms
KaBOOM! WIDGET LICENSE AGREEMENT
Please read this KaBOOM! Widget License Agreement (“Agreement”) carefully before downloading or using the KaBOOM! Playspace Finder Widget (the “Widget”). By downloading or using the KaBOOM! Widget, you are agreeing to be bound by the terms of this Agreement.
1. License. KaBOOM! grants to you a nonexclusive, nontransferable, non-sublicenseable, personal license to use the Widget to enter, search, and rate playspaces in your community, and to enable others to use the Widget to enter, search, and rate playspaces in your community, so long as no fee is charged for such use, and such use otherwise conforms to the terms and conditions of Paragraphs 2 of this Agreement.
2. Prohibited Activities. You may not (i) alter any element of the Widget, or any results displayed by the Widget, (ii) other than as permitted by applicable law, copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Widget or any part thereof, (iii) rent, lease, lend, redistribute, or sublicense the Widget, or (iv) use the Widget:
3. No Other Rights. All rights not expressly granted by KaBOOM! to you pursuant to the terms of this Agreement are reserved to KaBOOM! All right, title, and interest in and to the Widget remain at all times solely and exclusively in KaBOOM!, and you shall neither derive nor assert any title or interest in or to the Widget, except for the rights and licenses granted pursuant to the terms of this Agreement.
4. Consent to Use of Data. You agree that KaBoom! may collect and use technical and related information, including but not limited to technical information about your computer, system, and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services, and to verify compliance with the terms of this Agreement. KaBOOM! may use this information, as long as it is in a form that is not personally identifiable to you, to improve the Widget, or our other technologies, including our other software programs.
5. Term and Termination. The term of this Agreement shall commence upon acceptance of the Terms and shall continue in full force and effect until the Agreement is terminated, or until December 31, 2009, whichever occurs earlier. Your rights under this Agreement will terminate automatically without notice from KaBOOM! if you fail to comply with any of the terms of this Agreement, effective simultaneously with such failure. Upon termination of this Agreement, you shall cease all use of the Widget and destroy all copies, full or partial, of the Widget in your possession, custody or, control.
6. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WIDGET IS AT YOUR SOLE RISK. THE WIDGET IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KaBOOM! DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE WIDGET, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY, ACCURACY AND NON-INFRINGEMENT.
7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KaBOOM! BE LIABLE TO LICENSEE OR ANY OF ITS AFFILIATES FOR ANY DAMAGES WHATSOEVER, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF KaBOOM! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OF THE CONDUCT GIVING RISE TO SUCH DAMAGES. In no event shall KaBOOM!’s total liability to you for any damage exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Licensee Indemnification. You shall indemnify, defend and hold KaBOOM! and its respective officers, directors, employees, contractors, and agents harmless from and against any and all claims, liabilities, losses, damages, costs and expenses (including, without limitation, attorney’s fees and expenses) arising out of or relating to: (i) any breach, failure or violation of any of the terms of this Agreement; (ii) your use of the Widget; and (iii) any third party claim with respect to your use of the Widget.
KaBOOM! shall give you notice of any event as to which it may request indemnification. The defense of any such claim or litigation will be at your sole expense and shall be within your sole control provided, however, that any appointed counsel shall be reasonably satisfactory to KaBOOM!. If you fail to defend any third party claim covered by this Section 8, KaBOOM! may directly assume the defense of the claim or assertion at issue, and you shall promptly reimburse KaBOOM! for all costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in connection therewith. The failure of KaBOOM! to give timely notice or to furnish relevant data in connection with any such third-party claim shall not constitute a defense (in part or in whole) to any claim for indemnification by KaBOOM!, except to the extent that such failure resulted in material prejudice to you. Notwithstanding the previous sentence, KaBOOM! reserves the right to choose, at its sole discretion, to participate at its sole cost in the defense of any claim or assertion requiring indemnity by you hereunder, and in such event, you shall cooperate fully in connection therewith.
9. Severability. If any of the terms and conditions of this Agreement shall be held to be illegal, invalid or otherwise non-enforceable by a court of competent jurisdiction, all remaining terms and conditions shall remain in full force and effect.
10. Entire Agreement; Amendment. This Agreement is the entire agreement between you and KaBOOM! with respect to the Widget. No amendment to or modification of this License will be binding unless in writing and signed by KaBOOM!
11. Governing Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of New York as applied to agreements entered into and to be performed entirely within New York between New York residents.
12. No Waiver. No failure on the part of KaBOOM! to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as or be deemed a waiver thereof.
13. Headings. The headings in the sections of this Agreement are inserted for convenience only and in no way alter, amend, modify, limit or restrict the contractual obligations of the parties.
1. License. KaBOOM! grants to you a nonexclusive, nontransferable, non-sublicenseable, personal license to use the Widget to enter, search, and rate playspaces in your community, and to enable others to use the Widget to enter, search, and rate playspaces in your community, so long as no fee is charged for such use, and such use otherwise conforms to the terms and conditions of Paragraphs 2 of this Agreement.
2. Prohibited Activities. You may not (i) alter any element of the Widget, or any results displayed by the Widget, (ii) other than as permitted by applicable law, copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Widget or any part thereof, (iii) rent, lease, lend, redistribute, or sublicense the Widget, or (iv) use the Widget:
(a) in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by KaBOOM!;
(b) in connection with any website which contains or displays adult content or promotes or advertises illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
(c) in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to KaBOOM!; or
(d) in a way that violates any law or regulation or in any way violates the legal rights of others.
3. No Other Rights. All rights not expressly granted by KaBOOM! to you pursuant to the terms of this Agreement are reserved to KaBOOM! All right, title, and interest in and to the Widget remain at all times solely and exclusively in KaBOOM!, and you shall neither derive nor assert any title or interest in or to the Widget, except for the rights and licenses granted pursuant to the terms of this Agreement.
4. Consent to Use of Data. You agree that KaBoom! may collect and use technical and related information, including but not limited to technical information about your computer, system, and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services, and to verify compliance with the terms of this Agreement. KaBOOM! may use this information, as long as it is in a form that is not personally identifiable to you, to improve the Widget, or our other technologies, including our other software programs.
5. Term and Termination. The term of this Agreement shall commence upon acceptance of the Terms and shall continue in full force and effect until the Agreement is terminated, or until December 31, 2009, whichever occurs earlier. Your rights under this Agreement will terminate automatically without notice from KaBOOM! if you fail to comply with any of the terms of this Agreement, effective simultaneously with such failure. Upon termination of this Agreement, you shall cease all use of the Widget and destroy all copies, full or partial, of the Widget in your possession, custody or, control.
6. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WIDGET IS AT YOUR SOLE RISK. THE WIDGET IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KaBOOM! DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE WIDGET, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY, ACCURACY AND NON-INFRINGEMENT.
7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KaBOOM! BE LIABLE TO LICENSEE OR ANY OF ITS AFFILIATES FOR ANY DAMAGES WHATSOEVER, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF KaBOOM! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OF THE CONDUCT GIVING RISE TO SUCH DAMAGES. In no event shall KaBOOM!’s total liability to you for any damage exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Licensee Indemnification. You shall indemnify, defend and hold KaBOOM! and its respective officers, directors, employees, contractors, and agents harmless from and against any and all claims, liabilities, losses, damages, costs and expenses (including, without limitation, attorney’s fees and expenses) arising out of or relating to: (i) any breach, failure or violation of any of the terms of this Agreement; (ii) your use of the Widget; and (iii) any third party claim with respect to your use of the Widget.
KaBOOM! shall give you notice of any event as to which it may request indemnification. The defense of any such claim or litigation will be at your sole expense and shall be within your sole control provided, however, that any appointed counsel shall be reasonably satisfactory to KaBOOM!. If you fail to defend any third party claim covered by this Section 8, KaBOOM! may directly assume the defense of the claim or assertion at issue, and you shall promptly reimburse KaBOOM! for all costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in connection therewith. The failure of KaBOOM! to give timely notice or to furnish relevant data in connection with any such third-party claim shall not constitute a defense (in part or in whole) to any claim for indemnification by KaBOOM!, except to the extent that such failure resulted in material prejudice to you. Notwithstanding the previous sentence, KaBOOM! reserves the right to choose, at its sole discretion, to participate at its sole cost in the defense of any claim or assertion requiring indemnity by you hereunder, and in such event, you shall cooperate fully in connection therewith.
9. Severability. If any of the terms and conditions of this Agreement shall be held to be illegal, invalid or otherwise non-enforceable by a court of competent jurisdiction, all remaining terms and conditions shall remain in full force and effect.
10. Entire Agreement; Amendment. This Agreement is the entire agreement between you and KaBOOM! with respect to the Widget. No amendment to or modification of this License will be binding unless in writing and signed by KaBOOM!
11. Governing Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of New York as applied to agreements entered into and to be performed entirely within New York between New York residents.
12. No Waiver. No failure on the part of KaBOOM! to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as or be deemed a waiver thereof.
13. Headings. The headings in the sections of this Agreement are inserted for convenience only and in no way alter, amend, modify, limit or restrict the contractual obligations of the parties.
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