1. Acceptance of Terms
1.1. Dig It Torrance LLC, a California limited liability company, commonly known as “Dig It” (also referred to as the “Retailer”, “Company”, “us”, or “we”), makes available the website www.digittorrance.com (referred to as the “Site”), providing tickets, reservations, and merchandise purchase functionality for Dig It’s indoor kids’ play and education spaces, subject to the user’s compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreements between the Site and the users.
i. All information presented here is only directed to persons eighteen (18) years and older. By utilizing the Site, you must agree to adhere with local, state, and federal regulations.
1.2. We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.
1.3. As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site.
1.4. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE OR DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THESE TERMS IS TO CEASE USING THE SITE.
1.5. You acknowledge and agree that:
i. Dig It does not warrant that the services or products you may order through the Site will be suitable for your intended purposes;
ii. You will read the information available on any enclosures, attachments, packaging and any inserts of the products or services sold through the Site, including any waivers, licenses, instructions, warranties, warnings, and precautions for proper use of the products and services, and will use the products and services only as instructed;
iii. Your use of the products sold through the Site is at your sole risk; and
iv. Dig It reserves the right to limit quantities of the products or services you purchase through the Site, for any reason and at our sole discretion.
2.1 Offerings. Dig It provides a number of Offerings for users on its Site, including, but not limited to, information, tickets, reservations, and merchandise purchase functionality for Dig It’s indoor kids’ play and education spaces (“Offerings”).
2.2 No Guarantee. Although Dig It works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this Site.
2.3 Purchase Policies. Please refer to our Purchase Policies for the terms, conditions, and policies applicable to your ordering and purchasing of products from the Site as well as returns, modifications, exchanges and shipping of products ordered from the Site. Our Purchase Policies apply to all purchases or orders made as a result of using the Site, and by ordering or purchasing products through the Site, you acknowledge and agree to the policies contained in the Purchase Policies. Please review our Purchase Policies for any changes before any purchase as we reserve the right to change the Purchase Policies at any time. If you have any questions regarding our Purchase Policies, please contact us at email@example.com.
2.4 Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided “AS IS”, unless otherwise indicated on or with the specific Offerings, and that we assume no responsibility for the timeliness, deletion, mis-delivery, rejected/returned payment, or failure to store any user communications or personalization settings.
2.5 Refunds and Returns. Purchased Offerings may be returned and ticket or reservations purchases may be cancelled or modified pursuant to Dig It’s Return/Refund Policy https://digittorrance.com/privacy-policy. Payments for lost shipments may be refunded at Dig It’s discretion and on a case-by-case basis. Damaged items may be replaced or partial refunds for said items may be issued, at Dig It’s discretion and on a case-by-case basis.
3. Information and Purchasing Purposes Only
3.1 All information provided on this website is for informational and purchasing purposes only. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and the reasons for your belief to: firstname.lastname@example.org.
3.2 You understand and acknowledge that we cannot promise or guarantee specific results from using the Site. Further, as comments may be posted or communicated by other users of the Site, we are not responsible for their content or services offered.
3.3 You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You agree that the information available through this Site is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, or mis-delivery of, or failure to store, any user communications or material uploaded by you.
4. Third-Party Sites and Information. This Site may feature, redirect, or link to other websites on the Internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time, such sites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of material hosted by third-party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a feature, link, or reference is provided merely as a convenience and does not imply endorsement of or association with the site or party by us, or any warranty of any kind, either express or implied.
Dig It has no control over said websites and content and therefore you acknowledge that Dig It is not responsible for the availability of such links, resources, and content, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these linked web sites. You also acknowledge and agree that Dig It is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of content, goods or services offered through these links, or for any intellectual property or other third-party claims relating to your posting or using such links.
5. The Company’s Intellectual Property
5.1 Content. For purposes of these Terms, “content” is defined as any information, communication, published work, photo, video, graphic, music, sound, or other material that can be viewed by users on our Site and is owned by us, our Affiliates, or our licensors including, but not limited to, the Company’s trademarks and service marks.
5.2 Ownership of Content. All content on the Site is subject to intellectual property rights, contractual, or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted, or transmitted in any way except as provided expressly in these Terms or with our prior express written consent. Any use of the content other than as permitted by these Terms or any other unauthorized use of the content may make you liable to us or our licensors for violation of intellectual property rights, including but not limited to intentional infringement of our copyright and trademark rights.
5.3 Site Use. We grant you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products, or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without our prior written permission is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
5.4 No Warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
5.5 Trademarks. Our trademarks or service marks include, but are not limited to, DIG IT, PLAY TO LEARN, and related logos. All custom graphics, icons, logos, and service names are trademarks or service marks of our corporation or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name, or those of our Affiliates and our licensors.
6. Privacy & Security
6.1 Login Option. In order to purchase tickets, set reservations, and manage tickets, reservations, shipping and billing addresses, payment options, and subscriptions, registration is required. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
6.2 Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
7.1 ALL CONTENT ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THE CONTENT OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. DIG IT WILL NOT BE LIABLE FOR ANY VIRUSES OR OTHER MALWARE TRANSMITTED TO OR THOUGH THIS SITE BY ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH OR LINKED FROM THE SITE SHALL CREATE ANY WARRANTY, EXPRESS OR IMPLIED.
7.2 DIG IT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED OR REFERENCED WEBSITE. DIG IT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7.3 THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS SITE AT ANY TIME WITHOUT NOTICE. THE CONTENT OR INFORMATION AVAILABLE AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.
7.5 SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
8. Limitation of Liability & Indemnification
8.1 THIS SITE IS PROVIDED AS A PLATFORM FOR INFORMATION, TICKETS, RESERVATIONS, AND MERCHANDISE PURCHASE FUNCTIONALITY FOR DIG IT’S INDOOR KIDS’ PLAY AND EDUCATION SPACES. THE COMPANY AND ITS AFFILIATES DO NOT REPRESENT ANY USER OF THE SITE OR ANY OTHER BUSINESS FEATURED ON THIS SITE. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFIT LOSS; YOUR PARTICIPATION IN ACTIVITIES BASED ON THE CONTENT FEATURED ON THE SITE; YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE OR PROVIDED ON THE SITE; OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE, SHOULD YOU INCUR DAMAGES AS A RESULT OF THE USE OF PRODUCTS, SERVICES, OR INFORMATION FEATURED ON THE SITE. PLEASE REFER TO THE SPECIFIC INFORMATION PROVIDED WITH THE OFFERING FOR ANY WARRANTY INFORMATION.
YOU AGREE THAT THE COMPANY (AND ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, MANAGERS, DIRECTORS, MEMBERS, AND ALL OTHER RELATED PARTIES) IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR PARTICIPATION IN THE ACTIVITIES OR SERVICES FEATURED ON THE SITE OR THE GOODS PURCHASED THROUGH THE SITE. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY (AND ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, MANAGERS, DIRECTORS, MEMBERS, AND ALL OTHER RELATED PARTIES) FROM ANY AND ALL CLAIMS AND/OR LIABILITIES RESULTING FROM YOUR PARTICIPATION THEREIN.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
8.2 You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that may arise from your use or misuse of this Site or any of the content contained therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Termination of Use
9.1 Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site, and reporting you to law enforcement authorities, if necessary.
9.2 No Right to Services Upon Termination. Upon termination and regardless of the reasons motivating such termination, your right to services and/or the Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
9.3 Voluntary Termination. Users may voluntarily terminate and cancel their registration by selecting the termination options available on the Site.
10. Miscellaneous Provisions
10.1 International Use. Although this Site may be accessible worldwide, the Site is intended for access within the United States; those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
10.2 Governing Law. This Site (excluding any third-party websites) is controlled by us from our offices in California, and the statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof. You specifically consent to exclusive personal jurisdiction in Los Angeles, California in connection with any dispute between you and the Company arising out of these Terms. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, shall be determined by the state or federal courts in Los Angeles County, California.
In any proceeding regarding the Site, Offerings, or the Terms, the prevailing party shall be entitled to receive from the other party its attorneys’ fees and costs incurred in connection with any proceeding and the enforcement of any award.
10.3 Notices. All notices to the Company shall be in writing and shall be sent to email@example.com. You agree to allow us to submit notices to you using the email address provided by you to the Site or directly provided to Dig It via e-mail. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
10.4 No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Site, or use of or access to this Site or services provided through this Site, beyond the limited rights granted to you under these Terms.
10.5 Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of marketing tools available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
10.6 Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.
10.7 No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Effective June 24, 2022