Terms of Use

Terms of Use

Our website (https://www.GorillaPlaysets.com/, (“Website”) is operated by Backyard Kids, LLC (“Gorilla Playsets”).

These Terms of Use (“Terms of Use”) state the terms of use under which you may access or browse the Website and govern your use of the Website. By using the Website, you (“User” or “you” or “your”) agree to be bound by this Agreement, whether you are simply accessing or browsing the Website or you are purchasing products offered for sale on the Website (“Products”) as a registered customer. If you wish to access or browse this Website, shop for or purchase Products, please read this Agreement carefully. If you object to anything in this Agreement, the Gorilla Playsets Privacy Policy or any other policies referred to in this Agreement, you should leave and discontinue use of the Website immediately.

ACCEPTANCE OF TERMS AND CONDITIONS

1. Electronic Agreement/Modification. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your purchase of Products. By accessing the Website, ordering or purchasing Products and/or becoming a registered customer, you consent to have this Agreement provided to you in electronic form, accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. This Agreement includes Gorilla Playsets’ Privacy Policy and any notices regarding the Website. By accessing the Website and/or checking the “I have read and agree to Gorilla Playsets’ Terms of Use and Privacy Policy box,” you accept this Agreement and agree to the terms, conditions, policies and notices contained or referenced herein.
2. Modification. This Agreement, the Privacy Policy and any other policies referenced by this Agreement may be modified by Gorilla Playsets at its sole discretion from time to time, such modifications to be effective upon posting by Gorilla Playsets on the Website and your use of the Website after such posting will constitute acceptance by you of such changes. Please refer to this Agreement regularly. This Agreement was last updated on March 28, 2025.
3. Access and Retention. A link to this Agreement will be found on the Gorilla Playsets homepage. Please print a copy of this document for your records.

PRIVACY POLICY. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy, which is incorporated into this Agreement by reference.

MOBILE/SMS TERMS & CONDITIONS. Gorilla Playsets offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by SMS message. By participating in the Service, you are agreeing to these Mobile/SMS Terms and Conditions.

ELIGIBILITY. You must be at least eighteen (18) years of age to purchase Products, register with or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.

PAYMENT PROCESSOR. Gorilla Playsets utilizes a third-party payment processor to handle credit card and bank account transactions. Gorilla Playsets is not responsible for such transaction. No sensitive payment information (e.g. credit card numbers, bank account numbers, etc.) is sent to our servers. Therefore, the burden of PCI Compliance rests solely on the third-party. The processing of payments will be subject to the third-party’s terms, conditions, and privacy policies in addition to our policies. When you order Products, you authorize your chosen payment provider (your “Payment Method”) to be charged and agree to make payments using that selected Payment Method.

PRODUCT DESCRIPTIONS. All descriptions of products and product pricing on our Website are subject to change at any time without notice and at the sole discretion of Gorilla Playsets. The technology you are using to view our Website may impact the accuracy of the display of any images of products offered on our Website. Gorilla Playsets does not warrant that the description of any product or any other content on our Website is accurate, complete, reliable, current, or error-free.

PRODUCT ORDERS, SHIPPING AND RETURNS. Please click here for more information about our guarantee and return policies.

PRODUCT PRICING. Gorilla Playsets reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of order confirmation or shipping notice. Unless expressly stated otherwise in writing, any sale of any product on our Website is intended for end-user customers only and the resale or export of any such product is prohibited. Pricing for Gorilla Playsets products described or advertised on other sites and retail stores may differ from prices on our Website. Gorilla Playsets does not match prices.

PRODUCT USE & CARE. Please click here for more information about our product use and care guidance.

ELECTRONIC COMMUNICATIONS.When you visit the Website, sign up for newsletters or send e-mails to Gorilla Playsets, you are communicating electronically. You consent to receive communications from Gorilla Playsets electronically. Gorilla Playsets will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by registering with Gorilla Playsets, you consent to receive newsletters, emails, promotions, social media communications and other advertisements from Gorilla Playsets or its partners.

You may opt-out of receiving promotional newsletters or emails from Gorilla Playsets upon signing up

PASSWORD/ACCOUNT SETTINGS. When you sign up to become a registered customer, you will also be asked to choose a password for purposes of accessing the Website and purchasing Products. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Website using your password. You agree to immediately notify Gorilla Playsets of any unauthorized use of your username or password or any other breach of security. Gorilla Playsets will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password shall be void.

License. Gorilla Playsets grants you a limited license to access and make personal use of the Website. Gorilla Playsets does not allow you to download (other than page caching) or modify the Website, or any portion of it, without the express written consent of Gorilla Playsets. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, spiders, robots, or similar data gathering and extraction tools, as such activities are strictly prohibited. The Content (as defined below) of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other non-commercial users of the Website who have a user ID and password.

NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Website, you warrant to Gorilla Playsets that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You may not: (a) modify or create any derivative work based on the Content (as defined below) or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Website or the software, in whole or in part, except as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. Gorilla Playsets reserves all rights not expressly granted herein.

 

 

 TERMINATION OF USE. You agree that Gorilla Playsets may, in its sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating our relationship with you and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefor, your right to use the Website immediately ceases, and you acknowledge and agree that Gorilla Playsets may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the Website. Gorilla Playsets will not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection with such termination or suspension.

INTELLECTUAL PROPERTY. Our Website and all content (except the Gorilla Playsets Trademarks, defined below) are the property of Gorilla Playsets or its licensors (“Gorilla Playsets Property”). Gorilla Playsets gives you a limited, nonexclusive, revocable, non-assignable, non-sublicensable, non-transferrable, license to use the Gorilla Playsets Property for your own personal use. Any other use of the Gorilla Playsets property is prohibited. You are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the Gorilla Playsets Property for any purposes. All trademarks, logos, service marks and trade names of Gorilla Playsets are the property of Gorilla Playsets (“Gorilla Playsets Trademarks”). Any use of the Gorilla Playsets Trademarks without Gorilla Playsets’ pre-approval in writing is prohibited.

If the functionality is available on our Website, you may submit reviews, suggestions, comments, questions, or other information, as long as your submission complies with these Terms of Use and does not contain any commercial solicitation, mass mailing, or other form of “spam.” If you chose to submit any such submission, you hereby grant Gorilla Playsets a nonexclusive, royalty-free, perpetual, irrevocable, assignable, transferrable, sublicensable, right to use, copy, reproduce, modify, distribute, display, perform, and create derivate works of such submission worldwide in any form and on any media.

METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE. Gorilla Playsets expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Gorilla Playsets trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of Gorilla Playsets is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or required in writing by Gorilla Playsets.

NOTICE OF COPYRIGHT INFRINGEMENT. If you believe that any of your work has been copied and is accessible on our Website in a manner that constitutes copyright infringement, please provide our copyright agent in writing with: (i) a description of the copyrighted work claimed to have been infringed; (ii) a description of the allegedly infringing material on our Website that you are requesting be removed; (iii) your name, telephone number, and email address; (iv) a statement that you have a good faith belief that use of the copyrighted work is not authorized by you or by law; (v) a statement that the information you are providing is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; and (vi) an electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and submit the statement. Allegations of infringement that include all of the information set forth above must be submitted by post or electronic mail to our copyright agent at 166 Etowah Industrial Ct. Canton, GA 30114, support@gorillaplaysets.com.

SPAM EMAIL AND POSTINGS. You agree that Gorilla Playsets would be irreparably harmed by the use, by you or others, of the Website or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of the terms of use as provided herein, and that Gorilla Playsets is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Gorilla Playsets reserves the right to block, filter or delete unsolicited email.

WEBSITE CONTENT. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. Gorilla Playsets reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Gorilla Playsets apologizes for any inconvenience this may cause you.

LINKS TO THIRD PARTY SITES. Gorilla Playsets may provide, or third parties may provide, links to other third-party sites or resources. Any links to such websites are provided for your convenience only, and Gorilla Playsets makes no recommendation or endorsement as to such websites or the products or services offered thereon. Because Gorilla Playsets has no control over such sites and resources, you acknowledge and agree that Gorilla Playsets is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Gorilla Playsets 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 the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We do not control the privacy policies or practices of these websites. You should review those policies before providing any personal information. Gorilla Playsets is not responsible for the content or practices of any linked websites and provides these links solely for navigation convenience to visitors.

WARRANTY LIMITATION. Except for those warranties expressly provided herein, you hereby acknowledge and agree that Gorilla Playsets (including officers, employees, agents, directors, AFFILIATES, SUBSIDIARIES and independent contractors of Gorilla Playsets) has not made any other warranties, express or implied, concerning the Website or the Products OR THE INFORMATION PROVIDED THROUGH THIS WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GORILLA PLAYSETS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GORILLA PLAYSETS DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any warranties regarding completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. WITHOUT LIMITING THE FOREGOING, GORILLA PLAYSETS hereby makes no representation nor any warranties of any kind in connection WITH the information provided herein, that products will meet your requirements, OR THE QUALITY OF ANY PRODUCTS. Any reliance you place on such information is therefore strictly at your own risk.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCU­RACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE Products OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH Products OR SERVICES. THE FACT THAT GORILLA PLAYSETS IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE ON THE WEBSITE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF THE PRODUCT OR SERVICE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF LIABILITY.   IN NO EVENT SHALL GORILLA PLAYSETS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF GORILLA PLAYSETS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT GORILLA PLAYSETS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.

GORILLA PLAYSETS MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.

Notwithstanding anything to the contrary contained herein, Gorilla Playsets' liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Gorilla Playsets for the PRODUCTS.

INDEMNIFICATION. You agree to indemnify and hold Gorilla Playsets, its subsidiaries, affiliates, officers, directors, agents, and other partners and employees, harmless from any loss, liability, damages, claim, actions, or demand, including reasonable attorney's fees, made by any third party due to or arising out of (1) your use of the Website in violation of this Agreement and/or (2) any use of this Website.

FORCE MAJEURE. Gorilla Playsets shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of Gorilla Playsets. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, pandemics, epidemics, computer failure, hardware failure, telecommunications failure, software failure, cyber-attacks, cyber-hacks, cyber-crimes, or cyber-disruptions, failure of users to cooperate with the reasonable requests of Gorilla Playsets, breach of this Agreement by users, and any other events reasonably beyond the control of Gorilla Playsets.

ENTIRE AGREEMENT. This Agreement contains the entire agreement between you and Gorilla Playsets regarding the use of the Website. The Privacy Policy Statement (as modified by Gorilla Playsets from time to time) is incorporated herein by this reference and made a part of this Agreement.

ASSIGNMENT. You may not assign your rights and obligations under this Agreement to any third party, and any purported attempt to do so will be null and void. Gorilla Playsets may freely assign its rights and obligations under this Agreement.

RELATIONSHIP. By using the Website or purchasing Products, the only relationship created is that of a buyer and a seller. No other legal relationship exists or is implied.

SEVERABILITY. If any part of this Website is held invalid or unenforceable, that portion will 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 will remain in full force and effect.

WAIVER. Any failure by Gorilla Playsets to enforce or exercise any provision of this Website or related rights will not constitute a waiver of that right or provision.

CAPTIONS. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit, or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.

 

LIMITATION OF LIABILITY. IN NO EVENT WILL GORILLA PLAYSETS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OR THIRD-PARTY PROVIDERS BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO OUR WEBSITE, YOUR USE OF OUR WEBSITE, YOUR ACCESS OR INABILITY TO ACCESS OUR WEBSITE, OR ANY PRODUCT PURCHASED ON OUR WEBSITE, EVEN IF GORILLA PLAYSETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN NO EVENT WILL GORILLA PLAYSETS’TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR ANY CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR ANY OTHER BASIS EXCEED FIFTY DOLLARS ($50.00).

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, GORILLA PLAYSETS’LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Arbitration and Class Action Waiver. Binding Individual Arbitration. If you and Gorilla Playsets have a dispute that cannot be resolved through negotiation within the time frame described below, other than those matters listed in the “Exclusions From Arbitration” subsection, you and Gorilla Playsets agree to seek resolution of the dispute through binding arbitration of that dispute in accordance with the terms of this paragraph. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Gorilla Playsets will pay all filing, American Arbitration Association, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of Gorilla Playsets’ last written settlement offer made before an arbitrator was selected (or if Gorilla Playsets did not make a settlement offer before an arbitrator was selected), then Gorilla Playsets will pay you the amount of the award or $7,500 U.S. Dollars, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs)that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. Gorilla Playsets waives any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and Gorilla Playsets.

Exclusions from Arbitration. YOU AND GORILLA PLAYSETS AGREE THAT ANY CLAIM FILED BY YOU OR BY GORILLA PLAYSETS IN SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THESE TERMS OF USE. Notice of Dispute and Arbitration. IF YOU HAVE A DISPUTE WITH GORILLA PLAYSETS, YOU MUST SEND WRITTEN NOTICE TO: Backyard Kids, LLC OFFICE OF GENERAL COUNSEL, 166 Etowah Industrial Ct., Canton, GA 30114, TO GIVE YOU AND GORILLA PLAYSETS THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to good faith negotiations to resolve a dispute for no less than sixty (60) days after your notice of dispute. Upon the conclusion of such sixty (60) day period, either party may pursue arbitration with the American Arbitration Association(“AAA”) pursuant to its rules. Arbitration rules and forms may be obtained from AAA at http://www.adr.org.

Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND GORILLA PLAYSETS SPECIFICALLY AGREE IN WRITING TO DO SO, FOLLOWING INITIATION OF THE ARBITRATION.

Location of Arbitration. Arbitration may take place at any place within the United States that is reasonably convenient for you. For claims of $10,000 or less, you may choose whether the arbitration proceeds in person, by telephone, or based only on submissions.

Severability. IF THE “CLASS ACTION WAIVER” CLAUSE IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THIS ENTIRE ARBITRATION AND CLASS ACTION WAIVER SECTION WILL BE UNENFORCEABLE, AND THE DISPUTE WILL BE DECIDED BY A COURT LOCATED IN ATLANTA, GEORGIA AND YOU AND GORILLA PLAYSETS EACH AGREE TO WAIVE IN THAT INSTANCE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.

Content Use Agreement. You agree to grant Gorilla Playsets use of your image, video or other content by replying to our Instagram or Twitter post with #GorillaPlaysetsKids or #Agree. You represent and warrant that you own all content or have been granted a license to use the content and that no third-party claim for ownership exists. You grant Gorilla Playsets a non-exclusive, non-revocable and perpetual commercial right to reproduce the content in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation. Use of your content may include being used alone or in conjunction with sketches, cartoons, captions, films, artwork, textural matter or other photographs. While Gorilla Playsets will make commercially reasonable efforts to give you credit for your content and provide a link back to your Facebook, Instagram or Twitter account when applicable, you agree that such credit is not mandatory and our use of your content is not contingent upon such credit being given.

You waive any right to inspect and/or approve the finished work incorporating the content or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties with regards to your content or our finished work.

Last, you agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this Terms of Use shall remain in full force and effect.

If you don’t agree to these terms, we completely understand and no further action is required. Thanks again and please email us at support@gorillaplaysets.com if you have any questions.

Termination. Gorilla Playsets may, in its sole discretion, terminate these Terms of Use, your access to our Website and/or your account with or without notice and with or without cause. This Section, the Intellectual Property, Limitation of Liability, Disclaimer of Warranties, Indemnity, Arbitration and Class Action Waiver, and Miscellaneous Sections will survive any termination of these Terms of Use.Miscellaneous. These Terms of Use are governed by and will be construed in accordance with the laws of the State of Georgia, excluding its conflict of law rules. These Terms of Use constitute the entire agreement between Gorilla Playsets and you with respect to your use of our Website. If any portion of these Terms of Use is held invalid, the remaining portions will remain in full force and effect. These Terms of Use may be only modified by (i)Gorilla Playsets posting a revised version to our Website, or (ii) in writing by an authorized Gorilla Playsets representative. Gorilla Playsets’failure to enforce any portion of these Terms of Use will not in any way waive Gorilla Playsets’rights to subsequently enforce these Terms of Use.

Notices/Contact Gorilla Playsets. Gorilla Playsets may contact you by posting a message to our Website or via any information you submit to Gorilla Playsets in registering for your account. Any notices sent to Gorilla Playsets must be by post to Gorilla Playsets attention: Customer Service at 166 Etowah Industrial Ct. Canton, GA 30114 or via email to support@gorillaplaysets.com.