This website contains a body of knowledge from a community of designers seeking to improve the lives of children through offering advice on play that is affordable to communities with few resources. 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. Before constructing equipment using the designs on this website, you must make sure the equipment is safe and will be constructed in a way that complies with the product safety standards 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. If your country does not have any product safety standards relating to playground equipment we recommend that you construct equipment that complies with the Public Playground Safety Handbook prepared by the US, Consumer Product Safety Commission and the United States technical performance standards that relate to playgrounds. Links to these standards can be found on our website
Terms & Conditions
1. Definitions
General Conditions:
From The Ground UP Limited: A registered public company limited by guarantee. (ACN)152 504 400
PlaygroundIDEAS is provided by From The Ground UP limited and any reference to PlaygroundIDEAS in this document and on this website is a reference to From The Ground UP Ltd.
World Relief Australia: World Relief Australia Inc (ABN 71 714 394 942, ARBN 125 059 967) is the trustee of the World Relief Overseas Aid Fund (ABN 96 112 236 539). From The Ground UP (and thus PlaygroundIDEAS) Has Deductable Gift Recipient Status as a project of World Relief Australia.
Member: Users of the platform with a user name and password for the Playground Ideas website. These include, but are not restricted to, organisations, playground builders, playground project managers, volunteers, designers and fundraisers.
Platform: The combination of the Playground Ideas website, newsletters social network profile and back office.
Privacy Statement: The privacy statement of Playground Ideas as can be found on the Website.
Project and sites: 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 platform by the user once approved by an administrator.
Project Agreement: The agreement between Playground Ideas and the project leader on the basis of which Playground Ideas provides the project with a project page.
Project Budget: The total budget in USD that Playground Ideas and the Project manager of the project agree to be required to realise the Project.
Project Manager: The legal or private person that has signed these terms of use and is responsible for the project.
Design: A collection of text, pictures, 3D and step by step pictorial plans that are to be use in conjunction with each other.
Donor: Anyone who has donated to a project;
Project Page: The page on the Playground Ideas website on which information about the project is presented to the users of the website.
Volunteer: A user with a volunteer profile who wishes to volunteer on a project.
Intern: A user who commits to a 6-month placement to help with the work of Playground Ideas .
Play Specialist: An individual who’s work is heavily involved in play related topics such as university professors, researchers, writers, safety inspectors, policy makers, and so on.
2. Access
Access to and use of this site and any designs or ideas on the site is provided by and at the discretion of Playground Ideas (referred to in these Terms and Conditions as we orus) and is governed by these Terms & Conditions. From time to time, we may publish on this site directions or rules relating to the use of this site that are not included in these Terms & Conditions. By accessing this site (other than to read these Terms & Conditions for the first time), you agree to be bound by these Terms & Conditions and other directions or rules we may publish from time to time.
We reserve the right to change these Terms & Conditions at any time, notification of which will be published on this site. It is your responsibility to keep yourself informed of any changes to these Terms & Conditions or other directions or rules. If you access this site after changes have been published, you agree to be bound by all changes, whether or not you are aware of the changes.
The Terms & Conditions also govern goods and services advertised or promoted on this site by any person or association affiliated with Playground Ideas (an Affiliate). The identity of an Affiliate whose goods and services are advertised or promoted on this site will be published on this site.
3. Use of site
3.1 Resource Center section:
The Ideas section may include safety guidance and advice related to the planning, design, construction and use of playground equipment. Such guidance is general in nature and is not exhaustive. It is not intended that safety guidance available on this site will accurately or completely reflect all matters that may be relevant to playground safety or safety related laws, regulations or standards in your location. Links to general playground safety guidance can be found here: http://Playground Ideas .org/content/basic-page/basic-safety-guidelines . Links to the worlds most common safety Standards that may apply to your country can be found here: http://Playground Ideas .org/content/basic-page/playground-standards.
3.2 Design section:
The intended use of the designs available on this website is to provide ideas for the construction of playground equipment from local and recycled materials. They may, or may not, be suitable for your purposes. Further, specialised knowledge may be required to construct safe playground equipment based on these designs, such as 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 which might cause risk of injury to users. The use of local and recycled materials carries inherent risks. Before using recycled materials in playground construction you should consider the source and properties of the materials (strength, contaminants, 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.
• Although we have made every endeavour to make these designs as safe as possible the designs and equipment made based on this website do not conform to any standard, law or regulation and are a collection of designs from around the world. It is your responsibility to ensure that the playground equipment you construct complies with the relevant laws, regulations or standards in your location. See here: (http://Playground Ideas .org/content/basic-page/playground-standards).
• In locations where no standard applies please refer to our Safety Guidelines (http://Playground Ideas .org/content/basic-page/basic-safety-guidelines) which will lead you to the “US CPSC public playground safety handbook” and other high quality resources which we suggest you use as your guide.
• By clicking ‘I accept’ when downloading documents from this site you acknowledge and agree to the following terms and conditions: “Playground Ideas design’s are general in nature and intended to provide ideas for the construction of playground equipment from local and recycled materials. They may or may not be suitable for your purposes. The comcept 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. If you have no such knowledge or skill you should seek advice before attempting to construct any equipment based on this design. 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 which might cause risk of injury to users.
• 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, 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.
3.3 Projects section:
• Playground Ideas offers, in good will, the ability for any user to start a playground project and sites according to the acceptance of these terms and conditions.
• Users that choose to start a project agree to thoroughly research the general advice noted on this site and other sites 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.
• All projects and other materials uploaded to this site must be in accordance with these terms of use.
• Users are able to start a project page and multiple project site pages to add their projects information. The user understands that this 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 not be published.
• 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.
3.4 Volunteers profile:
• Playground Ideas does not screen or check for the suitability of persons who apply for volunteer positions. Volunteers have no contract or are in any way linked to Playground Ideas and Playground Ideas take no responsibility for the quality or reputation of any person who adds a Volunteer profile.
• Volunteers are required to inform the Project manager or Organisation of their background and experience so they can make an informed decision.
• No person convicted of any crime of violence or abuse of any kind to children is allowed to apply for a volunteer position.
• Playground Ideas offers a volunteer profile in good will to any user of the site. It is the project Manager and organizations complete responsibility to screen and decide on the appropriateness of any volunteer for their project based on their policies and needs.
3.5 Directory section:
• The directory section of the site is offered in goodwill to any organisation, company or individual whose work is involved in children’s play related topics.
• All directory listing must be according to this site’s terms of use or Playground Ideas reserves the right to block or remove content at their discretion.
3.5.1 Organisations
• Any registered Non-profit Organisation may start an organisation page to share information solely related to their playground work.
• Organisations using the site for any other purpose will be blocked from using the site.
3.5.2 Companies
• Companies can gain a free basic listing in the site or choose to pay for more detailed listings to advertise their company and support Playground Ideas.
3.5.3 Play Specialists
• Any Individual with information and experience to share on play related topics may start a play specialist profile.
4. Sharing of non-private information
By signing these terms of use, users understand that the information they publish that is open to the public may be used in newsletters, social media pages and other promotional material sent out to other users.
4.1 Materials and Posted content
• Playground Ideas may accept content from you or third parties for publishing on this site. Playground Ideas will have absolute control over whether content provided by you or any other person will be published and/or remain published on this site.
• Playground Ideas assumes no responsibility regarding the accuracy of our materials or posted content, and use of such materials is at your own risk. In consideration for your agreement to the terms and conditions contained here, Playground Ideas grants you a personal, non-exclusive, non-transferable license to access and use the site. You may download our materials and posted content from the site only for your own personal, non-commercial use in accordance with Playground Ideas ’s mission and purpose. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. If you wish to undertake any of these activities you must contact the website through the website’s contact page and receive permission for such activities in writing. The burden of determining that use of any information, software or any other content on the site is permissible rests with user. You further agree not to display or use any Playground Ideas or posted materials or other third party content located on the site in any publications, for any commercial purpose, in violation of laws (including trademark, copyright, and rights of publicity and privacy laws), in a manner that misuses Playground Ideas or posted materials, or in any other manner that disparages or discredits Playground Ideas and/or its licensors, that dilutes the strength of Playground Ideas ’s or its licensor’s property, or that otherwise infringes Playground Ideas ’s or its licensor’s intellectual property rights.
4.2 User code of conduct
• You understand that this 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 agree to use this site, and its communication tools in a manner consistent with the mission and purpose of Playground Ideas and in accordance with all applicable laws. Your submission of posted content and your use of interactive features is subject to these Terms, and the following guidelines. Users found in violation of these Terms may have their access to the site restricted by Playground Ideas.
• No Illegal, Infringing or Abusive Content or Conduct : You understand and acknowledge that you are responsible for your posted materials and any other materials or information you submit to Playground Ideas or post on this site, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, defamatory, racist, infringing, or otherwise objectionable or inappropriate. You further agree that you will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities. You also agree not to submit false or harassing reports or complaints to Playground Ideas about other users.
• No Violations of Third Party Rights : You agree that you will not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Playground Ideas , and will not access or attempt to access the account of a third party. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party. Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.
• No Commercial or Partisan Political Use : Because Playground Ideas is a nonprofit, tax-exempt organization, you agree that you will not use the site for organized partisan political activities. You understand that this site is not a commercial site, and agree that 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, directing readers to a location for more information about a product or service, or any other form of commercial solicitation.
• No Confidentiality: The nature of this site is interactive and public. By submitting posted materials or using any interactive features of this site, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, or other materials you transmit to Playground Ideas may be used by Playground Ideas anywhere, anytime, and for any reason whatsoever.
• No Viruses, Corrupting Files, or Interference : You agree that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the site, or features of the site.
• Although Playground Ideas does not routinely screen or monitor content posted by users to the site, Playground Ideas reserves the right to remove content which violates the above rules of which it becomes aware, but is under no obligation to do so. If you have questions/concerns about content you see posted in Playground Ideas forums, contact us through the contact form on the site.
• Take care when giving out personal information, such as your full name, e-mail address, street address, phone number or Playground Ideas account information in your profile or postings. Members should be aware that disclosure of such information raises safety concerns and may result in solicitations from third parties not authorized by Playground Ideas or 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.
4.3 General prohibitions
You must not, whether intentionally or not:
• Use this site, or any content on this site, in a manner; or
• Make available through this site any material,
which:
• encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
• restricts or inhibits any other user from using or enjoying this site;
• breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code; or
• breaches any applicable laws, regulations or standards for the construction or use of playground equipment.
4.3 Ownership of Posted Content and License Thereto
• After submitting Posted Materials, you continue to retain ownership rights in such Posted Materials, however by submitting the Posted Materials to this site, you agree to the following license terms as described below. You also agree that Playground Ideas may delete any Posted Materials that in the sole judgment of Playground Ideas violates these Terms, and Playground Ideas makes no representations or warranties that your Posted Materials will be included or available on the site.
• Scope of License: By displaying, publishing, or otherwise submitting any Posted Materials on or through the site, you hereby grant to Playground Ideas a limited, non-exclusive, sub-licensable, worldwide, fully-paid, perpetual, irrevocable, fully assignable, royalty free license to use, modify, publicly perform, publicly display, reproduce, adapt, publish, translate, edit, reformat, create derivative works from, and distribute such Posted Materials, throughout the world for any purpose and in any media whether now or hereafter created. You are also granting to Playground Ideas .org the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your Posted Materials, as well as the right to attribute your Posted Materials to you.
• Representations: You represent and warrant that you own the Posted Materials displayed, published or posted by you on the site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or submission of your Posted Materials does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Posted Materials displayed, published or posted by you to the site. Except for your Posted Materials, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Posted Materials appearing on this site.
• Cooperation in Event of Infringement Claim: You agree that, if a third party claims that your Posted Materials are unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although Playground Ideas does not monitor the content of the sites, Playground Ideas has the right to remove material from the site, block access, or take other action in its sole discretion, although Playground Ideas is under no obligation to do so.
4.4 Links to Other Sites
• Playground Ideas 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. Translation tool
This playground is designed to be read in English. You should not attempt to build equipment based on these designs if you are unable to read the guidance and advice on the Playground Ideas website which is provided only in English. The Google translation tool provided may help with basic translation and navigation of the site but the advice and resources may not be clear when translated into other languages so caution is to be exercised when using this tool. Playground Ideas shall not be liable for any loss or damage suffered due to the use of the google translate tool provided on this website.
6. Commercial use
For the avoidance of doubt, the content of this site must not be used for commercial purposes without the prior written consent of Playground Ideas.
7. Confidentiality
If you are required to provide a username and/or password in order to access or otherwise use any part of this site, you must keep that username and password confidential and not disclose them to anyone other than Playground Ideas.
8. Warranties, Liability and Indemnity
For the avoidance of doubt, the content of this site must not be used for commercial purposes without the prior written consent of Playground Ideas.
Warranties:
Playground Ideas does not warrant that:
• Playground equipment you construct based wholly or in part on the designs or other content on this site 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 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 this site is accurate, suitable for your purposes or complies with the required laws, regulations or standards in your location.
No advice given/no reliance to be placed on information.
The designs and safety information on this site are conceptual in nature and do not take into account your individual circumstances. The information on the site is indicative only and you should not rely on the information other than in an indicative way. This site does not provide the information required to construct safe playground equipment. To construct safe playground equipment based on these designs, you may require 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.
No liability
Playground Ideas and each other person involved in the preparation of information available on this site shall not be liable for any loss or damage suffered by any person however caused (including negligence or the omission of any person to do any thing), related in any way to this site/information on this site or arising in any way from this site, directly or indirectly from use of this site, or from use of, or by reliance on, the content on this site.
Indemnity
By accessing this site you agree to indemnify Playground Ideas against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal costs and fees on a full indemnity basis) incurred or suffered by Playground Ideas arising directly or indirectly from your use of this site, or from your use or reliance on any of the content on this site.
This indemnity extends to actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal costs and fees on a full indemnity basis) arising directly or indirectly from the use of, or reliance on this site, or the content of this site, by any other person who used, relied on, or obtained the content of this site, whether or not that person used, relied on, or obtained the content of this site by use of your account (with or without your knowledge) or from you directly or indirectly. This indemnity also extends to actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal costs and fees on a full indemnity basis) arising directly or indirectly from the use of playground equipment constructed in reliance on any of the content on this site.
Co-operation with authorities
Playground Ideas reserves the right to co-operate fully with any law enforcement authority in any jurisdiction, in respect of a lawful direction or request by a law enforcement authority to disclose the identity, or any other information about, or provided by, any person using this site.
Third party materials
Playground Ideas reserves the right to control the publication of content on this site. Reservation of this right does not mean that the content, or views, opinions or advice expressed within it, are endorsed by Playground Ideas .
Exclusion of implied warranties
To the maximum extent permitted by law, we exclude all conditions, representations, warranties or guarantees that otherwise would be implied in any transactions for the supply by us of information, products or services offered on this site (including warranties of satisfactory quality, merchantability and fitness for purpose).
Rights we cannot exclude, limit or disclaim
The disclaimers, liability limitations and indemnities in these Terms and Conditions do not exclude or limit any of your rights which by law may not be excluded or limited. However, liability in those cases will not extend to liability for consequential loss (for example lost wages, profits, or costs).
Applicable Law
• Victorian, Australia law applies
This site (excluding any linked, third party sites) is controlled by us from Australia.
Any disputes must be determined exclusively by the courts having jurisdiction in Victoria, Australia in accordance with laws in force in Victoria. You irrevocably and unconditionally submit to this jurisdiction.
Unenforceable Terms & Conditions
If any provision of the Term & Conditions is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms & Conditions.
Access to this site from outside of Australia
You must ensure that your access to and use of this website is in accordance with the laws applicable to you.
Your responsibilities under laws affecting you
You are responsible for ensuring that your use of this site is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).
No offers where illegality arises
Nothing on this site constitutes an offer to provide goods or services in any place if to do so would contravene the laws of that place.
9. Miscellaneous
• Both you and Playground Ideas acknowledge and agree that no partnership is formed and neither of you nor Playground Ideas has the power or the authority to obligate or bind the other.
• These Terms constitute a binding agreement between you and Playground Ideas and is accepted by you upon your use of the site. These Terms constitute the entire agreement between you and Playground Ideas regarding the use of the site.