TERMS OF SERVICE
Welcome! Please read these Terms of Service (the “Agreement”) carefully, as they contain the legal terms and conditions that govern your use and access of the site, and our related mobile applications (“Camp Connect” or the “Service”). This Agreement governs your use of Camp Connect and constitutes a legally-binding agreement between each user (“you”, “your”) and Camp Connect, Inc. (“we”, “us”, or “our”). If you have any questions about this Agreement please contact us send us a note at email@example.com.
Camp Connect is an online platform that enables parents or guardians to view pictures and videos of their kids while they are at camp. Everything below this section constitutes a legally binding contract and we encourage you to read it. These are the main points, in plain English:
At all times, you must provide us with fully accurate information related to you, your account, or a camper associated with your account.
Camp Connect uses various third party services, such as Facebook, and we are not responsible for your use of these third party services.
You cannot use Camp Connect to commit any wrongful or unlawful acts in any jurisdiction and are not permitted to disrupt or attempt to disrupt our Service.
We are granting you a limited right to use Camp Connect and your failure to comply with these terms, may result in, but is not limited to, the termination of your account.
Camp Connect is provided “as is” and we make no representations or warranties about the Service. In the event of a dispute, we (as well as our employees and related affiliates) will have limited liability and the dispute will be decided by a neutral third party in an arbitration. By using the service, you are waiving your right to join a class action and your right to a jury trial.
ACCEPTANCE OF THIS AGREEMENT
When you setup your user account, you must provide us with an email address and a password. By creating an account you affirm that you are: (i) 18 years of age or older; (ii) fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement; and (iii) fully able and competent to abide by and comply with this Agreement. In addition, you affirm that you have not been previously suspended or removed from the Service. You also warrant that: (i) the information you provide to us is accurate and complete; (ii) you will keep your password secure; and (iii) you will notify us of any suspected breach of security or unauthorized use of your account. You cannot transfer your Camp Connect account.
The design, layout, and source code of the site are owned by us and are protected by copyright, trademark, or other laws. You acknowledge and agree that nothing in this Agreement provides you with any rights or ownership in our copyrights or trademark (“IP Rights”). The IP Rights are our exclusive property and this Agreement does not transfer any IP Rights to you, or vest any IP Rights in you.
Subject to the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license to use the Service during the period for which we provide you access. Without limiting the foregoing, you agree not to (and agree not to allow any third party to):
Sublicense, distribute, or use the Service outside the scope of the license granted in this Agreement;
Copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Service or otherwise attempt to discover any source code or trade secrets related to the Service;
Rent, lease, sell, assign, or otherwise transfer rights in or to the Service;
Use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Service;
Unless otherwise agreed, use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features or exploit any copyright or other proprietary rights associated with the Service, including screenshots and transcripts, in any way, unless we provide our express written consent;
Register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names, and other distinctive brand features, copyright or other proprietary rights associated with Camp Connect or the Service; or
Remove, obscure, or alter any notice of copyright, trademark, or other proprietary rights appearing in or on any item included with the Service.
Any use of the Service other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate your license to use Camp Connect granted in this Agreement.
GRANT OF LICENSED TO USE PHOTOS
By using the Service, you grant Camp Connect the non-exclusive, non-sublicensable, perpetual, worldwide license to nonexclusive, worldwide, royalty-free, and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, stream, and display any photo of your camper for promotional, marketing or advertising purposes related to Camp Connect. We will do our best to notify you of our intention to use a photo of your camper. And, if you have any problem with such use, please feel free to contact us at firstname.lastname@example.org.
We enable users to share photos of campers. When sharing a photo, you understand that Camp Connect acts as a passive conduit for, and does not control, or attempt to control, any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you, or any other user of Camp Connect, uploads, posts or transmits to or through Camp Connect (the "User Content"). We may, but are not obligated to, monitor or review the User Content and retain the right to delete any User Content at any time. You acknowledge and agree that you are solely responsible for any User Content that you upload, post, or transmit to or through Camp Connect, including, but not limited to, its legality, reliability, accuracy, integrity, appropriateness and originality. In no event shall we have any liability related to the User Content, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
You represent and warrant that you will not upload, post or otherwise transmit any User Content to or through Camp Connect that: (i) infringes, misappropriates, or otherwise violates any copyright, trademark or other intellectual property right, right of privacy, right of publicity or any other right of any entity or person; (ii) is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (iii) could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or Camp Connect rule or policy.
Camp Connect is provided only for your own personal use. You are responsible for all of your activity in connection with the Service. As a condition to of your use of the Service, you agree to comply with all United States and foreign laws. In addition to the other restrictions outlined in this Agreement, you agree:
Not to take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large burden or load on Camp Connect’s infrastructure;
Not to interfere or attempt to interfere with the proper working of Camp Connect or any activity conducted using the Service;
Not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code onto the Service that are designed or intended to: (i) disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment; or (ii) damage or obtain unauthorized access to any system, data, password, or other information of Camp Connect;
Not to impersonate any person or entity, including any of our employees or representatives;
Not to circumvent any security-related features of the Service, including those designed to limit copying or reproduction;
Not to bypass any measures we may use to prevent or restrict access to Camp Connect (or other accounts, computer systems, or networks connected to the Service);
Not to use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website;
Not to directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Camp Connect, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of Camp Connect; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
Not to violate any applicable local, state, national, and international laws or regulations; and
Not to use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates this Agreement.
RIGHT TO TERMINATE ACCOUNT
Our Right to Terminate Account
We may terminate your account or otherwise prevent you from using the Service in our sole discretion, with or without cause, at any time and without notice, and without any liability to you for doing so.
If we terminate your account, or block your IP address, you must immediately stop using the Service and you agree not to attempt to regain access to the Service without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. We reserve the right to block access to the Service to anyone for any reason at any time. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
User’s Right to Terminate Account
If you wish to terminate your account with Camp Connect, please contact us at email@example.com. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
We may utilize links and other tools to connect users to third-party services and websites (“Third-Party Services”), such as Facebook. We have no control over the content and policies of these Third-Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies. Users who access or use a Third-Party Service through Camp Connect are solely responsible for complying with the terms and policies of those third parties.
In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third-party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service.
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.
OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “CAMP CONNECT PARTIES”) DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR THAT DEFECTS WITH THE SITE WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY THIRD-PARTY SOFTWARE ON THE SITE IS AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION ON LIABILITY
IN NO EVENT SHALL THE CAMP CONNECT PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE LIABILITY OF THE CAMP CONNECT PARTIES IN ANY CIRCUMSTANCE EXCEED THE LESSER OF THE ACTUAL AMOUNT OF DIRECT DAMAGES ATTRIBUTABLE TO THE SERVICES DURING THE TERM OF THIS AGREEMENT OR $100.00, WHICHEVER IS LESS.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Camp Connect Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; or (iii) your violation of any law, rule or regulation, or the rights of any third party.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing Camp Connect in an unauthorized manner. You acknowledge that under this Agreement by using the Service you are deemed to have received any and all notices that would have been delivered had you accessed Camp Connect in an authorized manner.
This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. If you are a Camp, you acknowledge that the terms and provisions of your Services Agreement, or any other similarly titled agreement, shall control in the event of a conflict and any conflict shall be resolved in favor of the express terms and provisions of the Services Agreement. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
ARBITRATION & WAIVER OF CLASS ACTION
You agree to arbitrate any dispute with us arising from this Agreement or your use of the Service on an individual basis. That means that you cannot sue us in court or have a trial by jury. You and the owners of Camp Connect, Camp-Connect, LLC, further agree that: (i) any arbitration will occur in New York, NY; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery.
At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND CAMP-CONNECT, LLC. WILL NOT COMMENCE AGAINST THE OTHER, A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
This Agreement shall be governed by the laws of the State of New York, without giving any effect to any conflict of law principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
We will not be held liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
NOTE TO INTERNATIONAL USERS
Camp Connect is hosted in the United States. If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Service, which is governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
QUESTIONS AND COMMENTS
We welcome comments, questions, concerns, or suggestions. Please contact us at:
EFFECTIVE DATE: June 15, 2015