This Terms of Service Agreement ("agreement") or Terms and Conditions agreement governs your use of Summer Camp Live Services.
1.1 Welcome to the Summer Camp Live website, the Summer Camp Live Application and any other website owned by Summer Camp Live, LLC (collectively, "Summer Camp Live," the "Services," "Service," "Sites," "Site," "Software" or "associated Sites").
1.2 Summer Camp Live is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Summer Camp Live Services constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
1.3 Summer Camp Live and Associated Services offers a solution that enables virtual interaction between camps, programs and parents, campers or interested parties at the Virtual Camp Fair.
2.1 You must register with Summer Camp Live ("Summer Camp Live Account," or "Account") in order to use Summer Camp Live's Services or Sites. You are required to provide accurate and complete information to Summer Camp Live in order for an account to be created. If the accuracy of the information cannot be verified, we may prohibit or limit your use of Summer Camp Live's Services or terminate your account.
2.2 With regard to businesses or other entities, you are permitted to subscribe for Summer Camp Live's Services only if you have the authority to enter this agreement on behalf of the business or entity. By accepting the terms of this Agreement, you are agreeing on behalf of the business.
2.3 You may not access any of our paid subscription services without our prior written consent if you are our direct competitor, offer online directory services (with the exception of Camp Associations) or offer an online camp fair. In addition, you may not access any of our services for purposes of monitoring their availability, performance, and functionality or for any other bench marking or competitive purposes.
Registering on Summer Camp Live's Sites, registering for our Services or sending emails to Summer Camp Live constitutes electronic communications. By registering for our Services you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Service or Services, satisfy any legal requirement that such communications be in writing.
5.1 If you use these Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Summer Camp Live is not responsible for third party access to your account that results from theft or misappropriation of your account. Summer Camp Live and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at any time in our sole discretion.
5.2 Summer Camp Live does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, you may NOT use the Service.
6.1 You are granted a non-exclusive, non-transferable, revocable license to access and use www.summercamplive.com and associated Services in accordance with this Agreement. As a condition of your use of the Services, you warrant to Summer Camp Live that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services.
6.2 You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. In addition, Summer Camp Live has the right to take geo location data to ensure that the Services are being used in accordance with these Terms of Service.
6.3 All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used as part of the Services, is the property of Summer Camp Live or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
6.4 You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found within the Services. Summer Camp Live content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Summer Camp Live and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Summer Camp Live or our licensors except as expressly authorized by these Terms.
7.1 The Services may contain bulletin board services, emails, chat areas, news groups, forums, communities, personal or business web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Summer Camp Live and/or the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
7.2 By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or Services; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, and cannot be legally distributed in such manner; falsify, manipulate, or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
7.3 Summer Camp Live has no obligation to monitor the Communication Services. However, Summer Camp Live reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Summer Camp Live reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
7.4 Summer Camp Live reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Summer Camp Live's sole discretion.
7.5 Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Summer Camp Live does not control or endorse the content, messages or information found in any Communication Service and, therefore, Summer Camp Live specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, hosts, and Communication Service participants are not authorized Summer Camp Live spokespersons, and their views do not necessarily reflect those of Summer Camp Live.
7.6 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
8.1 Summer Camp Live does not claim ownership of the materials you provide to www.summercamplive.com (including feedback and suggestions) or post, upload, input or submit to any Summer Camp Live Service or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Summer Camp Live, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses.
8.2 By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
10.1 You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
10.2 You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Summer Camp Live's express written consent.
10.3 You must not use this website to transmit or send unsolicited commercial communications.
The Service is controlled, operated and administered by Summer Camp Live from our offices within the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Summer Camp Live Content accessed through www.summercamplive.com or associated Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
12.1 Subscription Period means the entire period that you have contracted to use Summer Camp Live's Services regardless if they have been paid for. The subscription period is the period that appears on your invoice.
12.2 If you are a paid subscriber of our Services and we have not received payment for renewal, your account will remain active for 10 calendar days after your subscription period has ended. If after 10 calendar days we have not received payment on your renewal, your account will be converted to our Basic listing.
12.4 Prices of all future Services and future renewals are subject to change. Such notice may be provided in any manner, at any time via email, mail, or by posting in the Summer Camp Live website (www.summercamplive.com). In the event there is a modification to the price on your renewal, you will be notified at least 30 days prior to your renewal.
12.5 We shall make the Purchased Services available to you pursuant to this agreement. You agree that your purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features.
13.1 Summer Camp Live reserves the right to modify this subscription agreement for all future renewal periods.
13.2 Prices of all future Services and future renewals are subject to change. Such notice may be provided in any manner, at any time via email, mail, or by posting in the Summer Camp Live website (www.summercamplive.com). In the event there is a modification to the price on your renewal, you will be notified at least 30 days prior to your renewal.
14.1 Purchased Services are the subscription services that you or your affiliates purchase or subscribe to and that are detailed in an invoice issued by Summer Camp Live.
14.2 We shall make the Purchased Services available to you pursuant to this agreement. You agree that your purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features.
15.1 We shall (i) provide basic support for all purchased services to you at no additional charge during regular business hours, (ii) use commercially reasonable efforts to make the purchased services available 24 hours a day except during (a) planned downtime (of which we shall give at least 6 hours notice via email, (b) during exclusive events held by Summer Camp Live and (c) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), Internet service provider failures or delays, or denial of service attacks, and (iii) provide the purchased services only in accordance with applicable laws and government regulations.
15.2 Regarding exclusive events held by Summer Camp Live, we reserve the right to (a) make the Virtual Camp Fair available exclusively to any third party during which only the content from that third party may be exhibited, including all virtual booths and no other content may be available to attendees except that which we deem applicable during that specific event (b) host a Virtual Fair with a particular theme or tailored for a specific industry, during which only content, including virtual booths, related to that theme or industry will be exhibited and (c) modify or change the lobby image of the Virtual Fair, modify, change or remove any the sections of the Virtual Fair at any time under our discretion to accommodate such events.
15.3 We reserve the right to hold these types of events per year for a maximum period not to exceed 30 days per year or three (3) days per event. We will notify all camps participating in the Virtual Camp Fair with a minimum of 15 calendar days in advance when such an event will take place.
15.4 You shall (i) be responsible for users' compliance with this agreement, (ii) be responsible for the accuracy, quality and legality of your Data and of the means by which you acquired your data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of all services, and notify us promptly of any such unauthorized access or use, and (iv) use the services only in accordance with all applicable laws and government regulations. You shall not (a) make the services available to anyone other than you, (b) sell, resell, rent or lease the services, (c) use the services to store or transmit infringing, libelous, or otherwise unlawful material, or to store or transmit material in violation of third-party privacy rights, (d) use the services to store or transmit malicious code, (e) interfere with or disrupt the integrity or performance of the services or third-party data contained therein, or (f) attempt to gain unauthorized access to the services or their related systems or networks.
Unless otherwise stated, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "taxes"). You are responsible for paying all taxes associated with your purchases hereunder. If we have the legal obligation to pay or collect taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for taxes assessable against it based on our income, property and employees.
You agree to indemnify, defend and hold harmless Summer Camp Live, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Sites or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Summer Camp Live reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Summer Camp Live in asserting any available defenses.
18.1 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SUMMER CAMP LIVE, LLC. THIS SERVICE IS OFFERED, "AS IS." AND/OR ITS PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE OR SERVICES AT ANY TIME.
18.2 SUMMER CAMP LIVE, LLC. AND/OR ITS PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, EQUATIONS, AND RELATED GRAPHICS CONTAINED ON THE SITE OR SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, EQUATIONS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SUMMER CAMP LIVE, LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, EQUATIONS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
19.1 This Agreement shall be governed by, and construed in accordance with, the laws of the United States and the State of Florida (without giving effect to conflicts of law principles thereof). Any litigation arising out of or relating to this Agreement will be brought in the federal and state courts located in Alachua County, Florida, and the parties hereby consent to the personal jurisdiction and venue therein.
19.2 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Summer Camp Live as a result of this agreement or use of the Services. Summer Camp Live's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Summer Camp Live's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Summer Camp Live with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
19.3 Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Summer Camp Live with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Summer Camp Live with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Summer Camp Live reserves the right, in its sole discretion, to change the Terms under which http://www.summercamplive.com/terms-and-conditions.html is offered. The most current version of the Terms will supersede all previous versions. Summer Camp Live encourages you to periodically review the Terms to stay informed of our updates.
21.1 Technical support is only available to paying camps via email or other official methods of communication from Summer Camp Live.
21.2 You understand that Summer Camp Live may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
21.3 You are not permitted to change, modify, adapt, or hack the Service.
21.4 You may not sell, license, or distribute copies of the Services or as part of any collection, product, or service where the primary value of the product or service is the Software.
21.5 Summer Camp Live has the sole discretion to remove any content that we determine to be unlawful, offensive, threatening, libelous, or violates these terms of service.
21.6 You may not use Summer Camp Live to upload, post, transmit, unsolicited emails, SMS, or "spam" messages.
21.7 You may not use Summer Camp Live to transmit any software or viruses that are harmful to others computers.
21.8 If you significantly exceed the average bandwidth usage (as solely determined by Summer Camp Live) of other Summer Camp Live users, we reserve the right to disable your account and throttle bandwidth.
21.9 The failure of Summer Camp Live to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement. This Agreement expresses the entire understanding of the parties and supersedes all prior and contemporaneous agreements and undertakings of the parties with respect to the subject matter hereof. In the event any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision of this Agreement, and that provision will be replaced by an enforceable provision that most closely meets the commercial interest of the parties, or if not possible, the other provisions of the Agreement will remain in full force and effect as if such unenforceable provision were not a part hereof.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUMMER CAMP LIVE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS TERMS OF SERVICE AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LICENSOR OR ANY SUPPLIER, AND EVEN IF SUMMER CAMP LIVE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23.1 You are contracting with: Summer Camp Live, L.L.C, a Florida Limited Liability Company. The governing law is: Florida and controlling United States federal law. Notices should be addressed to:
Summer Camp Live
8724 Sunset Drive #317
Miami, Florida 33173-3512
23.2 Except as otherwise specified in this agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Billing-related notices to you shall be addressed to the relevant billing contact designated by you.
23.3 Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
23.4 Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this agreement.
23.5 The parties are independent contractors. This agreement does not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship between the parties.
23.6 There are no third-party beneficiaries to this agreement.
23.7 No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.
Summer Camp Live welcomes your questions or comments regarding these Terms:
Summer Camp Live, LLC.
Email Address: email@example.com
Effective as of January 1, 2015