IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE CLICK ON THE BOX ON THE DOWNLOAD PAGE LABELED "I ACCEPT," AT WHICH TIME THE APPLICATION WILL BE DOWNLOADED TO YOUR PHONE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE CLICK ON THE BOX ON THIS PAGE LABELED "I DO NOT ACCEPT," AND THE APPLICATION WILL DOWNLOAD.
The Application that you are about to access was developed by My Camp Link LLC, a limited liability company, Inwood, New York, db@ MyCampLink.com ("MyCampLink") to enable member youth and summer camps and related organizations the ability to post information about their camp for viewing only by parties who have the camp's unique access code. The App has additional features allowing the camp to tailor its communications with App users ranging from all user, to one-on-one messaging, and much more.
Based on the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you and MyCampLink agree as follows:.
NATURE OF AGREEMENT. This Agreement is a legal contract made between you and MyCampLink. This Agreement contains the terms and conditions that you must comply with if you wish to access and use the Application.
LICENSE GRANT. MyCampLink hereby grants to you a nonexclusive, nonassignable, nonsublicensable license, for your internal use only, for the term of this Agreement, to access and use the Application and any user's guides, specifications, and other related documentation available online (the "Documentation"), subject to the terms and conditions of this Agreement.
OWNERSHIP OF APPLICATION. MyCampLink retains all rights to the Application and the Documentation not specifically granted in this Agreement. MyCampLink owns the Application and the Documentation and all copyright and other intellectual property rights therein, and this Agreement does not transfer to you any title to or any proprietary or intellectual property rights in or to the Application, any updates or derivative works thereto, or the Documentation, or any copyrights, patent rights, or trademarks embodied or used in connection therewith, except for the rights expressly granted in this Agreement. The Application and the Documentation are protected by United States laws and international treaty provisions.
YOU MAY NOT USE, COPY, OR MODIFY THE APPLICATION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
RESTRICTIONS. To the maximum extent permitted by law, you shall not (a) modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Application access to any third party; (c) make any copy of or otherwise reproduce the Application (or any of the screens comprising the Application user interface) except for those copies necessarily made by the phone and Internet browser that are running the Application; or (4) disclose your User ID or Password to any third party.
You agree to take all reasonable steps to safeguard your User ID and Password for the Application so as to ensure that no unauthorized person will have access to it, and that no persons authorized to have access will make any unauthorized use. You shall promptly report to MyCampLink any unauthorized use of the Application of which you become aware and shall take such further steps as may reasonably be requested by MyCampLink to prevent unauthorized use thereof.
TERM AND TERMINATION. The license granted in this Agreement is effective until terminated. The term of this Agreement and the license grant herein shall commence on the date you agree to this Agreement and download the Application. MyCampLink may terminate this license on your failure to comply with any of the terms of this Agreement. Notwithstanding termination, the provisions of sections relating to MyCampLink's ownership of Application, termination, warranty disclaimers, and forum/venue of this Agreement shall survive and continue to apply.
Subscribers as defined below, are subject to additional terms dependent on payment of all applicable subscription and licensing fees, which may be presented in separate documentation. Additional Terms for Subscribers are incorporated by reference into this Agreement..
REGISTRATION - ALL USERS. You are not required to register to view MyCampLink.com or the App, however, you will not be able to access any user content unless you register.
There are two types of MyCampLink registrations. 1) SUBSCRIBERS, who are generally camps or related entities who purchase a license and set up a page for their entity on MyCampLink; and 2) USERS, who must utilize a unique access code provided by the Subscriber in order to view the Subscriber's page on MyCampLink. This section applies to both types of registrations:
When you open an account to use or access the Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify MyCampLink immediately of any unauthorized use of your account, username, or password. MyCampLink shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by MyCampLink, its affiliates, officers, directors, employees, consultants, agents, and representatives due to other parties' use of your account or password.
UNIQUE ACCESS CODES. When a camp or other related entity purchases a license for MyCampLink, we provide the entity a unique alphanumeric access code. This access code is required at the time of registration by any users of the App in order to access the subscribing entity's MyCampLink page.
1. Each SUBSCRIBER is solely responsible for the sharing or distribution of its unique page access code, and is solely responsible for determinations regarding to whom they provide their unique access codes.
If a Subscriber determines that it requires a new access codes because of misuse by third parties, the Subscriber shall contact MyCampLink to arrange for a new access codes. In such a case, the Subscriber is responsible for notifying other authorized Users of the change in access code.
2. USERS of the App who have been given a Subscriber's access code agree to maintain the confidentiality of the access code, and not to share it with any third parties without the express consent of the subscribing camp/entity who provided the User with the access code.
IMPORTANT MEMBERSHIP RULES.
To utilize the mobile App, you must be at least 13 years of age, or if less than 13 years of age, you must sign up through or with the supervision of a parent or guardian.
You must use your real name when creating a member profile in the Application. However, on your profile, you may choose to show your first and/or last name, or only your username.
Your username must be "G" rated. That is, it cannot be vulgar, lewd, or otherwise offensive. No username can contain the words "MyCampLink" or similar words. You may create only one user profile or account for yourself.
You shall provide only accurate and current information regarding your identity and age.
You agree that in using the Application, you will treat all others with dignity, and refrain from any activity that could reasonably be construed as discriminatory, offensive, aggressive, or in any way illegal.
FEES; PAYMENT AND RENEWAL - CAMPS AND SUBSCRIBING ENTITIES. Some products and services available through or in connection with this Site require that you purchase a subscription or otherwise pay a fee. Fees include the Subscription fees required before an entity can create a MyCampLink page. You hereby authorize the Company and its merchant provider to charge your credit card, PayPal account, or other means of payment made available to you, in advance, for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account. The Company reserves the right to change the amount of, or basis for determining, any fees or charges for services it provides, and to institute new fees, charges, or terms effective upon prior notice to customers. The Company reserves the right to terminate any account at any time for any reason.
Your right to use the Service is subject to any expenditure limits established by the Company or by your credit card issuer or other means of payment that may be made available to you. If payment cannot be charged to your credit card, or collected by other available means on the Site, or your charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate your access and account, thereby terminating this Agreement and all obligations of Company hereunder.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit, or charge card number stored, if any), notify the Company of the problem to avoid possible liability for any unauthorized charges to your account.
It is your responsibility to notify the Company if your credit card has changed or has expired and to make appropriate changes or your service may be disconnected or interrupted.
FEE OFFSETS VIA ADVERTISING PLACEMENTS. Subscribers may choose to offset subscription fees by placing third-party advertising on their MyCampLink page. The rates and terms of any third-party advertising agreement will be made available to Subscribers through the Subscriber's website user interface, or by contacting MyCampLink through the user interface. The terms of any such advertising agreement with MyCampLink are incorporated by this reference into this Agreement.
USE OF THE APPLICATION. MyCampLink grants you permission to use the Application subject to the restrictions in these Terms of Service. In accessing or using the Application, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. MyCampLink does not endorse such Content, and cannot vouch for its accuracy. You therefore access and use the Application at your own risk.
USER CONTENT. Because MyCampLink hosts your subscriber content, you grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your username in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
PHOTOGRAPHS POSTED TO SUBSCRIBER PAGES. Subscribers understand and agree that they are solely responsible for obtaining any necessary permissions to post photographs that include identifiable individuals. Subscribers agree that they bear full responsibility for images they post to their MyCampLink page.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID or profile. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
COPYRIGHT INFRINGEMENT / DMCA. MyCampLink has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. MyCampLink has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. MyCampLink's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company's designated agent at:
My Camp Link, LLC
P.O. Box 960331
143 Doughty Blvd.
Inwood, NY 11096
INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
(a) violates any of the terms of this Agreement, or any agreement with MyCampLink or its partners and affiliates; or
(b) creates a false identity for the purpose of misleading others; or
(c) is libelous, defamatory, obscene, pornographic, abusive, or threatening; or
(d) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
(e) contains viruses, Trojan horses, worms, or similar software.
NO WARRANTIES. MYCAMPLINK HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE APPLICATION AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE APPLICATION OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE APPLICATION OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY. MYCAMPLINK'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
AFFILIATED AND THIRD PARTY SITES. MyCampLink has no control over, and no liability for any third party websites or materials or products and services provided therein. MyCampLink may work with a number of partners, affiliates, and advertisers whose Internet sites may be linked with or incorporated into the Site. Because neither Company nor the Site has control over the content and performance of these third party sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
COPYRIGHT; TRADEMARK. All contents of Application or Service are: Copyright © 2016, My Camp Link, LLC. P.O. Box 960331, 143 Doughty Blvd., Inwood, NY 11096. All rights reserved. No material can be downloaded, except for your own personal use provided you have retained any relevant copyright and other proprietary notices which may be contained on the images. You may not reuse, distribute, modify, repost any content of the Application or MyCampLink.com website for public or commercial uses such as logos, text, images, without the express written permission of My Camp Link, LLC. "My Camp Link" "MyCampLink.com" as well as all logos and similar images and text found on the Application or MyCampLink.com or any other apps or sites controlled or operated by MyCampLink, are trademarks of MyCampLink, LLC.
NO LICENSE FOR MARKS. Nothing contained on the Application should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
NO ASSIGNMENT. You may not assign this Agreement or any of the rights granted by MyCampLink hereunder, in whole or in part, without the prior written consent of MyCampLink, and any attempt to do so shall be void. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.
ACKNOWLEDGMENT AND EXCLUSIVITY. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MYCAMPLINK, AND THAT IT SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR UNDERSTANDING, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND MYCAMPLINK RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Amended January 13, 2016
Effective Date: January 13, 2016
Note that the Site is for Subscribers to utilize the content services provided by MyCampLink, and the App is for Users to access information provided by Subscribers. For more details visit MyCampLink.com.
1.2. NOTICE CONCERNING CHILDREN (COPPA).
PLEASE NOTE: We are a general audience website and App, and do not direct any of our content specifically at children under 13 years of age, nor do we collect personally identifiable information (PII) from children. However, we do authorize parents or legal guardians to allow their children to use the App.
* We do not knowingly collect personal information from children under 13. We understand and are committed to respecting the sensitive nature of children's privacy online. If we learn or have reason to suspect that a registered Site or App user is under age 13, we will promptly delete any personal information in that user's account.
1.3 REGISTERED USERS. We require that registered Users of the App be at least 13 years of age, or if under 13, are utilizing the app with the consent and supervision of a parent or guardian. If we obtain information or otherwise have reason to believe you are not 13 years of age or older, and do not have parental consent, we will investigate further and reserve the right to terminate your account. Subscribers acting on behalf of a camp or related entity must be 18 years of age or older.
1.4 WE WILL NOT SELL YOUR PERSONAL INFORMATION. MyCampLink may utilize information provided by you for purposes outlined in this Policy, or to the extent required to comply with the law; but otherwise, MyCampLink is committed to your privacy and will not sell your information to third parties for any purpose other than as outlined herein.
2.1. WHAT BASIC INFORMATION DOES THE COMPANY COLLECT ?
In operating the App and Site, Company may include registration forms, and other online forms that ask users to provide their names, email addresses, and other contact information, as well as a Username.
We also request information from Subscribers for the purpose of paying for their MyCampLink subscription, which may include credit card or PayPal account information. Company may also request profile information from you, or from your social networking profiles, for the purposes including customization, and accuracy, and other purposes designed to improve your experience on the Site.
2.2. WHAT ADDITIONAL INFORMATION DOES COMPANY COLLECT?
(a) AUTOMATIC COLLECTION. Our servers automatically recognize visitors' domain names and IP addresses (the number assigned to computers on the Internet). No personal information about you is revealed in this process. The Site may also gather anonymous "traffic data" that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.
(b) COOKIES. From time to time, we may use the standard "cookies" feature of major browser and other applications that allows us to store a small piece of data on your computer or phone about your visit to our App or Site. We do not set any personally identifiable information in cookies, nor do we employ any data capture mechanisms on our website other than cookies. Cookies both help improve your experience on the Site, and help us learn which areas of our site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our Web site may be diminished and some features may not work as they were intended.
2.3. LOST OR STOLEN INFORMATION. You must promptly notify us if any personal information is lost, stolen, or used without permission. In such an event, we will remove that information from your account to the extent we have stored it, and update our records accordingly.
3.1. WHAT DOES COMPANY DO WITH COLLECTED INFORMATION?
(a) PERSONAL INFORMATION. We will not share your personal information with any third parties without your consent, except as necessary to provide you with the services offered by us or to comply with the law. We may use your personal information to verify your identity, social media account, or to follow up with transactions initiated on the Site. We may also use your contact information to inform you of any changes to the App or Site, or to send you additional information about Company.
(d) DISCLOSURE OF PERSONAL INFORMATION. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the requirements of the law or comply with legal process served on Company or its subsidiaries or affiliates, (2) protect and defend the rights or property of Company or the users of the Site, or (3) act under exigent circumstances to protect the safety of the public or users of the Site. (e) SALE OF INFORMATION. In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected through its websites. If Company or substantially all of its assets are acquired, customer information will be one of the assets transferred to the acquirer. We may send registered users an email notifying them of the acquisition of MyCampLink, or any of its affiliate sites by another company, but are not obligated to do so.
(f) ACCESS TO INFORMATION. Unfortunately, we do not maintain any procedures for you to review or request changes to the information that we collect about you, except that you may request that we remove all information about you from our database by contacting us in accordance with Section 6.1 below.
(g) "DO NOT TRACK" NOTICES: Company will respond to "Do Not Track" notices promptly and appropriately by taking whatever reasonable action is requested of it, including removing all personally identifying information from a User's database pursuant to Section 6.1 below.
The Company has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
5.1. PUBLIC FORUMS
The App may include interactive forums in addition to other core features of the App and Site, as well as potentially providing calendaring, reviews, message boards and other communications platforms. Please remember that any information that is disclosed in public areas becomes public information and you should exercise caution when deciding to disclose your personal information.
5.2. THIRD PARTY WEBSITES
The App or Site may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.
6.1. CONTACTING US
If you have any questions about this Policy, our practices related to this Site, or if you would like to have us remove your information from our database please feel contact us at the following:
My Camp Link, LLC
P.O. Box 960331
143 Doughty Blvd.
Inwood, NY 11096
6.2. UPDATES AND CHANGES
We reserve the right, at any time, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. MyCampLink will send Subscribers and Users an email notifying them of any changes to this Policy, or otherwise advise registered users via their registration profile. Any such change, update, or modification will be effective immediately upon posting on the Site, and upon notice to registered users. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms.