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Terms & Conditions
eCamp Terms &
Conditions
Last
Updated 3/1/2005
Overview
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PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING
THIS ECAMP WEB SITE.
By using this site, you signify your assent to these terms of use. If you do
not agree to these terms of use, please do not use the site. We reserve the
right, at our discretion, to change, modify, add, or remove portions of these
terms at any time. Please check these terms often for changes. Your continued
use of eCamp.net following the posting of changes to these terms (including
the eCamp Privacy Policy)
will mean you accept those changes. These Terms and Conditions will be
governed by and are in accordance with the laws of the State of Connecticut. If you use this
site from other locations or countries, you are responsible for any and all
applicable local laws.
All information that you provide to eCamp in connection with
the use of the eCamp Site shall be true and accurate to the best of your
knowledge. You agree to update or
correct any information which you have provided if such information becomes
outdated.
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Public
Communication
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It is our policy to respect the privacy of all guests.
Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not
monitor, edit, or disclose the contents of a guest's e-mail unless required
to do so by law or in the good-faith belief that such action is necessary to:
(1) comply with the law or comply with legal process served on eCamp; (2)
protect and defend the rights or property of eCamp; or (3) act in an
emergency to protect the personal safety of other users or the public. Guests
shall remain solely responsible for the content of their messages.
You may not use the eCamp Site, or tools within the eCamp
community, to send unsolicited advertising, promotional material, or other
forms of solicitation to other users.
Any abuse of this policy will result in immediate termination of your eCamp
account.
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Confidentiality
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With respect to the maintenance and confidentiality of any and
all information eCamp may learn in the course of providing e-mail and other
internet services, eCamp hereby agrees that (i) it
shall retain any and all information learned in the course of its services in
strict confidence; (ii) it shall not communicate any such information or
provide any information to any person other than eCamp employees for the
purpose of providing e-mail and internet services to camp families; (iii) all
proprietary information with which it comes in contact is the sole and
exclusive property of your child’s camp; this includes names, addresses,
phone numbers and e-mail accounts of Campers, families and staff and (iv) may
not independently contact camp customers outside the scope of the standard
operation of the product including email confirmations, email notifications
and special offer notifications, unless otherwise agreed to by your camp.
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Ownership
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eCamp is the owner of this site and owns or
licenses all of the material on the site. You may use the materials found on
the eCamp web site for noncommercial and informational use only. No portion
of this site, including, but not limited to, text, images, audio, video or
data may be copied, transmitted, distributed, or modified unless you have
received written permission to do so from eCamp. Your use of this site does
not create a license or any other rights in trademarks, service marks,
copyrights or other intellectual property or rights of eCamp or any third
party. You may use eCamp endorsed avenues to redistribute or purchase content
such as: ‘invite a friend’, ‘email a photo’, and/or ‘buy this photo’.
eCamp hosts and transmits images and content on
our servers on behalf of your camp without assuming any responsibility and/or
liability for the content and permissions associated with said content Your
camp has provided the content herein and has granted express consent and
permission to rebroadcast all content on this site. You further agree to grant to ECamp a
non-exclusive, worldwide, royalty-free, perpetual license, with the right, to
reproduce, distribute, transmit, create derivative works of, and publicly
display any content in which your child may appear by all means and in any media
now known or hereafter developed. You agree that you shall have no recourse
against ECamp for any alleged or actual infringement or misappropriation of
any proprietary right in any Content displayed or otherwise used related or
unrelated to the web site you have access to.
eCamp will seek express permission from your
camp to rebroadcast any content for the purpose of eCamp’s own marketing
efforts.
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Linked
Sites
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Although this site may be linked to other sites, eCamp is not
implying any endorsement, association, sponsorship or affiliation with the
linked site or any merchandise, products or services offered through such a
site, unless specifically stated. You acknowledge that eCamp has no control
over the content or other aspects of the sites linked to
this site, and is not responsible for the content of any off-site
pages or any other site linked to this site. You further acknowledge that
eCamp does not make any representations or warranties as to the adequacy of
any security measures instituted in any such site relating to privacy of
personal information, credit card information or other matters you may be
asked to supply.
Further, eCamp explicitly disclaims any responsibility for the accuracy,
content, or availability of information found on sites that link to or from
eCamp from third parties not associated with eCamp. eCamp
encourages discretion when browsing the Internet using our or anyone else's
service. Because some sites employ automated search results or otherwise link
you to sites containing information that may be deemed inappropriate or
offensive, eCamp cannot be held responsible for the accuracy, copyright
compliance, legality, or decency of material contained in third-party sites,
and you hereby irrevocably waive any claim against us with respect to such
sites.
eCamp cannot ensure that you will be satisfied with
any products or services that you purchase from a third-party site that links
to or from eCamp, since other shop channels are owned and operated by
independent retailers. eCamp does not endorse any of
the merchandise, nor has eCamp taken any steps to confirm the accuracy or
reliability of, any of the information contained in such third-party sites.
We strongly encourage you to make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline transaction with
any of these third parties.
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Disclaimer
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THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ECAMP DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ECAMP
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ECAMP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
Your account may include access to several of the following
community elements: (1) a one-way email system, (2) a two-way email system,
(3) a password protected photo gallery, (4) a password protected news section,
(5) photo purchasing options, (6) care package purchase options, (7) password
protected bulletin boards, (8) camp forms and or mailings and more. Each of these various products has its own
derivative set of disclaimers and limitations of liability as follows:
One Way eMail
Your account may be enabled for one way email service. All email sent to your Camper through the
eCamp system (either via web form or by the eCamp assigned email address) is
grouped, sorted, and forwarded to camp on a daily basis by ecamp. Camp prints
and distributes email on behalf of eCamp. eCamp
makes no guarantee that email will be delivered in a timely manner or that
email will be delivered at all. Under no circumstances shall eCamp be held
responsible for email that is missing or email that has not been delivered to
its intended recipient. Unused email credits are non-refundable and
non-transferable.
Two Way eMail
Your account may be enabled for two way email service. All email is grouped and delivered on a
daily basis based on a schedule established with your camp. Likewise, email composed at camp is grouped
and sent over the internet on a daily basis.
This system works differently from what you may be accustomed to on
your home or office computer where email is sent and received
immediately. The engineered delay in
email distribution is intended to prevent Campers from abusing email privileges
at camp and is also more realistic in terms of technology usage within the
context of the camp environment.
Campers have access to computer terminals at camp where they may
review and reply to email sent to them or formulate
new email messages. Campers are not
required to access their email on any specific schedule. Under no circumstances shall eCamp be held
responsible for logistics of email operations at camp, frequency of
visitation to the email lab or timeliness of response (or response at all) to
email messages sent to your Camper.
Photo Gallery
eCamp may host photos and or videos provided by
your camp. Camp is wholly responsible
for uploading this content to the eCamp managed website. eCamp does not
control the frequency of updates nor the quantity of photos or videos
uploaded. eCamp
does not guarantee the quality, quantity or frequency of uploads conducted by
your camp. Under no circumstances
shall eCamp be held responsible for the content (or lack thereof) of the
Photo Gallery.
Newsletter
eCamp may host news articles, polls, food menus
and other text based content provided by your camp. Camp is wholly responsible for uploading
this content to the eCamp managed website.
eCamp does not control the frequency of
updates nor the quantity of uploaded content.
eCamp does not guarantee the quality,
quantity or frequency of uploads conducted by your camp. Under no circumstances shall eCamp be held
responsible for the content (or lack thereof) of the Newsletter.
Photo Purchasing
Options and Care Packages
One or more of these service may be
enabled at your camp. If the service
is enabled, it has been endorsed by camp and you are welcome to
participate. eCamp
works with third party vendors to fulfill both of these services. Please refer to the ‘linked sites’ section
of the Terms of Service for more information.
Bulletin Boards
Your account may be enabled for bulletin board service. The camp is acting as administrator of the
bulleting board and is responsible for any content and or management of
content associated with bulleting boards.
You and your child may have access to bulletin boards where you will
be able to share information with other members of the camp community. We encourage you not to share personally
identifiable information for your own safety and security online.
Forms, Mailings and
other information
Your account may have access to additional information
including forms, mailings and other information. Camp is responsible for managing this
content and making it available for your use.
eCamp acts as an intermediary in hosting this
additional information and is not responsible for its content nor does ecamp
warrant that any of this information is accurate.
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Fees
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eCamp services are available to camp families
on a registration basis. Depending on
the relationship that has been structured with your camp, it may be free to
register or you may be required to purchase a package during the registration
process. If packages are offered, they
will consist of email credits, photo credit or both. These packages and the pricing model have
been established in concert with your camp and are geared to present a
package of appropriate proportions for the duration of the
your Camper’s stay at camp. Any
fees paid are to eCamp and are not being collected by your camp. In addition to fees that may apply for
registration packages, there may be additional opportunities for commerce on
the site including photo reprint services, photo gift items, and camp car
packages. These services are made
available at the discretion of your camp.
Again, eCamp bills for these services, not your camp. eCamp reserves the
right to include additional fees above and beyond packages agreed upon or
made available through your camp to accommodate for setup fees, service
charges, shipping fees and or handling fees.
These fees are considered ‘pass through’ fees and may be implemented
at the sole discretion of eCamp. In
the event these fees affect your account, you will be notified and charged
accordingly.
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Refund
Policy
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eCamp does not offer refunds for services
rendered. After you have completed the
registration process, service has been rendered in the form of access to the
online community and, in some cases, the creation of a private internet email
address for your Camper. Refunds are
not considered for any reason including but not limited to: non-use of the
service, unused credits, any inability for you or your computer to access
eCamp web based services, your Camper’s departure or early departure from
camp and more.
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Limitation
of Liability
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You understand and agree that the use of this web site is at
your sole risk, that any material and/or data that you obtain by the use of
this site is obtained at your own risk. NONE OF
THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE IS
LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES,
OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY
OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR BROWSING OF THIS SITE OR THROUGH
YOUR DOWNLOADING OF MATERIALS FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO,
ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE
OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS. IN NO EVENT
WILL ECAMP BE LIABLE FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE
PRODUCTS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
OR OF THE INABILITY TO USE ANY MATERIALS ON THIS WEB SITE.
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General
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This License will be construed under the laws of the State of Connecticut, except for that
body of law dealing with conflicts of law. If any provision of this License
shall be held by a court of competent jurisdiction to be contrary to law,
that provision will be enforced to the maximum extent permissible,
and the remaining provisions of this License will remain in full force and
effect.
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Termination
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These terms are effective until terminated by either party.
You may terminate these terms at any time by destroying all materials
obtained from any and all eCamp site and all related documentation and all
copies and installations thereof, whether made under the terms of these terms
or otherwise. These terms will terminate immediately without notice from
eCamp if in eCamp's sole discretion you fail to comply with any term or
provision of these terms. Upon termination, you must destroy all materials obtained
from this site and any and all other eCamp site(s) and all copies thereof,
whether made under the terms of these terms or otherwise.
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Force
Majeure
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Neither party shall be liable for delay in any of its
performance hereunder due to causes beyond reasonable control, including but
not limited to, an act of God, war or natural disaster.
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© eCamp Messaging Services, Inc. 1999 - 2004. All
Rights Reserved.
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