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Terms & Conditions

eCamp Terms & Conditions
Last Updated 9/8/2008



Overview

 

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  You agree to update or correct any information which you have provided if such information becomes outdated.



Access

 

Access to the eCamp online community is provided at the discretion of eCamp, and the camp for which the site access is being supplied. Provided that your camp's online community remains active and operational, your specific access to that online community shall commence on the date of your online registration purchase. Access to the site, credits and photo coupons purchased during your membership term will be available to you, unless earlier terminated in accordance with the eCamp Terms & Conditions, until the subsequent September 30th following your purchase. On said September 30th all remaining credits and photo coupons will be forever forfeited and removed from your account. Access to the site may remain available at the discretion of eCamp.



Public Communication

 

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. 

 


Confidentiality

 

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. 

 


Ownership

 

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.



Linked Sites

 

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.

 


Disclaimer

 

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. 

 

 

 

 

Fees

 

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.  

 


Refund Policy

 

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.  

 


Limitation of Liability

 

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.

 

 

General

 

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.



Termination

 

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.



Force Majeure

 

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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