Description of Services
Campography, Inc. ("Campography") currently provides a social networking
platform for the camp community and a series of resources and tools (herein
collectively called the "Campography Services") for camp directors. These
Campography Services include a branded social network, a branded photo
gallery, an email marketing solution, news and job postings, an RSS
syndication builder for news and job postings, among others in development or
not described here. Any premium paid upgrades of the aforementioned
Campography Services are available upon receipt of payment.
Acceptance of Terms
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the Campography Services. Use of Campography.com
("Site") is also governed by the Campography Privacy Policy, which is
incorporated into this agreement, whether you are a "Visitor" (which means
that you simply browse the Site, including through a mobile device, or
otherwise use the Campography Services without being registered) or you are a
"Member" (which means that you have registered with Campography). The term
"User" refers to a Visitor or Member. You are only authorized to access this
Site or to use the Campography Services, including materials and services
contained in the Site (regardless of whether your access or use is intended)
if you agree to abide by all applicable laws and the terms of this Agreement.
Please read this Agreement carefully and save it. If you do not agree to be
bound by this Agreement and follow all applicable laws, you must leave this
Site and discontinue use of the Campography Services immediately. If you wish
to make use of the Campography Services, read this Agreement and reaffirm your
acceptance during the registration process.
This Agreement includes Campography’s policy for acceptable use of the
Campography Services and including but not limited to, without limitations,
descriptions, comments, postings, images, discussions, profile text or videos
(herein referred to as "Content") posted on or through the Campography
Services. In order to participate in certain Campography Services, you may be
notified that you are required to download software or content and/or agree to
additional terms and conditions from Campography. Unless otherwise provided by
the additional terms and conditions applicable to the Campography Services in
which you choose to participate, those additional terms are hereby
incorporated into this Agreement. You may receive a copy of this Agreement by
emailing us at
Support@Campography.com,
Subject: Terms of Use Agreement.
Campography may modify or amend this Agreement without notice at
any time and such modification will be effective upon posting by Campography
on the Site. Your continued use of the Campography Services after Campography
posts a revised Agreement signifies your acceptance of the revised Agreement.
It is therefore important that you review this Agreement regularly to ensure
you are updated as to any changes.
Please choose carefully the information you post on or through
the Campography Services and that you make available directly or indirectly to
other Users. Your Campography profile and any Content that you upload to
Campography may not include any form of Prohibited Content, as outlined in the
Prohibited Activity and Content section below. Despite our prohibition certain
activity and Content, some information, materials, products or services
provided by other Campography Members (for instance, in their profile or
images) may, in whole or in part, be unauthorized, impermissible or otherwise
violate this Agreement, and Campography assumes no responsibility or liability
for this material. If you become aware of misuse of the Campography Services
by any person, please email support@campography.com and include in your email a URL to the material in question.
Campography reserves the right, in its sole discretion, to reject,
refuse to post or remove any Content by you, or to deny, restrict, suspend, or
terminate your access to all or any part of the Campography Services at any
time, for any or no reason, with or without prior notice or explanation, and
without liability to you or your agents, representatives, partners, and any
other user. Campography expressly reserves the right to remove any or all of
your Content and/or to deny, restrict, suspend, or terminate your access to all
or any part of the Campography Services if Campography determines, in its sole
discretion that you have violated this Agreement or pose a threat to Campography
and/or its Users.
Eligibility
Use of the Campography Services and registration to be a Member
for the Campography Services is void where prohibited. By using the
Campography Services, you represent and warrant that (i) all registration
information you submit is truthful and accurate; (ii) you will maintain the
accuracy of such information; (iii) you are 13 years of age or older, or
comply with the terms stated in the section below; and (iv) your use of the
Campography Services does not violate any applicable law or regulation. Your
profile may be deleted and your membership may be terminated without warning,
if we believe that you are under 13 years of age, if we believe that you are
under 18 years of age and you represent yourself as 18 or older, or if we
believe you are over 18 and represent yourself as under 18.
Member Account, Password and Security
You are responsible for maintaining the confidentiality of your login
email and password ("Registration"). You shall be responsible for all uses of
your Registration, whether or not authorized by you. You agree to immediately
notify Campography of any unauthorized use of your Registration.
Campography makes every effort to protect individual privacy and personal
information, and is particularly concerned about child privacy.
Campography requires all users to be over the age of 13.
Parents of children under the age of 13, who wish to allow their children
access are required to provide their consent for any Registration in clear and
understandable language and not contain any unrelated or confusing information
to support@campography.com.
By creating such a Registration involving your child under the age of 13, you
certify that you are at least 18 years old and that you are the parent or
legal guardian of the child/children listed on the Registration.
Registration data and certain other information about you are
subject to Campography’s Privacy Policy located at: http://www.campography.com/help_privacy.php.
Through your use of the Campography Services, you consent to the collection
and use (as set forth in the Privacy Policy) of information about you.
Member Content
You understand that all Content, whether publicly posted or
privately transmitted, is the sole responsibility of the person from which
such Content originated. This means that you, and not Campography, are
entirely responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Campography Services.
Campography does not control the Content
posted via the Campography Services, and as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using
the Campography Services, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstance will Campography by liable in
any way for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise
made available via the Campography Services.
You are solely responsible for your conduct and your Content on
the Campography Services. We want to keep the independent camp networks on
Campography safe and fun for everyone and the use of Campography for unlawful
or harmful activities is not allowed. In defining "safe and fun," you
specifically agree that:
You will not post, email, comment, message or any other form of making
available Content to Users:
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In a manner that infringes, violates or misappropriates any
third party’s intellectual property rights or contractual right;
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in a manner that contains viruses or any other computer code,
files of programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
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to engage in spamming, "chain letters," "pyramid schemes",
advertisement of illegal or controlled products or services, or other
advertising or marketing activities that violate these Terms of Use, any
applicable laws, regulations or generally-accepted advertising industry
guidelines, including to other Users whether on or off the Campography
Services;
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in a manner that is libellous or defamatory, or in a way that
is otherwise threatening, abusive, violent, harassing, malicious or
harmful to any person or entity, or invasive to another’s privacy;
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in a manner that is hateful or discriminatory based on race,
color, sex, religion, nationality, ethnic or national origin, marital
status, disability, sexual orientation or age or is otherwise
objectionable, as reasonably determined by Campography;
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to impersonate a Campography employee, or any other person,
or falsely state or otherwise misrepresent your affiliation with any
person or entity, or to obtain access to a Camp Network or the Campography
Services without authorization;
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to interfere or attempt to interfere with the proper working
of the Campography Services or prevent others from using the Campography
Services, or in a manner that disrupts the normal flow of dialogue with an
excessive number of messages (flooding) to the Campography Services, or
that otherwise negatively affects other persons’ ability to use the
Campography Services;
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to use any manual or automated means, including agents,
robots, scripts, or spiders to access or manage any Member account or to
monitor or copy the Campography Services code or the content contained
therein;
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to facilitate to unlawful distribution of copyrighted
content;
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in a manner that employs misleading email or IP addresses, or
forged headers or otherwise manipulated identifiers in order to disguise
the origin of Content transmitted through the Campography Services or to
Users;
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in a manner that includes personal or identifying information
about another person without that person’s explicit consent; and
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in a manner that constitutes or contains any form of
advertising or solicitation if (a) posted in your Content; or (b) messaged
to Users.
Additionally, you agree not to:
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"Stalk" or otherwise harass anyone;
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Collect, use or disclose data, including personal
information, about other Users without their consent or for unlawful
purposes or in violation of applicable law or regulations;
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Request, solicit or otherwise obtain access to usernames,
passwords or other authentication credentials from any Member of the
Campography Services;
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Use any profanity or the description or name of any illegal
activity;
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Post any Content containing child pornography to any
Campography Network. Campography absolutely does not tolerate this and
will report any suspected instances of child pornography, including
reporting any Campography Member Data, to law enforcement, including the
National center for Missing and Exploited Children;
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Post any Content that Campography determines in its sole
discretion, depicts or contains rape, extreme violence, murder,
beastiality, incest, or other similar content;
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Use automated means, including spiders, robots, crawlers,
data mining tools, or the like to download data from Campography - except
for Internet search engines (e.g. Google) and non-commercial public
archives (e.g. archive.org) that comply with our robots.txt file, or
"well-behaved" web services/RSS/Atom clients. We reserve the right to
define what we mean by "well-behaved";
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Post irrelevant Content, repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately large
load on Campography's infrastructure;
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Attempt to gain unauthorized access to Campography's computer
systems or engage in any activity that disrupts, diminishes the quality
of, interferes with the performance of, or impairs the functionality of,
the Campography Services;
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Develop, invoke, or utilize any code to disrupt, diminish the
quality of, interfere with the performance of, or impair the functionality
of the Campography Services; and
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Be involved with, or the source of any behaviour that causes
administrative burden, for any reason, as determined by Campography in its
sole discretion.
You agree not to authorize or encourage any third party to use the Campography
Services to facilitate any of the foregoing prohibited conduct. You also agree
to immediately notify Campography in the event of an actual or threatened claim
that you have violated any of the covenants and agreements contained in this
Agreement.
You acknowledge that Campography does not pre-screen Content, but
that Campography and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content that is
available via the Campography Services.
Without
limiting
the foregoing, Campography and its designees shall have the right to remove
any Content that violates the Terms of Use or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may not
rely on any Content created by Campography or submitted to Campography,
including without limitation, all other parts of the Campography Services.
You acknowledge and agree that Campography
may preserve Content and may also disclose Content if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c)
respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of Campography, its users
and the public.
You understand that the technical processing
and transmission of the Campography Services, including your Content, may
involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
Integration with Facebook
Campography has a number of integration points with the Facebook
application platform. Facebook does not share any of your personal information
with Campography. Campography only stores your Facebook user ID when you
access the application via Facebook. For more information on the Facebook
platform terms of service please
click
here.
Campography Pro Services and Payment
Campography Pro requires payment of subscription fees. You hereby
authorize Campography to charge your credit card in advance for all applicable
fees incurred by you in connection with Campography Pro. You hereby understand and
agree that in most cases, Campography will be charging your designated credit
card in accordance with the payment schedule of Campography Pro. You further
understand that it is your responsibility to notify Campography of any changes
to your credit card or if your credit card has expired otherwise your access
to Campography Pro may be disconnected or interrupted. All fees shall be paid in
U.S. dollars.
Campography reserves the right to change any fee (which includes,
but is not limited to, charging a fee for packages, options, upgrades and/or a
Campography service for which Campography does not current charge a fee) or
billing method at any time, provided, however, that such modifications shall
not take effect earlier than thirty (30) days after Campography posts such
modification on the Campography site. Campography also has the right to
collect applicable taxes and impose premium surcharges for some areas of the
Campography Services and these surcharges may apply immediately after you
register for the associated service. You may cancel your Campography account
or any associated optional or upgraded services therefore at any time, but
Campography will not refund any remaining portion of your pre-paid fees and
you may be charged an additional cancellation fee.
You agree to pay
your account balance on time. You also agree to pay any taxes, including sale
or use taxes, resulting from your use of the Campography Services. Amounts not
paid by you to Campography when due will be assessed an additional 1.5% (or
the highest amount allowed by law, whichever is lower) per month if your
payment is more than thirty (30) days past due. That amount is also due
immediately. You are also liable for any fees, including attorney and
collection fees, that Campography may incur in its efforts to collect any
remaining balances due from you. This section shall in no way limit any other
remedies available to Campography. You also understand and agree that you will
be billed for and will pay any outstanding balances if you cancel your account
or your account is terminated. You must notify Campography of any billing
problems or discrepancies within thirty (30) days after they first appear on
your credit card account statement. If you do not notify Campography within
thirty (30) days, you waive any right to dispute such problems or
discrepancies.
In regards to our Camp Communicator ("Communicator"), you hereby
represent, acknowledge and agree that:
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The Communicator may not be used for sending unsolicited
email.
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The Communicator may only be used for lawful purposes.
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You agree you will not access or otherwise use third party
mailing lists or otherwise prepare or distribute unsolicited email, in
connection with the Communicator.
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You agree to import, access or otherwise use only lists for
which all listed parties have consented to receive correspondence from you
in connection with your use of the Communicator.
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You acknowledge and agree that all email messages sent
through use of the Communicator may not be received by their intended
recipients.
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Every email message sent by you in connection with the
Communicator will contain an "unsubscribe" link that allows the recipient
to remove themselves from your mailing list.
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You will comply with the restrictions on content of email
messages and activities using the Communicator set forth or referenced in
the Agreement.
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You acknowledge and agree that you are the sole or designated
"sender" of any email message sent by you using the Communicator.
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You agree that the "from" line of any email message sent by
you using the Communicator will accurately and in a non-deceptive manner
identify your organization.
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You agree that the "subject" line of any email message sent
by you using the Communicator will not contain any deceptive or misleading
content regarding the overall subject matter of the email message.
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You agree to include in any email message sent by you using
the Communicator your valid physical address, which may be a valid post
office box meeting the registration requirements established by your
National Postal Service.
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You will adopt and maintain the
Privacy
Policy, which may be modified by
Campography from time to time.
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For every email message sent in connection with the
Communicator, you acknowledge and agree that Campography may add an
identifying footer stating "Email Marketing by Campography," "Powered by
Campography" or a similar message.
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You cannot copy a Communicator template or any other features
or functionality from the Communicator and use them for any purpose other
than sending email messages from the Communicator.
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Emails that you send through the Communicator may generate
spam complaints from recipients. As a matter of privacy, Campography
cannot share with you the email addresses of those who complain about your
email campaign. You are responsible for ensuring that your email campaigns
do not generate a number of spam complaints in what Campography, in its
sole discretion, determines as excessive.
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Campography, in its sole discretion, shall determine whether
your level of spam complaints is excessive, and its determination shall be
final, binding and conclusive for all purposes under this Agreement.
Campography will terminate your use of its Communicator if Campography
determines that your level of spam complaints is excessive.
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Images hosted by Campography on Campography controlled
servers may only be used in connection with the Communicator and for no
other purpose whatsoever.
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To the extent you use images provided by Campography,
Campography hereby grants to you a limited, non-exclusive,
non-transferable sublicense to use the images in an unaltered state solely
in connection with your use of the Communicator.
User Disputes
You are solely responsible for your interactions with other
Members. Campography reserves the right, but has no obligation, to resolve or
arbitrate disputes between you and other Members.
Disclaimer on Third Party Downloads
"Third Party" refers to all partners of Campography whose
products are downloadable via Campography.com and all affiliated websites.
Please read this disclaimer carefully before download or installing anything
from Campography.com and all affiliated websites. If you do not agree with
this disclaimer, then do not download or install anything from this website.
You agree that your use of the Third Party product is completely at your own
risk and that Campography shall not provide you with support of any kind. You
also understand that the Third Party author of this download may require you
to agree to certain terms and conditions between you and the Third Party
author in order for you to use such author’s product. If Campography is the
author of such products, the download will be labelled as owned by Campography
and Campography may require you to agree to certain additional terms and
conditions in order for you to use the product.
Special Admonitions
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable Content.
Use of the Campography Services and transfer, posting and uploading of
software, technology, and other technical data via the Campography Services
may be subject to the export and import laws of other countries. You agree to
comply with all applicable export and import laws and regulations. In
particular, you: (a) represent that you are not a party identified on any
government export exclusion list, including but not limited to Denied
Persons, Entity, and Specially Designated Nationals Lists, nor
will you transfer software, technology, and other technical data via the
Campography Services to parties identified on such lists; (b) agree not to
transfer, upload, or post via the Campography Services any software,
technology or other technical data in violation of any applicable export or
import laws.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of the Campography
Services, use of the Campography Services, or access to the Campography
Services.
Contributions
Campography does not claim ownership of content you create,
upload, transmit or make available in any way on the Site. By posting content
on the Site you grant Campography a non-exclusive, fully-paid, royalty-free
worldwide license to copy, use, translate, modify, adapt, store, and reproduce
the content for the purposes of displaying, publishing, distributing,
promoting and transmitting the content on Campography.com and affiliated sites
and in any promotional material. If you remove content from Campography.com,
this license will be terminated. Notwithstanding the foregoing, you understand
and acknowledge that Campography may own the servers on which your content
resides, and you own no protectable rights in and to those servers, your user
account, or any data Campography stores on its servers. Should your account be
terminated, you will not be given back any content you uploaded to
Campography.com, nor will you be given access to those materials.
Furthermore, you agree that you will not post any content that
infringes on any copyright, privacy or publicity right, patent, trademark,
trade secret, or any other proprietary right of any party. You agree that to
use, copy, transmit, publish, distribute, modify, broadcast or sell any
Content published on Campography.com that was not created by you; you must
obtain a non-exclusive, fully-paid, royalty-free worldwide license from the
original content creator. You understand and agree that Campography has no
affiliation or involvement in any agreement made for a non-exclusive,
fully-paid, royalty-free worldwide license and that Campography cannot be held
liable for any issuing arising from said agreement.
General Practices Regarding Use and Storage
You acknowledge that Campography may establish general practices and
limits concerning use of the Campography Services, including without
limitation, the maximum number of days that messages, postings or other
uploaded Content will be retained by the Campography Services, the maximum
disk space that will be allotted to your Member account, and the maximum
number of times (and the maximum duration for which) you may access the
Campography Services in a given period of time. You agree that Campography has
no responsibility or liability for the deletion or failure to store any
messages and other Content maintained or transmitted by the Campography
Services. You acknowledge that Campography reserves the right to remove
accounts that are inactive for more than one year. You further acknowledge
that Campography reserves the right to modify these general practices and
limits from time to time.
Prohibited Activity
The following are examples of the kind of activity that is illegal or
prohibited on the Site and through use of the Campography Services.
Campography reserves the right to investigate and take appropriate legal
action against anyone who, in Campography’s sole discretion, violates this
provision, including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to:
-
Criminal activity, including child pornography or erotica,
fraud, trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming, "pyramid schemes", Ponzi
schemes, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets;
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advertising to, or solicitation of, any User to buy or sell
any products or services through the unauthorized or impermissible use
of the Campography Services. You may not transmit any chain letters or
junk email to other Users.
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circumventing or modifying, attempting to circumvent or
modify, or encouraging or assisting any other person in circumventing or
modifying any security technology or software that is part of the
Campography Services;
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forging any TCP/IP packet header or any part of the header
information in any posting, or in any way use Campography.com or
Campography Services to send altered, deceptive, or false
source-identifying information;
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activity that involves the use of curses, bots, worms, or
any other computer code, files or programs that interrupt, destroy or
limit the functionality of any computer software or hardware, or
otherwise permit the unauthorized use of or access to a computer
network;
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interfering with the access of any User, host or network to
Campography.com;
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covering or obscuring any image on Campography.com or any
Campography.com page via HTML/CSS or any other means;
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Adding any HTML, CSS or other coding on your personal
profile page, including without limitation, any hidden or otherwise
surreptitiously contained code in any Content which is unrelated to the
immediate aesthetic nature of the Content;
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Any automated use of the system, such as, but not limited
to, using scripts to send images or videos;
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Disrupting or creating an undue burden on the Campography
Services or the networks or services connected to the Campography
Services;
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Impersonating or attempting to impersonate another User,
person or entity;
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Using the account, username, or password of another Member
at any time or disclosing your password to any third party or permitting
any third party to access your account;
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selling or otherwise transferring your profile;
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using any information obtained from the Campography
Services in order to harass, abuse, or harm another person or entity, or
attempting to do the same;
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Displaying an unauthorized commercial advertisement on your
profile, or accepting payment or anything of value from a third person
in exchange for your performing any commercial activity through the
unauthorized or impermissible use of the Campography Services on behalf
of that person or;
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deleting, or in any manner altering, the copyright,
trademark, or other proprietary rights notices appearing on any Content
except your own Content;
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Using any meta tags or other hidden text or metadata
utilizing a Campography name, trademark, URL or product name without
Campography’s express written consent;
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Attempting to probe, scan or test the vulnerability of any
Campography Services or breach any security or authentication
measures;
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Collecting or store personal data about other users without
their express permission;
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Impersonating or misrepresenting your affiliation with any
person or entity, through pretexting or any other form of social
engineering, or otherwise committing fraud; or
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Using the Campography Services in a manner inconsistent
with any and all applicable laws and regulations.
Modifications to Services
Campography reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Campography Services
(or any part thereof) with or without notice. You agree that Campography shall
not be liable to you or to any third party for any modification, suspension or
discontinuance of the Campography Services.
Disclaimers
The materials at Campography.com are provided "as is" and without
warranties of any kind, either express or implied. To the fullest extent
permissible pursuant to applicable law, we disclaim all warranties, express or
implied, including but not limited to, implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We do not warrant that
the functions contained in the materials on Campography.com will be
uninterrupted or error-free, that defects will be corrected, or the servers
that make such materials available are free of viruses or other harmful
components. We do not warrant or make any representations regarding the use or
the results of the use of the materials on Campography.com 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.
We explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites that link to or from
Campography. We 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 any
Campography or third-party content on Campography. We do not endorse any of
the merchandise, nor have we taken any steps to confirm the accuracy or
reliability of, any of the information contained in such third-party sites or
content. We do not make any representations or warranties as to the security
of any information (including, without limitation, credit card and other
personal information) you might be requested to give any third party, and you
hereby irrevocably waive any claim against us with respect to such sites and
third-party content. 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.
Privacy
We care about the privacy of our users. Click
here
to view our Privacy Policy. By using the Site or the Campography
Services, you are consenting to have your personal data transferred to and
processed in Canada.
Termination
You understand and agree that you have no ownership rights in
your Campography account. Campography has the right (at its sole discretion)
for any reason to (i) delete, disable or deactivate your account, block your
email or IP address or otherwise terminate your access to the use of the
Campography Services, (ii) remove and discard Content within any network or
profile, (iii) shut down a network, with or without notice, and with no
liability of any kind to you. Campography assumes no liability for any
information removed from our site for violating these terms.
You may also cancel your account at any time. This cancellation
takes effect immediately. After a cancellation, Campography will remove all
Content associated with your account.
We reserve the right to permanently restrict access to our
products and services to members who have had their accounts cancelled.
You may terminate this Agreement at any time by calling
Campography Customer Support or emailing support@campography.com.
There are no refunds for any fees paid. You are responsible for terminating
your account this Agreement and Campography is not responsible for your
failure to properly terminate your account ant this Agreement and any credit
card charges and fees you incur as a result of your failure to properly
terminate your account and this Agreement.
Survival
The following Sections will survive termination of these Terms of Use
for any reason: Sections Overview, Acceptance of Terms, Member Content,
Premium Services and Payment, Disclaimer, Termination, Indemnity, Contact,
Governing Law, Special Admonitions.
Links
This web site may contain links to non-Campography web sites. These links
are provided to you as a convenience, and Campography is not responsible for
the content of any linked web site. Any non-Campography web site accessed from
this web site is independent from Campography, and Campography has no control
over the content of that web site. In addition, a link to any non-Campography
web site does not imply that Campography endorses or accepts any
responsibility for the content or use of such web site.
Campography Intellectual Property
The Content, arrangement and layout of Campography, including,
but not limited to, the trademarks, service marks, package designs, text, art
work, graphics, images, buttons, screen shots, music, digitally downloadable
files, other Content, and the compilation of the foregoing are the property of
Campography Inc., except where otherwise noted, and are protected from
copying, imitation, communication, or simulation under domestic and
international laws and are not to be reproduced, communicated, displayed,
distributed, or transmitted without the express written permission of
Campography Inc.
Any unauthorized use of the materials, structure, sequence, arrangement, or
design of Campography, or trademarks, service marks, or trade dress found
within Campography may violate civil or criminal laws, including, but not
limited to, copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes. By visiting Campography you
understand and acknowledge that you do not acquire or obtain by implication or
otherwise, any license or right to use or make additional copies of any
materials or information displayed on Campography.com. You agree not to
display or use any Content or third party content located on the Site in any
publications, in public performances, for any commercial purpose, in any other
manner that is likely to cause confusion among consumers, that disparages or
discredits Campography Inc., or its licensors, that dilutes the strength of
Campography Inc.’s or its licensor’s property, or that otherwise infringes
Campography Inc. or its licensor’s intellectual property rights.
Limitation of Liability
To the maximum extent permitted by applicable law, under no
circumstances and under no legal theory, tort, contract, or otherwise, shall
Campography or any of its underlying service providers, business partners,
information providers, account providers, licensors, officers, directors,
employees, distributors or agents (collectively referred to for purposes of
this section as "Campography") be liable to you or any other person for any
money damages, whether direct, indirect, special, incidental, cover, reliance,
or consequential damages, even if Campography shall have been informed of the
possibility of such damages, or for any claim by any other party. In the event
that, notwithstanding the foregoing, Campography is found liable to you for
damages from any cause whatsoever, and regardless of the form of the action
(whether in contract, tort (including negligence), product liability or
otherwise, the maximum aggregate liability of Campography to you arising in
connection with this agreement shall be limited to the amount you paid for the
Campography Services in the twelve (12) months prior to the accrual of the
applicable claim, less any damages previously paid by Campography to you in
that twelve (12) month period. Some jurisdictions do not allow the exclusion
or limitation of incidental or consequential damages, so this limitation and
exclusion may not apply to you.
Notices
Notices to you may be made via either e-mail
or regular mail. The Campography Services may also provide notices of changes
to the Terms of Use or other matters by displaying notices or links to notices
to you generally on the Campography Services.
Copyrights and Copyright Agents
It is Campography’s policy to respond to notices of alleged
copyright infringement that comply with the Canadian Copyright Act
("C-42"). Campography may remove any allegedly infringing
Content without any liability to you.
If you believe any materials accessible on or from this web site
or the Campography Services infringe your copyright, you may request removal
of those materials (or access thereto) from this web site by contacting
Campography and providing the following information:
-
Identification of the copyrighted work that you believe to be
infringed. Please describe the work, and where possible include a copy or
the location (e.g., URL) of an authorized version of the work.
-
Identification of the material that you believe to be
infringing and its location. Please describe the material, and provide us
with its URL or any other pertinent information that will allow us to
locate the material.
-
Your name, address, telephone number and (if available) email
address.
-
A statement that you have a good faith belief that the use of
the materials is not authorized by the copyright owner, its agent, or the
law.
-
A statement that the information that you have supplied is
accurate, and indicating that "under penalty of perjury," you are the
copyright owner or are authorized to act on the copyright owner’s behalf.
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A signature or the electronic equivalent from the copyright
holder or authorized representative.
Governing Law; Venue and Jurisdiction
If any provision of the Agreement is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full force and
effect and enforceable.
Campography and you agree that this Agreement is the complete and
exclusive statement of the mutual understanding of the parties and supersedes
and cancels all previous written and oral agreements, communications, and
other understandings relating to the subject matter of this Agreement, and
that all waivers and modifications must be in a writing signed by both
parties, except as otherwise provided herein. No delay or omission by either
party in exercising any right or remedy under this Agreement or existing at
law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created
as a result of the Agreement, and you do not have any authority of any kind to
bind Campography in any respect whatsoever.
In any action or proceeding to enforce rights under the
Agreement, the prevailing party will be entitled to recover its costs and
attorneys' fees.
The Agreement shall be governed by the laws of Ontario, Canada
without regard to its choice or law or conflict of laws provisions. All legal
actions in connection with the Agreement shall be brought in the province or
federal courts located in Toronto, Ontario, Canada, and agree to waive any and
all objections to the exercise of jurisdiction over the parties by such courts
and to venue in such courts.
Indemnity
You agree to indemnify and hold Campography Inc. and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any alleged claim or demand, including reasonable
attorney fees, made by any third party due to or arising out of your Content,
your use of the Campography Services, your connection to the Campography
Services, your violation of the Terms of Use, or your violation of any rights
of another, whether you are a registered Member or not. The User is solely
responsible for his or her actions when using the Campography Services,
including, but not limited to, costs incurred for Internet access.
Violations/Contact
Please report any violations of the Terms of
Use to our
Webmaster.
Campography Inc.
192 Spadina Ave, Suite 402
Toronto, ON M5T 2C2
Toll-Free: 888.488.2267
Email:
support@campography.com
