Thank you for your interest in Camp X, LLC, which owns and operates the services offered on Happycamperlive.com ("Happy Camper Live Site"), and any associated mobile applications ("Happy Camper Live Apps") or additional products and services that Camp X, LLC may provide now or in the future (collectively, the "Service").
The following are the terms of service ("Terms of Service") that define the relationship between Camp X, LLC registered as a Limited Liability Company under the laws of the State of Florida in the United States ("Company," "Happy Camper Live," "we," or "us") and you, and govern your use of Happy Camper Live’s Service.
By accessing, browsing and/or using this Site and the Services, you agree to be bound by this agreement.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT.
THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES.
1. Agreeing to our Terms
These Terms of Service contain general terms that apply to you as a user of the Happy Camper Live Site ("User"). If you are purchasing any product through the Happy Camper Live Site you will be subject to the Happy Camper Live Payment Terms (“Terms”). The Payment Terms are hereby incorporated by reference.
If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to the Agreement. If you don't get your parent or guardian to read and agree to the Agreement, you don't have permission to use the Service.
2. Using the Service
The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.
Grant by User: By submitting User Content at any time through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services.
THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
By accessing the Services, you acknowledge and agree that your performance of any and all activities provided in the Services is wholly at your own risk. Neither the Company, nor any of its counselors, counselors in training or other staff will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended activities.
While we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific activities, you assume sole responsibility for performing those activities with proper form, as there is a risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each activity correctly and to consider consulting with a qualified coach, instructor, or personal trainer, especially if you are new to any of the forms of training or activity you seek to perform.
Procedure for Reporting Copyright Infringement.
If you believe that material or content residing on or accessible through the Site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed identification of works or materials being infringed, identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that the Company is capable of finding and verifying its existence. Contact information about the notifier including address, telephone number and, if available, email address; A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Happy Camper Live at email@example.com.
Camp X, LLC
P.O. Box 33389
Palm Beach Gardens, Florida 33420
3. Happy Camper Live Technology
Your Responsibilities and Happy Camper Live Rights
You agree that you have all rights in the User Content. You represent that you have all required rights to submit, post, upload or otherwise, own, use or disseminate the User Content you submit or upload without violating any third-party rights. You are responsible for ensuring your User Content complies with the Acceptable Use and Conduct Section and any other guidelines or conditions specific to certain categories of User Content. All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. Happy Camper Live cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service, or the authenticity of any data which Users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
You acknowledge that Happy Camper Live and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any User Content through or on the Happy Camper Live Service in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not any User Content is appropriate or acceptable to you. We do not guarantee that we will publish any of your User Content, and reserve the right to remove User Content from the Service at any time for any reason, such as if we receive a notice reports a User Content infringes someone's intellectual property rights.
4. Your Likeness
You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in your User Content to use such individual's likeness, for purposes of using and otherwise exploiting the User Content in the manner contemplated by this Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Content.
5. Privacy and Security
6. Registration and Security
As a condition to using the Service, you must create an account with Happy Camper Live and select a password and username. You must provide Happy Camper Live with true, accurate, a complete, and current information.
You agree to promptly update all information to keep your account on Happy Camper Live current, complete and accurate. You may not select or use as a Happy Camper user name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. Happy Camper Live reserves the right to refuse registration of or cancel an account at its discretion.
You shall be responsible for maintaining the confidentiality of your password and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone without express prior written consent of Happy Camper Live. Additionally, as a parent, the email address that you submit must not be shared by anyone else, especially your child or any other minor. Happy Camper Live will not be liable for any direct or indirect loss that you may incur as a result of someone else using your username or password, either with or without your knowledge or for a failure to comply with this Section. However, you may be held liable for losses incurred by Happy Camper Live or another party due to someone else using your Happy Camper username or password. In other words, please be careful with your identity and passwords.
You expressly agree to (a) immediately notify Happy Camper Live of any unauthorized use of your account or any other breach of security of your account or a child's personal information, and (b) ensure that you properly logout from your account at the end of each session.
7. Modification to Agreement
We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Service. You should look at the Agreement regularly. We last modified this Agreement on the date stated above. We'll post notice of modifications to this Agreement on this page or elsewhere on the Happy Camper Live Service and/or as required by law. Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Service, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.
Any products, merchandise, or goods that are purchased from this Site are made according to a shipment contract whereby risk of loss and title for such products, merchandise, or goods is passed to you upon delivery by Company (or any agent, subcontractor, or other third party working on behalf of Company) to its carrier. While Company and its affiliates strive to be as accurate as possible, Company and its affiliates do not warrant that product descriptions or other related content are accurate, complete, reliable, current, or error-free. For any products, merchandise, or goods that you purchase from this Site which are not as they were described on this Site, your complete and sole remedy is to return the item unused to Company (or a designated third party) for a full refund (excluding shipping and handling fees).
9. Trademarks, Logos and other Product Name
“Happycamperlive” and all related logos, graphics and icons are service marks or trademarks of CampX, Inc. All other trademarks, service marks, product names, company names or logos that appear on the Service are the property of their respective owners, and their presence on the Service does not represent an endorsement of the Service.
10. Your Representations and Warranties
You warrant, represent and covenant that you will not provide any User Content or otherwise use the Service in a manner that (i) infringes, violates or misappropriates another's intellectual property (including, without limitation, copyright, trademark, patent or trade secret) rights, rights of publicity or privacy, or other rights; (ii) violates any applicable national or international, federal, state or local law, statute, ordinance or regulation or which would render Happy Camper Live in violation of any applicable laws or regulations, including without limitation COPPA; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, slanderous, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Service in any way, such as allowing someone else access to your account or password or submitting User Content that contain viruses. Additionally, you represent, warrant and covenant that you (i) possess all rights necessary to provide your User Content and grant Happy Camper Live the rights in this Agreement; and (ii) you will comply with the Laws in connection with your use of the Service.
11. Acceptable Use and Conduct
We do our best to keep Happy Camper Live safe, but we cannot guarantee it. We need your help to keep Happy Camper Live safe, which includes the following commitments by you when using our Service:
1. You will only use the Service as permitted by Law, including applicable export or re-export control laws and regulations.
2. You will not copy, modify or distribute any text, graphics, or other material or content available through the Service without our prior written permission, or if such content is a User Content, the prior written consent of such User.
3. You will not post any User Content or use the Service in a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights, or contractual rights.
4. You will not use the Service to violate a person’s right to privacy or publicity or otherwise collect, use or disclose data, including personal information, about other Users without consent or for unlawful purposes in violation of any Law.
5. You will not post, or otherwise transmit, any unauthorized commercial communications (such as spam, promotional emails, or advertisements) on or through the Service.
6. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
7. You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, including any Users' content or information, or otherwise access the Service, - 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".
8. You will not employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin on any content transmitted to or through the Service.
9. You will not upload viruses or other malicious code, files or programs.
10. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other Users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.
11. You will not access (or attempt to gain unauthorized access) to the Service or to Happy Camper Live's computer systems by any means other than those permitted by this Agreement or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service.
12. You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.
13. You will not bully, intimidate, or harass any User or use the Service in any manner that is threatening, abusive, violent, malicious, or harmful to any person or entity, or invasive of another's privacy.
14. You will not use this Service in any way to upload, post, transmit, email or otherwise distribute any material that: is hate speech, discriminating, defamatory, threatening, pornographic or obscene; incites violence; contains nudity or graphic or gratuitous violence; or is otherwise objectionable as reasonably determined by Happy Camper Live.
15. You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory (including based on race, sex, color, religion, national origin, marital status or disability).
16. You will not use the Service in any manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Service, including any User Content, that violate child pornography laws or that otherwise violates any child sexual exploitation laws. Happy Camper Live absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any of your User registration information, to law enforcement, including the National Center for Missing and Exploited Children.
17. You will not use the Service in any commercially unreasonable manner or in any manner that would disparage Happy Camper Live.
18. You will not impersonate a Happy Camper Live employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
19. You will not facilitate or encourage any violations of this Agreement or our policies, including, without limitation, to facilitate the unlawful distribution of copyrighted content.
Any violation of the above may be grounds for termination of your right to access or use the Service.
12. Application Billing and Payment
Our Service is subject to payments at purchase in the future. Please note that any payment terms presented to you in the process of using or signing up for the Service are deemed part of this Agreement. Please click here to review our Payment Policy
Billing: We use a third-party payment processor (the "Payment Processor") to bill you through a payment account (your "Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use the Service, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of the Application in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Recurring Billing: The purchase of the Service consists of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
Application Subscriptions: The site offers monthly, and yearly subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendars days, and a year 365 days.
Monthly App Subscription: this subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that the company is authorized to charge the same credit card or payment method as was used for the initial subscription fee, in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
Yearly App Subscription: this subscription is paid in yearly installments. For each year that your quarterly subscription is active, you acknowledge and agree that the company is authorized to charge the same credit card or payment method as was used for the initial subscription fee, in the amount of the then current yearly subscription fee. The yearly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each year in order to avoid billing of the next year’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-year subscription period.
NOTICE: THE COMPANY HAS THE RIGHT TO UPDATE THE WEBSITE OR RELEASE A NEW VERSION OF THE APPLICATION WITHOUT NOTICE TO YOU. IN THE EVENT OF AN UPDATE OF THE WEBSITE OR APP OR A VERSION CHANGE YOU AGREE THAT THE UPDATES OR VERSION CHANGE WILL CONSTITUTE THE WEBSITE AND APP AS DEFINED AND YOUR USE OF THE WEBSITE AND APP WILL INCLUDE THE UPDATES OR IN EVENT OF A VERSION CHANGE THE VERSION OF THE WEBSITE AND APP YOU WILL HAVE ACCESS TO WILL BE THE NEW VERSION.
Current Information Required: YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT WWW.HAPPYCAMPERLIVE.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized: If the amount to be charged to your Billing Account varies from the amount you pre-authorized (other than due to the imposition or change in the amount of any applicable taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Reaffirmation of Authorization: Your non-termination or continued use of the Website or App reaffirms that we are authorized to charge your Payment Method. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Website or App.
Prices for the Website and App: All prices are shown are for the United States
APPLE AND GOOGLE DEVICE AND APPLICATION TERMS
As you are accessing the App on a site provided by Apple Inc. or Google Inc. (collectively “App Stores”) the following shall apply: Both you and the Company acknowledge that these Terms are concluded between you and the Company only, and not with the App Stores , and that App Stores are not responsible for the App or the Content.
The App is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the Terms as they are applicable to the Services;
You will only use the App in connection with a device that you own or control. You acknowledge and agree that the App Stores have no obligation whatsoever to furnish any maintenance and support services with respect to the App In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify App Store of such failure; upon notification.
The App stores sole warranty obligation to you will be to refund to you the purchase price, if any, of the App.
You acknowledge and agree that the Company and not the App Stores is responsible for addressing any claims you or any third party may have in relation to the App. You acknowledge and agree that in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Company and not the App Stores, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Both you and the Company acknowledge and agree that, in your use of the App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and both you and the Company acknowledge and agree that the App Stores and their subsidiaries are third party beneficiaries of these Terms and that upon your acceptance of these Terms. The App Stores will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
UPDATE, CHANGE, OR CANCEL YOUR ACCOUNT AND APP SUBSCRIPTION
Happycamperlive.com Customers: If you registered and paid through the Site you can manage your account online:
1. Go to happycamperlive.com
2. Click “Login” on the top right of the homepage
3. Sign in to your account using the method you used when signing into the App
4. Once signed in you can choose to: update your payment method, update your App Subscription, or cancel your App Subscription
Your App Subscription automatically renews if it is not cancelled 24 hours before the end of the current subscription period. You will charged for the next subscription period up to 24 hours prior to the current subscription expiring.
Apple App Store Customers: If you registered and paid inside your iTunes account all charges, payments, and subscriptions of the App are managed directly by Apple. On your iPhone go to your phone’s SETTINGS and follow the steps below:
1. Select ‘iTunes & App Store’
2. Select ‘Apple ID’
3. Select ‘View Apple ID’ in the pop up
4. Select ‘Subscriptions’
5. Select ‘HAPPYCAMPERLIVE’
6. Select ‘Cancel Subscription’
Your App Subscription automatically renews if it is not cancelled 24 hours before the end of the current subscription period. You will charged for the next subscription period up to 24 hours prior to the current subscription expiring.
Google Play Customers: If you registered and paid inside your Google Play store all charges, payments, and subscriptions of the App are managed directly by Google.
1. Open the Google Play Store
2. Tap Menu > My Apps > Subscriptions
3. Find the subscription you want to cancel and click on it.
4. Tap Cancel
Your App Subscription automatically renews if it is not cancelled 24 hours before the end of the current subscription period. You will charged for the next subscription period up to 24 hours prior to the current subscription expiring.
13. Contests, sweepstakes, electronic postcards and other activities
From time to time, Happycamperlive.com or its suppliers and advertisers may conduct promotions on or through the Site, including without limitation auctions, contests, sweepstakes and electronic postcards ("Promotions"). Each such Promotion may have additional terms, conditions and/or rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Service (the "Rules"). If any conflict arises between these Terms of Service and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.
If we offer certain e-Commerce to enable you to purchase goods and services through our Site (the "E-Commerce Service" or "Shop"), additional terms (such as those available on or through the Shop page) apply to your use and access of the E-Commerce Service which are incorporated herein by reference. The Shop on certain Sites utilizes third party operational service providers. All purchases made through these third party operational service providers are subject to their respective terms and conditions of use. We are not responsible and have no liability whatsoever for goods or services you obtain through our third party operational service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. 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 such third party, and you irrevocably waive any claim against us with respect to such sites. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party operational service provider, even if the goods or services were shown on one of the Site's web pages. We cannot ensure that you will be satisfied with any products or services that you purchase from any third party operational service provider as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third party operational service provider.
We do not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our endorsement of such products. Furthermore, customer reviews seen in our Shop are provided by the third party operational service provider's users and are subject to such third party operational service provider's own community guidelines. We and our third party operational service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.
15. Camp Listings
Listing and information to the summer camps and programs contained herein compiled for each camp have not been independently verified by Happy Camper Live as their accuracy and validity. Happy Camper Live does not assume responsibility for or warrants such representations or offers made herein.
Happy Camper Live does not necessarily endorse or recommend the camps or programs included on, or linking to or from, this Web site, nor does Happy Camper Live make any guarantees, warranties or representations about any such camps or programs. At the same time, it is important to note some of the camps and programs may have paid promotional fees for the opportunity to be featured or written about herein.
In no event will Happy Camper Live be liable or responsible for any decision made or not made, or action taken or not taken, based on the information provided on, or accessed through, this Web site. We advise you to take great care in choosing a summer camp.
16. WARRANTY DISCLAIMER
We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
YOUR USE OF THE SERVICE AND ANY PRODUCTS OR SERVICE OFFERED THROUGH THE SERVICE AND ANY USER CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS OR THIRD-PARTY CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SERVICE (AND ANY ASSOCIATED CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, HAPPY CAMPER LIVE TECHNOLOGY OR USER CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HAPPY CAMPER LIVE AND ITS SUCCESSORS, AFFILIATES, SUBSIDIARIES, CONTRACTORS, EMPLOYEES, DIRECTORS, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS ("COMPANY PARTIES") EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE HAPPY CAMPER LIVE TECHNOLOGY, SERVICES, PRODUCTS, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS AND USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HAPPY CAMPER LIVE AND THE COMPANY PARTIES MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE, HAPPY CAMPER LIVE TECHNOLOGY, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER CONTENT OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE TO YOUR LIKING, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER.
ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM HAPPY CAMPER LIVE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
17. LIMITATION OF LIABILITY
UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL HAPPY CAMPER LIVE OR COMPANY PARTIES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HAPPY CAMPER LIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICES, CONTENT, CUSTOM MERCHANDISE, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, OR USER CONTENT; OR (iii) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS.
IN NO EVENT WILL HAPPY CAMPER LIVE OR THE COMPANY PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO HAPPY CAMPER LIVE FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, HAPPY CAMPER LIVE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree, to the extent permitted by your state's laws, to indemnify, hold harmless, and defend Happy Camper Live, and our successors, subsidiaries, affiliates, licensors, partners, co-branders, contractors, and service providers, and each of their respective employees, officers, directors, agents, successors and assigns from and against any and all damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys' fees) from any claim or demand made by any third party relating to or arising out of (i) your access to, use, or misuse of the Service; (ii) your breach or alleged breach of this Agreement; (iii) your failure to comply with any applicable Laws (including any failure to obtain or provide any necessary consent); (iv) the infringement by you or any third party using your account of any intellectual property, privacy or other right of any person or entity, including, without limitation, in connection with your User Content; or (v) your breach or alleged breach of any interaction, agreement or policy between you and other Users.
Happy Camper Live reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Happy Camper Live. Happy Camper Live will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
19. Copyright Protection
It is Happy Camper Live's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Happy Camper Live may remove any allegedly infringing content without any liability to you. Happy Camper Live will promptly terminate without notice any User's access to the Service where the User is repeatedly infringing other people's intellectual property rights, including without limitation, copyright rights. Happy Camper Live, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User.
20. Social Media
Happy Camper Live may, now or in the future, incorporate certain functions that allow you to interact with the Service through your accounts on certain supported third-party social networks, such as with "Like" and "Share" buttons, features allowing you to register on Happy Camper Live through the social networks or otherwise grant access to a third-party social networking service, such as through Facebook Connect or Google, or other similar features (collectively "Linked Accounts"). If you choose to use such features, you grant Happy Camper Live permission to access and use your Linked Account for the purpose of processing your requests. Your use of Linked Accounts is subject to the applicable third-party terms.
21. Third-Party Applications and Integrations
If you use any third-party applications, including, but not limited to, third-party applications that are integrated directly with our Service through application programming interfaces ("APIs") for your convenience, ("Third-Party Applications"), you are solely responsible for your interactions with such Third-Party Applications. Additionally, if you elect to use any Third-Party Applications, you are solely responsible for the selection of and any transfer or downloading of any User Content, or any other data or content stored on the Happy Camper Live Service, to such Third-Party Applications, including through any Happy Camper Live API’s. Happy Camper Live shall not be responsible for any disclosure, modification or deletion of your data, or the use of your data by such Third-Party Applications, including, without limitation, any User Content, resulting from any such access by Third-Party Applications.
If you use any Third-Party Applications, including without limitation, to create and link or integrate any videos or other content ("Third-Party Application Created Content") to your account on Happy Camper Live, it is your responsibility to obtain any and all necessary rights needed, including, without limitation, for any additional photos / videos / music and as necessary to grant us the license for use. You are also solely responsible for all Third-Party Application Created Content, and for ensuring that such Third-Party Application Created Content meets all applicable conditions and restrictions set forth in this Agreement. You further acknowledge that any Third-Party Application Created Content is subject to any other disclaimers and rights of Happy Camper Live with respect to such content contained in this Agreement.
You represent and warrant, in connection with any use of Third-Party Applications, that you: (i) shall comply at all times with all applicable Third-Party Application Terms, including regarding the indirect or direct transfer of any User Content or other data to any third parties; (ii) shall comply with any and all process and guidelines set forth (or that may be set forth) by Happy Camper Live regarding Third-Party Applications.
22. Third Party Content and Websites
Content from other Users and third parties, including, information about third-party products and services, is made available to you through the Service ("Third-Party Content"). Additionally, the Service may contain links to third-party websites that are not owned or controlled by Happy Camper Live, and includes features that allow you to interact and communicate with third parties ("Third-Party Websites"). The inclusion of Third-Party Content and links to Third-Party Websites on the Service does not imply our affiliation or endorsement of such Third-Party Content or Third-Party Websites. Because we do not control Third-Party Content or Third-Party Websites, you agree that we are not responsible for any such Third-Party Content or Third-Party Websites, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third-Party Content or Third-Party Websites (including privacy policies or opinions expressed on the Third-Party Websites), it is the sole responsibility of the person from which such Third-Party Content or Third-Party Websites originated, and Happy Camper Live has no obligation to monitor such Third-Party Content or Third-Party Websites. Notwithstanding the foregoing, Happy Camper Live or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third-Party Content or links to Third-Party Websites in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third-Party Content or Third-Party Websites are appropriate or acceptable to you. Your interaction with Third-Party Content and Third-Party Websites are subject to their respective terms and conditions and privacy policies. You understand that by using the Service you may be exposed to Third-Party Content or Third-Party Websites that are offensive, indecent or objectionable, and that you use the Service at your own risk.
We always appreciate your feedback or other suggestions about Happy Camper Live, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.
24. Term and Termination
This Agreement shall remain in full force and effect while you use the Service unless your account is terminated as provided in this Agreement ("Term"). Certain Users may terminate their use of the Service or your account at any time by contacting us as described in the Contacting Happy Camper Live section below.
The following does not apply in the unforeseen circumstances in which Happy Camper Live ceases operations or files for bankruptcy at which point Happy Camper Live may terminate or suspend all User accounts and licenses with or without notice to you, and with no liability to you.
All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
25. Dispute Resolution
Governing Law: The laws of the State of Florida shall govern these Terms of Service and, subject to the arbitration section below, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN Palm Beach County, Florida FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE FILIP SERVICE. Any claims asserted by you in connection with the Happy Camper Service must be asserted in writing to Happy Camper within one (1) year of the date such claim first arose, or such claim is forever waived by you. Notwithstanding the arbitration section below, Happy Camper may seek an injunction in a court of competent jurisdiction to the extent necessary to prevent any harm to any party or liability to Happy Camper.
Arbitration: You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of these Terms of Service or the Happy Camper Service. The arbitration will be conducted before a single arbitrator and will be held at the AAA location in Palm Beach County, Florida. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Happy Camper will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined on consolidated unless agreed to in a writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate a litigation or any other proceeding against Happy Camper in violation of this paragraph, you agree to pay Happy Camper’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
2. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties.
3. If any portion of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the maximum extent necessary so that the remaining portions of the Agreement will remain in full force and effect and enforceable.
4. If we fail to enforce any of this Agreement, it will not be considered a waiver of any further rights hereunder.
5. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
6. You will not transfer, sublicense or assign any of your rights or obligations under this Agreement to anyone else without our consent.
7. All of our rights and obligations under this Agreement, including the Agreement itself, are freely transferable or assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8. Nothing in this Agreement shall prevent us from complying with the law.
9. This Statement does not confer any third-party beneficiary rights.
10. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Happy Camper Live in any respect whatsoever.
11. We reserve all rights not expressly granted to you.
12. Happy Camper Live shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Happy camper Live’s reasonable control.
27. ELECTRONIC DELIVERY POLICY
By using this Site, you agree that we may provide to you required notices, agreements and other information concerning the Site electronically by posting on the home page of this Site or on the relevant web page.
28. Contacting Happy Camper Live
You may contact Happy Camper Live in the following ways:
Camp X, LLC
P.O. Box 33389, Palm Beach Gardens, FL 33418
Contact Us Page: