| Summer Camps : All About Us : Our Company : Terms of Service
Terms of Service Welcome to
MySummerCamps.com. We provide service to you, subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time without notice to
you. You can review the most current version of the TOS at any time on this
page. In addition, when using particular MySummerCamps.com services, you and
MySummerCamps.com shall be subject to any posted guidelines or rules applicable
to such services which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the TOS. MySummerCamps.com also
may offer other services from time to time that are governed by different Terms
of Services, which will be posted with that service. Description of Service MySummerCamps.com
currently provides users with access to a rich collection of resources,
including, various communications tools, forums, shopping services, personalized
content and branded programming through its network of properties (the
"Service"). Any paid aspects of the formentioned service will
become available to the user upon receipt of payment. In the case where
information is to be posted on our website, there is a 24 hour validation
period before the content goes live. You also
understand and agree that the Service may include advertisements and that these
advertisements are necessary for MySummerCamps.com to provide the Service. You
also understand and agree that the service may include certain communications
from MySummerCamps.com, such as service announcements, administrative messages
and that these communications are considered part of MySummerCamps.com
membership. Unless explicitly
stated otherwise, any new features that augment or enhance the current Service,
including the release of new MySummerCamps.com properties, shall be subject to
the TOS. You understand and agree that the Service is provided "AS-IS" and that
MySummerCamps.com assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings. You are
responsible for obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service. Your Registration Obligations In consideration
of your use of the Service, you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's
registration form (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete, or
MySummerCamps.com has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, MySummerCamps.com has the right
to suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof). MySummerCamps.com Privacy Policy Registration Data
and certain other information about you is subject to our Privacy Policy. For
more information, see our full
privacy policy. Member Conduct You understand
that all information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not MySummerCamps.com, are entirely
responsible for all Content that you upload, post, e-mail, transmit or otherwise
make available via the Service. MySummerCamps.com
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will MySummerCamps.com be
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 Service. You agree to not
use the Service to: | a. | upload, post, e-mail, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable; | | b. | harm minors in any way; | | c. | impersonate any person or entity, including, but not limited
to, a MySummerCamps.com official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity; | | d. | forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service; | | e. | upload, post, e-mail, transmit or otherwise make available any
Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements); | | f. | upload, post, e-mail, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party; | | g. | upload, post, e-mail, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose; | | h. | upload, post, e-mail, transmit or otherwise make available any
material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; | | i. | disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act in
a manner that negatively affects other users' ability to engage in real time
exchanges; | | j. | interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service; | | k. | intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law; | | l. | "stalk" or otherwise harass another; or | | m. | collect or store personal data about other users. | 
You acknowledge
that MySummerCamps.com does not pre-screen Content, but that MySummerCamps.com
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 Service.
Without limiting
the foregoing, MySummerCamps.com and its designees shall have the right to
remove any Content that violates the TOS 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 MySummerCamps.com or submitted to MySummerCamps.com,
including without limitation, all other parts of the Service. You acknowledge
and agree that MySummerCamps.com 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 TOS; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property, or personal
safety of MySummerCamps.com, its users and the public. You understand
that the technical processing and transmission of the Service, 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.
Special Admonitions for International Use Recognizing the
global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data
exported from the United States
or the country in which you reside. Contents Submitted or Made Available for Inclusion of the Service MySummerCamps.com
does not claim ownership of Content you submit or make available for inclusion
on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant
MySummerCamps.com the following world-wide, royalty free and non-exclusive
license(s), as applicable:  With
respect to Content you submit or make available for inclusion on publicly
accessible areas of MySummerCamps.com, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purposes of providing and promoting the specific
MySummerCamps.com service. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at the time
you remove or MySummerCamps.com removes such Content from the Service. With
respect to photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible area of the Service, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purpose for which such Content was
submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the
time you remove or MySummerCamps.com removes such Content from the Service.
With
respect to Content other than photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible areas of the Service, the
perpetual, irrevocable and fully sublicensed license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed. "Publicly
accessible" areas of the Service are those areas of the MySummerCamps.com
network of properties that are intended by MySummerCamps.com to be available to
the general public. Indemnity You agree to
indemnify and hold MySummerCamps.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of another. No Resale of Service You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service, or access to the Service. Modifications to Service MySummerCamps.com
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that MySummerCamps.com shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
Termination You agree that
MySummerCamps.com, in its sole discretion, may remove and discard any Content
within the Service, for any reason, including, without limitation if
MySummerCamps.com believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. MySummerCamps.com
may also in its sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that MySummerCamps.com
may immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files or the
Service. Further, you agree that MySummerCamps.com shall not be liable to you or
any third-party for any termination of your access to the Service. Refund If for any reason
you are not satisfied with your listing on MySummerCamps.com, you can request a
full refund within the first 30 days of your order being placed.
Dealings with Advertisers Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that MySummerCamps.com shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service. Links The Service may
provide, or third parties may provide, links to other World Wide Web sites or
resources. Because MySummerCamps.com has no control over such sites and
resources, you acknowledge and agree that MySummerCamps.com is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that MySummerCamps.com shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource. MySummerCamps.com's Proprietary Rights You acknowledge
and agree that the Service and any necessary software used in connection with
the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or
information presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and
laws. Except as
expressly authorized by MySummerCamps.com or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part. MySummerCamps.com
grants you a personal, non-transferable and non-exclusive right and license to
use the object code of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the interface
that is provided by MySummerCamps.com for use in accessing the Service. Disclaimer of Warranties YOU EXPRESSLY
UNDERSTAND AND AGREE THAT: | a. | YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYSUMMERCAMPS.COM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. | | b. | MYSUMMERCAMPS.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED. | | c. | ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. | | d. | NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM MYSUMMERCAMPS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
Limitation of Liability YOU EXPRESSLY
UNDERSTAND AND AGREE THAT MYSUMMERCAMPS.COM SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF MYSUMMERCAMPS.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE. Exclusions and Limitations SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. Special Admonitions for Services Relating to Financial Matters If you intend to
create or join any service, receive or request any news, messages, alerts or
other information from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections 17 and 18 again. They
go doubly for you. In addition, for this type of information particularly, the
phrase "Let the investor beware" is apt. The Service is provided for
informational purposes only, and no Content included in the Service is intended
for trading or investing purposes. MySummerCamps.com and its licensors shall not
be responsible or liable for the accuracy, usefulness or availability of any
information transmitted or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions made based on such
information. Notice Notices to you
may be made via either e-mail or regular mail. The Service may also provide
notices of changes to the TOS or other matters by displaying notices or links to
notices to you generally on the Service. Trademark Information MySummerCamps.com
trademarks and service marks, and other MySummerCamps.com logos and product and
service names are trademarks of Target Directories Corporation. Without
MySummerCamps.com's prior permission, you agree not to display or use in any
manner, the MySummerCamps.com Marks. Copyrights and Copyright Agents MySummerCamps.com
respects the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please provide MySummerCamps.com's Copyright Agent the following
information: -
an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or other
intellectual property interest; -
a description of the copyrighted work or other
intellectual property that you claim has been infringed; -
a description of where the material that you
claim is infringing is located on the site; your address, telephone number, and
e-mail address; -
a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; -
a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf. General Information The TOS
constitute the entire agreement between you and MySummerCamps.com and govern
your use of the Service, superceding any prior agreements between you and
MySummerCamps.com. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or
third-party software. The TOS and the
relationship between you and MySummerCamps.com shall be governed by the laws of
the Province
of Ontario without regard to its conflict of law provisions. You and
MySummerCamps.com agree to submit to the personal and exclusive jurisdiction of
the courts located within Toronto, Ontario. The failure of MySummerCamps.com to
exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision
of the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred. The section
titles in the TOS are for convenience only and have no legal or contractual
effect. Violations Please report any
violations of the TOS to our
Webmaster. Unless
specifically agreed to in writing by the publisher, the rates stated in this
site shall supersede and control any contrary provision of any order or
instructions. The advertiser
and/or its advertising agency shall be jointly and severally liable for all
moneys due and payable to the publisher for advertising which the advertiser or
its agency ordered and which was published. If payment is not
received by the publisher on or before the due date stated on an invoice, the ad
may be removed and the advertiser may be responsible for, in addition to the
normal rates, surcharges and late payment fees. mySummerCamps.com
65 Samor Road
Toronto, ON M6A 1J2
Telephone: 416-544-9925
Facsimile: 416-850-9908
Toll-Free: 877-777-7738
Email:info@mySummerCamps.com
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