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1. ACCEPTANCE OF TERMS
Welcome to Camp Fire USA’s public Web site. Camp Fire USA
National Headquarters provides its service to you, subject
to the following Terms of Service (TOS), which may be updated
from time to time without notice to its users. When using
particular site services, users and Camp Fire USA National
Headquarters shall be subject to any posted guidelines or
rules applicable to such services. All such guidelines or
rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Camp Fire USA National Headquarters currently provides users
with access to a rich collection of online resources, including
various communications tools, online forums, shopping services
and personalized content through its network of properties
(the “Service”). Unless explicitly stated otherwise, any
new features that augment or enhance the current Service,
including the release of new Camp Fire USA properties, shall
be subject to the TOS. You understand and agree that the
Service is provided “AS-IS” and that Camp Fire USA assumes
no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization
settings.
In order to use the Service, you must obtain access to the
World Wide Web (WWW), either directly or through devices
that access Web-based content, and pay any service fees
associated with such access. In addition, you must provide
all equipment necessary to make such connection to the WWW,
including a computer and modem or other access device.
3. 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 Camp Fire USA has reasonable grounds to
suspect that such information is untrue, inaccurate, not
current or incomplete, Camp Fire USA 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) by
you. Camp Fire USA is concerned about the safety and privacy
of all its users, particularly youth.
4. CAMP FIRE USA PRIVACY POLICY
Registration Data and certain other information about you
is subject to our Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service’s registration process. You are responsible
for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately
notify Camp Fire USA of any unauthorized use of your password
or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session.
Camp Fire USA cannot and will not be liable for any loss
or damage arising from your failure to comply with requirements
in Section 5.
6. 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 Camp Fire USA, are entirely responsible for
all Content that you upload, post, e-mail, transmit or otherwise
make available via the Service. Whereas Camp Fire USA does
control the Content posted via the Service and, as such,
Camp Fire USA cannot always guarantee the accuracy, integrity
or quality of such Content. Under no circumstances will
Camp Fire USA be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content,
or any loss or damage of any kind incurred as a result of
the use of any Content posted, e-mailed, 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 Camp Fire USA 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. 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;
j. 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;
k. “stalk” or otherwise harass another user; or
l. collect or store personal data about other users.
You acknowledge that Camp Fire USA does pre-screen some
Content, and that Camp Fire USA 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, Camp Fire USA 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 Camp Fire USA or submitted to Camp
Fire USA, including without limitation information in the
Alumni Web site Scrapbook and in all other parts of the
Service.
You acknowledge and agree that Camp Fire USA 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 Camp
Fire USA Alumni Web site, 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.
7. 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.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON
THE SERVICE
Camp Fire USA 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 Camp Fire USA 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 Camp Fire USA’s
Web site, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content
on the Service will be used solely for the purposes of providing
and promoting Camp Fire USA to 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 Camp
Fire USA 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 will be used 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 Camp Fire USA 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 other than the Camp Fire
USA’s Official Alumni Web site Scrapbook, Camp Fire USA
holds the perpetual, irrevocable and fully sublicensable
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 Camp Fire USA network of properties that are intended
by Camp Fire USA to be available to the general public.
By way of example, publicly accessible areas of the Service
would include portions of the national Web site that are
open to both members and visitors. However, publicly accessible
areas of the Service would not include portions of the Camp
Fire USA Web site that are limited to members only, Camp
Fire USA services intended for private communication such
as private electronic mail or areas off of the Camp Fire
USA network of properties such as portions of World Wide
Web that are accessible through Camp Fire USA network of
Web sites, but are not hosted or served by Camp Fire USA.
9. INDEMNITY
You agree to indemnify and hold Camp Fire USA, 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.
10. 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.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Camp Fire USA may establish general
practices and limits concerning use of the Service, including
without limitation the maximum number of days that e-mail
messages, message board postings or other uploaded Content
will be retained by the Service, the maximum size of any
e-mail message that may be sent from or received by an account
on the Service, the maximum disk space that will be allotted
on Camp Fire USA’s servers on your behalf, and the maximum
number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree
that Camp Fire USA has no responsibility or liability for
the deletion or failure to store any messages and other
communications or other Content maintained or transmitted
by the Service. You acknowledge that Camp Fire USA reserves
the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that Camp Fire USA
reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without
notice.
12. MODIFICATIONS TO SERVICE
Camp Fire USA 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 Camp Fire USA shall not be liable to you
or to any third party for any modification, suspension or
discontinuance of the Service.
13. TERMINATION
You agree that Camp Fire USA, in its sole discretion, may
terminate your password, account (or any part thereof) or
use of the Service, and remove and discard any Content within
the Service, for any reason, including, without limitation,
if Camp Fire USA believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. Camp
Fire USA 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 Camp Fire USA 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 Camp Fire USA shall not
be liable to you or any third-party for any termination
of your access to the Service.
14. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because Camp
Fire USA has no control over such sites and resources, you
acknowledge and agree that Camp Fire USA 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 Camp Fire USA 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.
15. CAMP FIRE USA 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 Camp
Fire USA 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.
16. 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. CAMP
FIRE USA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. CAMP FIRE USA 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 Camp Fire USA OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE “TOS.”
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAMP FIRE USA 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 CAMP FIRE USA 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.
18. 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 16 AND 17 MAY NOT APPLY
TO YOU.
20. NOTICE
Notices to you may be made either via 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.
21. TRADEMARK INFORMATION
Camp Fire USA, the Camp Fire USA logo, Camp Fire USA Official
Alumni Web site logo and product and service names are trademarks
of Camp Fire USA (the “Camp Fire USA Marks”). Without prior
permission from Camp Fire USA, you agree not to display
or use in any manner, the Camp Fire USA Marks.
22. COPYRIGHTS AND COPYRIGHT AGENTS
Camp Fire USA 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, please provide Camp Fire USA Copyright Agent
the following information (“Notice”):
a. an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim
has been infringed;
c. a description of where the material that you claim is
infringing is located on the site;
d. your address, telephone number, and e-mail address;
e. 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;
f. a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright owner or are
authorized to act on the copyright owner’s behalf.
Camp Fire USA’s Copyright Agent for Notice of Claims of
copyright infringement can be reached as follows:
Copyright Agent for Notice of Claims
Camp Fire USA National Headquarters
1100 Walnut Street, Suite 1900
Kansas City, Missouri 64106-2197
Telephone: 816 285 2010
Fax: 816 285 9444
E-mail: info@campfireusa.org
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
Camp Fire USA and govern your use of the Service, superceding
any prior agreements between you and Camp Fire USA. 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 Camp Fire USA shall be governed by the laws of the
State of Missouri without regard to its conflict of law
provisions. You and Camp Fire USA agree to submit to the
personal and exclusive jurisdiction of the courts located
within the county of Jackson, state of Missouri, United
States. The failure of Camp Fire USA 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.
24. VIOLATIONS
Please report any violations of the TOS by contacting Camp
Fire USA National Headquarters,
816 285 2010, info@campfireusa.org.
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Copyright © 2005 Camp Fire USA. All rights reserved.
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