“Site” refers to the camppedia.com website, any mobile apps, and other services provided by Camppedia Inc., a Delaware corporation.
“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site.
“Provider” and “Providers” refers to third party entities that create listings on the Site.
2. Accepting These Terms
The Terms are a legally binding contract between you and Camppedia Inc., a Delaware company (“Camppedia” for short).
This contract sets out your rights and responsibilities when you use camppedia.com, our mobile apps, and the other services provided by Camppedia (“Site” for short). By using any of our Site (even just browsing one of our websites), you’re agreeing to the Terms.
If you do not accept all of these terms and conditions, please do not use our Site.
As a condition of your use of our Site, you warrant that
- you are at least 18 years of age,
- you possess the legal authority to create a binding legal obligation,
- if representing a Provider, you possess the legal authority to create a binding legal obligation on behalf of the Provider,
- you will use our Site in accordance with our Terms,
- all information supplied by you is true, accurate, current and complete, and
- if you have a Camppedia account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the Site we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
3. Your Privacy
Both Camppedia and Providers process your personal information (for example, name, children information, email address). Each party is responsible for the personal information it processes in providing the Site. For example, if a Provider accidentally discloses your name and email address, the Provider, not Camppedia, will be responsible for that unauthorized disclosure.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as camp information, ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means content created by other users. “Camppedia Content” means Content created by Camppedia and make available in connection with the Site. “Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content and Camppedia Content.
Content that you create belongs to you – we don’t make any claim to it. We own the Camppedia Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to compilation of User Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content and User Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Camppedia Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.
4.3 Responsibility for Your Content
You understand that you are solely responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. You also agree to follow our rules which are detailed in a separate section.
4.3.1 General rules
You are fully responsible for your content, (specifically including, but not limited to, reviews). You are prohibited from posting or transmitting: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; ; and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Camppedia has the right to control (e.g. use, publish, remove) any content you submit without notice to you.
When submitting reviews you represent and warrant that:
- you own or otherwise control all of the rights to the Reviews that you post;
- as of the date of posting, the Reviews submitted are accurate;
- you will not intentionally or recklessly post information that could cause injury or offend any person or their business and in particular: you will not post any comments, information or material that is untrue; malicious; defamatory; abusive; obscene or could reasonably be taken as such;
- you will not act in any way to deceive or mislead and will not engage in or encourage any fraudulent or illegal activity;
- you will not post or distribute any information or material that is owned by any third party without the express written consent of such party to do so;
- you will not submit any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or Site).
Camppedia does not edit Reviews submitted and to the fullest extent permitted by law will not be in any way responsible or liable for such Reviews or their subsequent posting, use or distribution. In addition, Camppedia does not verify, endorse or approve the views or comments expressed in any Reviews which are the personal views of the individuals submitting them. Any decisions made on the basis of reviews or comments appearing on the service are taken at your own risk. From time to time Camppedia may offer customers incentives to leave Reviews (i.e. discount coupon, entry into prize draws etc.). It is important to us that Reviews are impartial and honest; these incentives will be available to customers regardless of whether the Review is positive or negative.
You acknowledge that Camppedia may choose to provide attribution of your comments or reviews (for example, listing the season when your child attended camp, your child’s age at the time of enrollment, or a verification of attendance mark if available) at our discretion.
You further grant Camppedia the right to pursue at law any person or entity that violates your or Camppedia’s rights in the Submissions by a breach of this Agreement.
Camppedia reserves the right for any reason in its sole discretion to refuse to post or remove (without notice) any Reviews. Amongst other things, this includes situations where Camppedia receives a third party complaint and/or has reason to believe that there has been a breach of these terms and conditions.
As a Provider you warrant that you’re not engaged in efforts to bias reviews, such as compensating customers for positive reviews.
If you have a complaint about any reviews, comments or material posted on this website you should put such complaint in writing (giving as much information as possible about the circumstances) and submit it at email@example.com.
Note that Camppedia reserves the right to ask for further information in relation to the nature of such a complaint and, if necessary, may ask you to verify your identify.
4.3.3 Additional Requirements for Content created as a Provider
As a provider publishing camp information you represent and warrant that:
- The information is accurate at the time of posting
- You make updates to the information in a timely manner
- If you are signed up for a service tier that requires availability information you will ensure availability information is updated frequently, preferably on a daily basis and that you will update the status to “full” no later than one business day after your camp reaches capacity.
- Pricing information provided on Camppedia will represent best possible pricing available. For example – you will not list a higher price on Camppedia than you offer if somebody calls you directly or walks in; if you offer a discount through a flyer or magazine ad that discount is will also be made available on Camppedia.
4.3.4 Permission to Use Your Content (Rights you grant Camppedia)
By posting Your Content through our Site, you grant Camppedia a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it. (And here is the legalese version). By posting Your Content, you grant Camppedia a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Site and to promote Camppedia, Camppedia listings, or the Site in general, in any formats and through any channels, including across any Camppeida Site, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
4.3.5 Camppedia Content
Camppedia will from time to time gather content from public sources about camps. While we do our best to ensure this content is accurate and up to date we assume no responsibility for any errors, omissions, or misrepresentations. Camppedia created listings do not represent an endorsement of the services described in those listings. You assume all risks associated with your reliance on its quality, accuracy, or reliability.
5. Use of Content available on Camppedia
You may not modify, reproduce, distribute, transmit, sell, re-sell, or create derivative works or adaptations of, publicly display or in any way exploit any of the User Content or Camppedia Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Camppedia Content are retained by us.
The Site and the Content are protected by U.S. and/or international intellectual property and/or proprietary rights laws, which may include copyright, trademark, patent or trade secret rights.
All brands, names, logos, product and service names, designs and slogans incorporated into the Site (collectively the “Camppedia Marks”) are owned by Camppedia or Providers. You may not use the Camppedia Marks without Camppedia’s prior written permission.
6. Your Use of Our Site
License to Use Our Site. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Site—subject to the Terms and the following restrictions in particular:
- Don’t Use Our Site to Break the Law. You agree that you will not violate any laws in connection with your use of the Site. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your camp requires ; you may not sell anything that violates any laws; you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Camppedia, another camppedia user, or a third party.
- Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Site or to reverse engineer or attempt to obtain the source code of the Site. You will not access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
- Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Site, for example by distributing a virus or other harmful computer code.
- Follow Our Trademark Policy. The names “Camppedia” and the other Camppedia marks, phrases, logos, and designs that we use in connection with our Site, are trademarks, service marks, or trade dress of Camppedia in the US and other countries.
- Pay Your Bills. You are responsible for paying all fees that you owe to Camppedia in accordance to these Terms and any additional agreements.
- Electronic communications. From time to time, Camppedia will provide you with certain legal information in writing. By using our Site, you’re agreeing that we can send you information electronically (by email, etc.) instead of mailing you paper copies, and that your electronic agreement is the same as your signature on paper.
7. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Services You Purchase either directly or indirectly through the Site. You understand that Camppedia does not provide or inspect any of the services described or sold through our Site. We provide the venue; the services are sold directly by independent providers, so Camppedia cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to a service you purchase must be brought directly against the provider of the item. You release Camppedia from any claims related to services described or sold through our Site, including for misrepresentations by Providers.
Content You Access. You may come across materials that you find offensive, inaccurate, or inappropriate while using our Site. We make no representations concerning any content posted by users through the Site. Camppedia is not responsible for the accuracy, copyright compliance, legality, reputational harm, or decency of content posted by users that you accessed through the Site. You release us from all liability relating to that content. Additionally, you release us from all liability relating to Camppedia Content.
People You Interact With. You can use the Site to interact with other individuals. However, you understand that we do not screen users of our Site, and you release us from all liability relating to your interactions with other users.
Warranties. Camppedia is dedicated to making our Site the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Site are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the Site will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Site will be free of viruses or other harmful materials; or (iv) the results of using the Site will meet your expectations. You use the Site solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither Camppedia, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Site or these Terms. In no event shall Camppedia’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Camppedia in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
8. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if Camppedia gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Camppedia (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Site, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
9. Disputes with Other Users
If you find yourself in a dispute with another user of Camppedia’s Site or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Release of Camppedia. You release Camppedia from any claims, demands, and damages arising out of disputes with other users or parties.
10. Disputes with Camppedia
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Site:
10.1 Governing Law
The Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
You and Camppedia agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis–class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Camppedia are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
10.3 Costs of Arbitration.
Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $100, Camppedia will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
11. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Site or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Site. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Site following the changes constitutes your acceptance of the updated Terms.
12. Provider Fees and Payments General Rules
12.1 Transaction Fees
Campepdia offers several tiers of services for Providers. Standard descriptions of these tiers and associated pricing can be found on the Site. Unless a separate agreement is reached between a Provider and Camppedia – the fee structure outlined on the Site will be applicable.
12.2 Fee Avoidance
Any action by a Provider to avoid paying a fee is considered fee avoidance and is strictly prohibited by Camppedia. This includes, for example, discouraging potential buyers from using our Site or using contact information gathered through Camppedia to conduct marketing and sales efforts outside of the platform (e.g. taking an email address obtained through Camppedia and adding it to a direct email campaign) unless the Provider has obtained express consent.
12.3 Paying your Camppedia Bill
Unless a separate agreement is reached between a Provider and Camppedia , Camppedia will send a bill at the beginning of each month. The Camppedia bill will detail the amount due for the prior month’s fees. You are responsible for paying your Camppedia bill in full within 30 days of the date of the invoice, or the account will be considered past due.
13. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Camppedia regarding the Site. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.