Disclaimer/Privacy Policy
1.
Acceptance
By accessing this site, you are subject to the terms and conditions of this Agreement
(the “Agreement”), and all applicable laws and regulations, including laws and
regulations governing copyright and trademark. BY ACCESSING THE SITE, YOU
ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE
TERMS AND CONDITIONS IN THIS AGREEMENT, AND EXPRESSLY AGREE
TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ANY OF THESE
TERMS, PLEASE DO NOT USE THE SITE.
2. Proprietary Rights
The contents of the Website, along with any associated software, and all Intellectual
Property Rights (as defined below) related thereto, are the exclusive property of
ABCD Camp, Inc. (the “Company”) and its licensors. Except as explicitly provided
herein, nothing in this Agreement shall be deemed to create a license in or under any
such Intellectual Property Rights, and you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit or create derivative works from any materials or content accessible on the
Site. Use of the content or materials on the Site for any purpose not expressly
permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent
rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and
service mark rights, goodwill, trade secret rights and other intellectual property rights
as may now exist or hereafter come into existence, and all applications therefore and
registrations, renewals and extensions thereof, under the laws of any state, country,
territory or other jurisdiction, relating to the Site, or any contents or materials related
thereto.
3.
Copyrights, Trademarks and Service Marks of Third Parties
The Site and all materials therein, including, without limitation, software, images,
text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights,
photographs, audio, videos and music (the "Content") are or may be protected under
United States and worldwide copyrights or other Intellectual Property Rights which
are owned or licensed, in whole or in part, by the Company. Content may not be
manipulated, edited, reproduced, performed, republished, posted, transmitted, sold,
transferred or otherwise distributed or exploited in any manner whatsoever from the
Site without our prior written consent, which may be withheld in our sole discretion.
Any manipulation of the Site or any portion thereof, or use of any of the Content for
any other purpose constitutes an infringement of our Intellectual Property Rights, or
of the Intellectual Property Rights of the respective owners of such Content. Any use
of any portion of this Site on any other web site or other networked computer
environment is prohibited without our prior written consent, which may be withheld
in our sole discretion. If you download or print a copy of the Content for personal use,
you must retain all copyright and other proprietary notices contained therein.
4. No Warranties
The Site contains information, facts and opinions from various individuals and
organizations, as well as links to other sites. THE SITE IS PROVIDED ON AN “AS
IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE
IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
NEITHER THE COMPANY NOR ITS AFFILIATES ENDORSE OR ARE
RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION,
ADVICE OR STATEMENT ON THE SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES
FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF
THIS SERVICE.
5. Limitation of Liability
Your use of the Site is at your own risk. UNDER NO CIRCUMSTANCES SHALL
THE COMPANY BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR
MISUSE OF AND/OR RELIANCE ON THE SITE, OR ITS ASSOCIATED
PRODUCTS AND SERVICES. YOU EXPRESSLY AGREE THAT SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF THE COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH
LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE,
PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM
THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED
THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED ON THE SITE, OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE PRODUCTS AND SERVICES. YOU HEREBY WAIVE ANY
AND ALL CLAIMS AGAINST THE COMPANY, AND ALL ITS SUBSIDIARIES,
AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT
OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE
THEREON.
6.
Indemnity
By using the Site, you agree to indemnify and defend the Company and its parents,
subsidiaries, affiliates, directors, officers, consultants, and employees and hold them
harmless from any and all claims and expenses, including attorney’s fees, arising
from your misuse of this Site.
7.
Third-Party Website Links
The Site may be a venue for content supplied by third parties to the Site. Accordingly,
the Company has no specific prior review process or editorial control over such
content. Any opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including information providers,
members or other user of the Site, are those of the respective parties and not
necessarily those of the Company. Neither the Company nor any third-party provider
of information guarantees the accuracy, completeness, or usefulness of any thirdparty content, nor its merchantability or fitness for any particular purpose.
8.
Confidentiality
Any communication or material you transmit or post to the Site by e-mail or
otherwise, including any data, questions, comments, or suggestions, is and will be
treated as non-confidential and non-proprietary. Anything you transmit or post may
be used by the Company and its affiliates for any purpose, including without
limitation, reproduction, disclosure, transmission, publication, broadcast, and posting.
The Company is free to use any ideas, concepts, know-how, or techniques contained
in any communication or material that you send to the Site for any purpose
whatsoever including, but not limited to, developing, manufacturing and marketing
products using such information.
9.
Disclaimer
There may be links established between the Site and other sites on the World Wide
Web or Internet which are not under the control of, or maintained by, the Company.
Such links do not necessarily constitute an endorsement by the Company of those
sites. The Company undertakes no obligation to monitor such sites, and you agree
that the Company is not responsible for the content of such sites, or any technical or
other problems associated with any such third-party site, links or usage. The
Company disclaims any warranties for other services or goods received through or
advertised on the Site or received through any links provided in the Site.
10.
Download Risks
You understand and agree that any material downloaded or otherwise obtained
through the use of the products and services is done at your own discretion and risk,
and that you will be solely responsible for any damages to your computer system or
loss of data that may result in the download of such material.
11.
Jurisdiction
This Disclaimer and any disputes arising out of or related to the Service and the Site
shall be governed by, and construed and enforced in accordance with, the laws of the
State of California.
12.
Sole Remedy
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
LIABILITY RELATING TO OR ARISING OUT OF THE SITE OR THIS
AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR
EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO
DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS
AGREEMENT.
13. Types of Information That May Be Collected
Information You Provide To Us
Personal information you provide us, such as a user ID and password, name, email
address, telephone number, physical address, birth date, gender, zip code or other
information may be collected via the Site.
Site Usage Information
We may receive and store certain types of information whenever you visit the Site.
For example, we may collect click-stream data and your IP address.
Email Communications
When you open emails from the Site, we may receive a confirmation noting you
opened the email, if your computer supports such capabilities. We also may keep
track of which emails we send you. Additionally, we may keep a record of what types
of emails you have opted to and not to receive.
Information from Other Sources
We may add information from other sources to your personal information.
14. How Information May Be Collected
We may collect information from you in different areas on the Site, including but not
limited to those described below:
Registration
You may be asked to complete a registration form and provide personally identifiable
information, including a user ID and password, to access certain features on the Site,
including, but not limited to, Newsletters, Contests, Forums, or other subscriptionbased or free services.
Newsletters and Site Emails
We may offer free newsletters to share information with you about the Site, school,
our partners, affiliates and subsidiaries, or our advertisers and sponsors. You may
receive a newsletter either by registering for a specific newsletter or in conjunction
with a special feature or membership for which you have registered on the Site. You
may cancel your free email subscription by following the instructions provided on the
Site or, in some instances, in the designated area of certain newsletters or emails.
Cookies
As with many Websites, the Site uses standard technology called "cookies," which
are small data files transferred to your computer when you allow your browser to
accept cookies. Cookies automatically identify your Web browser to the Site
whenever you visit the Site, and make the Site easier to use by saving your
passwords, purchases, and preferences. By tracking how and when you use the Site,
cookies help us determine which areas are popular and which are not. Many
improvements and updates to the Site are based on data obtained from cookies.
Accepting cookies allows you, among other things, to personalize your experience on
the Site. Cookies may also allow the Site to present to you advertising which may be
of interest to you. If you do not want information collected through the use of
cookies, you generally can opt out of providing this information by turning the
cookies off in your browser; however, some areas of the Site may not provide you
with a personalized experience if you disable the use of cookies.
IP Addresses and Click-stream Data
We may collect IP addresses and/or click-stream data for purposes of system
administration and to report aggregate information to our advertisers and sponsors.
An IP address is a number automatically assigned to your computer whenever you
access the Internet. Our computers identify your computer by its IP address. When
you request Web pages from the Site, our computers log your IP address. Clickstream data is information collected by our computers when you request Web pages
from the Site. Click-stream data may include such information as the page served, the
time, the source of the request, the type of browser making the request, the preceding
page view and other such non-personal information. This data helps us understand
how visitors arrive at the Site, what type of content is most popular, what type of
visitors in the aggregate are interested in particular kinds of content and advertising,
and the like.
15. How We Use the Collected Information
Personally identifiable information will not be sold or otherwise transferred on an
individual basis to unaffiliated third parties without the approval of the user at the
time of collection. As a user, you will have the opportunity to indicate whether you
would like to "opt out" of receiving promotional and/or marketing information about
other products, services and offerings from the Company and/or any third parties.
16. With Whom the Information May Be Shared
Legal Process: In the event we are required to respond to subpoenas, court orders or
other legal process your personally identifiable information may be disclosed
pursuant to such subpoena, court order or legal process, which may be without notice
to you.
Links to Other Web Sites
This Policy applies only to this Site. When you are on the Site you could be directed to
other sites beyond our control. For example, if you "click" on a banner advertisement,
you may be taken to a different Web site. This includes links from advertisers, sponsors
and others that may use the Site's logo as part of a co-branding agreement. These other
Web sites may send their own cookies to you, independently collect data or solicit
personal information and may or may not have their own published privacy policies. If
you visit a Website that is linked to our Site, you should consult that site's privacy policy
before providing any personal information. Please remember that when you use a link to
go from this Site to another web site, this privacy policy is no longer in effect.
A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
The Site is a general audience site. We do not currently collect any personal
information from children under the age of thirteen. If in the future, the Site
knowingly collects personally identifiable information from children, we will do so in
compliance with the Children's Online Privacy Protection Act of 1998 (15 U.S.C.
6501 et seq.) including, without limitation, obtaining necessary parental consents.
The Internet offers many entertaining and educational opportunities for children.
Parental guidance and supervision is necessary to ensure a safe and rewarding online
experience. A number of interactive features on the Site require registration to
participate or will require registration in the future to participate (e.g. site
registration/customization). In many cases, users may be required to enter their first
and last name, age, zip code and e-mail address. In some cases, users will be required
to select a special user name to be used as an identifier for the feature and must also
enter a password and a secret hint that will help us verify their identity if they forget
their password. If the Site determines that a person is under the age of thirteen, based
on the information provided during the registration process, that person will not be
permitted to register for features requiring the submission of personal information, in
accordance with the Children's Online Privacy Protection Act of 1998(15 U.S.C.
6501 et seq.). Children who indicate that they are under thirteen years old will not be
able to make credit card purchases or participate in interactive features on the Site
that involve the collection and retention of personal information and they will not be
contacted about special offers or promotions.
The Site works with (and may provide links to) third party sites. Such third parties
may permit children under the age of thirteen to register for these features on their
sites in accordance with their respective privacy policies. For more information,
please review the privacy policies of each respective third party site.
NOTIFICATION OF CHANGES AND YOUR
ACCEPTANCE OF THE POLICY
By using this Site, you agree to the terms of this Policy. All modifications or updates
will be posted on the Site. If at any point we decide to use personally identifiable
information in a manner different from that stated at the time it was collected, we will
notify you by email or some other means. Your continued use of the Site constitutes
your acceptance of such revised privacy policy. If you do not agree to this privacy
policy, please do not use our site.