Terms of Use
Date of Last Revision: March 20, 2008.
Welcome to SmoreCamp, a social utility that connects you with the people around you. The SmoreCamp service and network (collectively, "SmoreCamp" or "the Service") are operated by SmoreCamp LLC and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.SmoreCamp.com you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of SmoreCamp. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
Please choose carefully the information you post on SmoreCamp.com and that you provide to other Users. Your SmoreCamp.com profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other SmoreCamp.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and SmoreCamp.com assumes no responsibility or liability for this material. If you become aware of misuse of the SmoreCamp Services by any person, please contact SmoreCamp or click on the "Report Abuse" link on the SmoreCamp.com page.
SmoreCamp.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the SmoreCamp Services at any time, for any or no reason, with or without prior notice, and without liability. SmoreCamp expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of SmoreCamp Services if SmoreCamp determines, in its sole discretion, that you pose a threat to SmoreCamp and/or its Users.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. Eligibility. Use of and Membership in the SmoreCamp Services is void where prohibited. By using the SmoreCamp Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the SmoreCamp Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the SmoreCamp Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. SmoreCamp.com may terminate your Membership at any time, without warning. Even after Membership is terminated, all aspects of this Agreement will remain in effect.
3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify SmoreCamp.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Proprietary Rights in Content on SmoreCamp.com.
a) SmoreCamp.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the SmoreCamp Services. After posting your Content to the SmoreCamp Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the SmoreCamp Services, you hereby grant to SmoreCamp.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the SmoreCamp Services. Without this license, SmoreCamp.com would be unable to provide the SmoreCamp Services. For example, without the right to modify Member Content, SmoreCamp.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, SmoreCamp.com could not allow Users to listen to music posted by Members. The license you grant to SmoreCamp.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to SmoreCamp.com), fully-paid and royalty-free (meaning that SmoreCamp.com is not required to pay you for the use on the SmoreCamp Services of the Content that you post), sublicensable (so that SmoreCamp.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the SmoreCamp Services), and worldwide (because the Internet and the SmoreCamp Services are global in reach). This license will terminate at the time you remove your Content from the SmoreCamp Services. The license does not grant SmoreCamp.com the right to sell your Content, nor does the license grant SmoreCamp.com the right to distribute your Content outside of the SmoreCamp Services.
b) You represent and warrant that: (i) you own the Content posted by you on or through the SmoreCamp Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the SmoreCamp Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the SmoreCamp Services.
c) The SmoreCamp Services contain Content of SmoreCamp.com ("SmoreCamp.com Content"). SmoreCamp.com Content is protected by copyright, trademark, patent, trade secret and other laws, and SmoreCamp.com owns and retains all rights in the SmoreCamp.com Content and the SmoreCamp Services. SmoreCamp.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the SmoreCamp.com Content (excluding any software code) solely for your personal use in connection with viewing the SmoreCamp Website and using the SmoreCamp Services.
d) The SmoreCamp Services contain Content of Users and other SmoreCamp.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the SmoreCamp Services.
5. Content Posted
a) SmoreCamp.com may delete any Content that in the sole judgment of SmoreCamp.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. SmoreCamp.com assumes no responsibility for monitoring the SmoreCamp Services for inappropriate Content or conduct. If at any time SmoreCamp.com chooses, in its sole discretion, to monitor the SmoreCamp Services, SmoreCamp.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
b) You are solely responsible for the Content that you post on or through any of the SmoreCamp Services, and any material or information that you transmit to other Members and for your interactions with other Users. SmoreCamp.com does not endorse and has no control over the Content. Content is not necessarily reviewed by SmoreCamp.com prior to posting and does not necessarily reflect the opinions or policies of SmoreCamp.com. SmoreCamp.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
6. Non-commercial Use by Members. The SmoreCamp Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by SmoreCamp.com. Illegal and/or unauthorized use of the SmoreCamp Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the SmoreCamp Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the SmoreCamp Services.
7. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the SmoreCamp Services. SmoreCamp.com reserves the right to investigate and take appropriate legal action against anyone who, in SmoreCamp.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the SmoreCamp Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of SmoreCamp.com:
a) Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b) Harasses or advocates harassment of another person, also sometimes known as “cyber-bullying”;
c) Exploits people in a sexual or violent manner;
d) Contains nudity, violence, or offensive subject matter or contains a link to an adult website;
e) Solicits personal information from anyone under 18;
f) Provides any telephone numbers, street addresses, last names, URLs or email addresses;
g) Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
h) Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
i) Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
j) Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
k) Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
l) Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
m) Includes a photograph of another person that you have posted without that person's consent; or
n) Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
The following is a partial list of the kind of activity that is illegal or prohibited on the SmoreCamp Website and through your use of the SmoreCamp Services. SmoreCamp.com reserves the right to investigate and take appropriate legal action against anyone who, in SmoreCamp.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
a) Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
b) Any automated use of the system, such as using scripts to add friends or send comments or messages;
c) Uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
d) Interfering with, disrupting, or creating an undue burden on the SmoreCamp Services or the networks or services connected to the SmoreCamp Services;
e) Attempting to impersonate another Member or person;
f) Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
g) Selling or otherwise transferring your profile;
h) Using any information obtained from the SmoreCamp Services in order to harass, abuse, or harm another person, also sometimes known as “cyber-bullying”;
i) Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the SmoreCamp Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose;
j) Uploading, posting, transmitting, sharing, storing or otherwise making available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type; or,
k) Using the SmoreCamp Services in a manner inconsistent with any and all applicable laws and regulations.
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of SmoreCamp.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to SmoreCamp.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the SmoreCamp Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the SmoreCamp Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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 authorized to act on the copyright owner's behalf. SmoreCamp.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, SmoreCamp LLC, PO Box 491011, Los Angeles, CA 90049; Attn: Copyright Agent; and email: report@SmoreCamp.com.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, SmoreCamp has adopted a policy of terminating, in appropriate circumstances and at SmoreCamp' sole discretion, members who are deemed to be repeat infringers. SmoreCamp may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9. Member Disputes. You are solely responsible for your interactions with other SmoreCamp.com Members. SmoreCamp.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. Privacy. Use of the SmoreCamp Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
11. Disclaimers. SmoreCamp.com is not responsible for any incorrect or inaccurate Content posted on the SmoreCamp Website or in connection with the SmoreCamp Services, whether caused by Users of the SmoreCamp Services or by any of the equipment or programming associated with or utilized in the SmoreCamp Services. Profiles created and posted by Members on the SmoreCamp Website may contain links to other websites. SmoreCamp.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by SmoreCamp.com. Inclusion of any linked website on the SmoreCamp Services does not imply approval or endorsement of the linked website by SmoreCamp.com. When you access these third-party sites, you do so at your own risk. SmoreCamp.com takes no responsibility for third party advertisements that are posted on this SmoreCamp Website or through the SmoreCamp Services, nor does it take any responsibility for the goods or services provided by its advertisers. SmoreCamp.com is not responsible for the conduct, whether online or offline, of any User of the SmoreCamp Services. SmoreCamp.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. SmoreCamp.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the SmoreCamp Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the SmoreCamp Services. Under no circumstances shall SmoreCamp.com be responsible for any loss or damage, including personal injury or death, resulting from use of the SmoreCamp Services, attendance at a SmoreCamp.com event, from any Content posted on or through the SmoreCamp Services, or from the conduct of any Users of the SmoreCamp Services, whether online or offline. The SmoreCamp Services are provided "AS-IS" and as available and SmoreCamp.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SmoreCamp.com cannot guarantee and does not promise any specific results from use of the SmoreCamp Services.
12. Limitation on Liability. IN NO EVENT SHALL SmoreCamp.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SmoreCamp.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SmoreCamp.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SmoreCamp.COM FOR THE SmoreCamp SERVICES DURING THE TERM OF MEMBERSHIP.
13. U.S. Export Controls. Software available in connection with the SmoreCamp Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the SmoreCamp Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
14. Disputes. If there is any dispute about or involving the SmoreCamp Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either SmoreCamp.com or you may demand that any dispute between SmoreCamp.com and you about or involving the SmoreCamp Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent SmoreCamp.com from seeking injunctive relief in a court of competent jurisdiction.
15. Indemnity. You agree to indemnify and hold SmoreCamp.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the SmoreCamp Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the SmoreCamp Website or through the SmoreCamp Services causes SmoreCamp.com to be liable to another.
16. Other. This Agreement is accepted upon your use of the SmoreCamp Website or any of the SmoreCamp Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and SmoreCamp.com regarding the use of the SmoreCamp Services. The failure of SmoreCamp.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. SmoreCamp.com is a trademark of SmoreCamp, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: report@SmoreCamp.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.