PLEASE READ THESE TERMS OF SERVICE CAREFULLY. If you disagree with any part of these Terms of Service, please refrain from using our Site. We may modify these Terms of Service from time to time in our sole discretion, and will post the effective date of any version of these Terms at the end of these Terms. You should not continue using this Site if you do not agree with the version of the Terms in effect at that time. By continuing to use the Site, you agree and accept the version of the Terms in effect at that time.
The terms “Camp NYC”, “Camp”, “us” or “we” refers to Camp NYC, Inc., the owner of this Site and the business we operate in connection with the Site and in our various store locations (“Stores”). The term “you” refers to you, as a User of our Site.
By continuing to browse or use this website or any mobile application or services made available through Camp (collectively, the “Site”), participate in an Activity and/or and enter our Stores, you are agreeing to comply with and be bound by the following terms and conditions of use (the “Terms of Service” or “Terms”), which together with our Privacy Policy govern Camp’s relationship with you in relation to the Site. When you access, browse, register, create an account, make a purchase or use the Site in any way, you become a “User”.
1. The Camp Site
1.1 Eligibility. To create a user account on the Site, you must be in the United States of America, 13 years or older and have the power and authority to enter into these Terms. You may not access or use the Site if we have previously banned you from the Site.
1.2 Permission to Use the Site . We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk.
1.3 Site Availability. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
2. Services Provided
2.1 Overview. You can make purchases and registrations through the Site. All purchases will be processed by our third party payment processor as described in Section 6 below.
2.2 Site Accounts. By creating an account on the Site, you’ll have access to certain Camp services and products. The information we collect in connection with creating your account, and how we use that information, is set forth in more detail in our Privacy Policy. The term “account” as used herein includes a Site user’s record associated with an email address used for purchases and/or registrations made on the Site.
2.3 In-Store and Online Experience . Your participation in Camp’s in-Store experience, including shows, activities, activities outside Stores and online activities, including parties and celebrations, is subject to certain terms and conditions set forth in Section 3 below. The word “Activity” as used in these Terms means Camp’s in-Store Experience, including shows, activities, activities outside Stores and online activities, including parties and celebrations, purchased (including at no cost) and/or registered through the Site.
2.4 Membership Programs. Camp may offer, end, or change membership programs at any time pursuant to written terms provided by Camp outside of these Terms.
2.5 No Refunds. Purchases made through the Site are non-refundable, except to the extent otherwise stated in written terms of purchase provided by Camp outside of these Terms.
3. In-Store and Online Experience
When used in this section, the terms “you” and “your” include you as well as any child under your supervision or your caretaker’s supervision in our Store, or for whom you purchase and/or register an Activity through this Site. You represent and warrant that you are the parent or legal guardian of any child under the age of 13 for whom you purchase and/or register an Activity through this Site, and you acknowledge and accept that such purchase and/or register is expressly conditioned upon your acceptance and compliance with these Terms.
Your purchase of an Activity is a revocable license that may be canceled at any time. If we cancel or reschedule an activity, and your registration is not transferred to another Activity, we will issue a refund of any fees you paid for such registration. We may refuse you admission to, or remove you from, any Activity at any time, in our sole discretion, and without any refund to you, if you violate these Terms or otherwise present, or threaten to present, a risk to the orderly operation of an Activity or our Store, or to the health and safety of our customers or staff. You and your belongings may be searched on entry to the Activity. You consent to such searches and waive any related claims that may arise. If you do not consent to such searches, you may be denied entry to the Activity without refund or other compensation.
You agree that your appearance and actions inside and outside of our Store, including where Activities occur (including on the Internet), are public in nature, and that you have no expectation of privacy with regard to your actions or conduct in our Store or outside of our Store (including on the Internet) in connection with an Activity. You grant us permission to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of or at our Store and Activities taking place within our Store or outside of our Store (including on the Internet), for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
You agree to comply with the following rules at all times while visiting our Store or attending an Activity unless otherwise provided Camp in writing:
You must comply with posted signs and rules (including on the Site, in our Stores and/or in email or other written correspondence provided by Camp) and verbal instruction from our staff;
All children must be accompanied by a parent or adult caregiver at all times;
Parents and caregivers are responsible for the safety, supervision and conduct of their children;
Rough play, fighting, obscenity, hatefulness and bullying are not permitted;
We reserve the right to refuse you entry to, and/or remove you from, our Store or an Activity at any time, as our staff deems necessary to protect our property and the safety and health of our customers and staff; and
We are not responsible for loss, theft or damage to your property. You should not leave personal belongings unattended.
You acknowledge, appreciate and understand that there are inherent risks associated with participation in the interactive elements at our Store or an Activity, which include illness, injury, paralysis and death. You knowingly, voluntarily and freely assume all such risks, both known and unknown, including any such risks that arise due to the actions or inactions of other Store customers and Activity participants. You, on behalf of yourself and your heirs, assigns and representatives, agree to hold harmless and indemnify us, our affiliates, officers, members, directors, employees, agents, business partners and clients, successors and assigns from, and release and waive, any and all claims, liabilities, damages, costs, expenses or judgments arising from or relating to your participation in the interactive elements at our Store or an Activity.
4. General Terms
4.1 Privacy Policy. We care about your privacy. Our Privacy Policy is posted at this Site, and is a part of these Terms of Service and incorporated herein by reference.
4.2 Responsibility for Your User Account . If you create an account and provide certain information about yourself in order to use some of the features that are offered through the Site, you are responsible for maintaining the confidentiality of your account login information (e.g. email address and password, if applicable). You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
4.3 Using Your Account. In creating an account, we ask that you provide complete and accurate information. You may not impersonate someone else (e.g., adopt the identity of a celebrity or a friend), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information, use the same account information on other sites, or allow other sites to share information about you with Camp.
4.4 Your Information Is Accurate . You represent and warrant to us that any information you provide to Camp, including any contact information, is accurate and that you will keep it accurate and up to date. If you do not wish to input certain information due to personal concerns, then please omit this information when you register for and use the Site.
4.5 Communications from Camp. By creating an account, you agree to receive communications we send in connection with the Site. For example, you may receive occasional updates about special promotions and events. Such communications may be sent by email, text message or other means. So long as you have an account on the Site, we reserve the right to communicate with you about important administrative issues relating to your account (including orders you place, technical, security-related, privacy and functional issues).
4.6 Mobile Phone Use. You are responsible for all fees charged by third parties to access and use the Site (e.g., charges by telephone service providers (“Carrier”), etc.). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Site (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier.
5. Content
5.1 General. “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 ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that Users submit or transmit to, through, or in connection with the Site. “Camp Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than Camp or Users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third-Party Content, and Camp Content.
5.2 Your Content. You retain all of your ownership rights in Your Content. However, we may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms and any other media channel now known or hereafter discovered or developed (“Other Media”); which use may occur while you are a user or anytime thereafter. Your Content may be made public without any additional notice to or consent by you and you should assume that any person may read Your Content. Even if Your Content is removed from the Site, Camp may retain Your Content in backups indefinitely and Your Content may be cached in search engine indices after removal and Camp has no control over such caching. By submitting Your Content to Camp or the Site, you hereby represent and warrant that you own, or have licensed, the intellectual property rights in such Content necessary to grant, and you hereby grant, to Camp a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any Other Media. You also hereby grant each user of the Site a non-exclusive license to access Your Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under these Terms of Service. You irrevocably waive, and cause to be waived, against Camp and Users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, prepare derivative works and otherwise exploit Your Content.
5.3 Camp Content. We own the Camp Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Camp Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, alter, copy, duplicate, reproduce, distribute, publish, create derivative works or adaptations of, publicly display or in any way exploit any of the Camp Content in whole or in part except as expressly authorized by us.
6. Billing and Payment
Charges for orders and purchases on and through this Site are processed by one or more third-party payment processors, and are subject to their additional terms and conditions. All purchases are final and non-refundable, except to the extent otherwise stated in written terms of purchase provided by Camp outside of these Terms.
7. Feedback
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Camp and its users any claims and assertions of any moral rights contained in such Feedback.
8. Third Parties
8.1 Linked Sites. The Site may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. Camp does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Camp makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
8.2 Your Dealings with Advertisers . Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT CAMP WILL 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 SITE, INCLUDING ADVERTISERS WHO ARE REVIEWED OR OTHERWISE FEATURED ON THIS SITE.
9. Electronic Signatures and Agreements
You acknowledge and agree that by clicking on buttons or boxes labeled “I AGREE …”, “I CONSENT …”, “DOWNLOAD”, “I ACCEPT …” or such similar links as may be designated by Camp to accept the terms and conditions of these Terms of Service, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms.
10. Warranty Disclaimer; Limitation of Liability
10.1 Disclaimer of Warranties. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. CAMP MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, CAMP IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES. CAMP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF CAMP SHALL CREATE A REPRESENTATION OR WARRANTY. WITHOUT LIMITING THE FOREGOING, CAMP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
10.2 Limitation of Liability. NEITHER CAMP NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, AFFILIATES, BUSINESS PARTNERS AND CLIENTS, OR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES. IF APPLICABLE LAW DOES NOT PERMIT EXCLUSION OF ALL DAMAGES, THEN YOUR DIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES SHALL BE LIMITED TO $100. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
10.3 Third Parties. CAMP IS NOT AN AGENT OF ANY THIRD PARTY PROVIDER. CAMP MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, INCLUDING OUR INFORMATION SHARING PARTNERS OR ANY BUSINESSES OR ADVERTISER LISTED ON THE SITE. ACCORDINGLY, CAMP IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OR OMISSIONS OF SUCH THIRD PARTIES, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION.
10.4 Remedy. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
10.5 Release. IN EXCHANGE FOR YOUR USE OF ANY OF THE SERVICES THAT WE PROVIDE, YOU (ACTING FOR YOURSELF AND FOR ALL OF YOUR FAMILY, HEIRS, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS) FULLY AND FOREVER RELEASE, HOLD HARMLESS, PROMISE NOT TO SUE, AND DISCHARGE CAMP AND ALL OF ITS OWNERS, MANAGERS, AFFILIATES, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND CLIENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASED PERSONS”) FROM ANY AND ALL CLAIMS, INJURIES, DEMANDS, LIABILITIES, DISPUTES, CAUSES OF ACTION (INCLUDING STATUTORY, CONTRACT, NEGLIGENCE, OR OTHER TORT THEORIES), PROCEEDINGS, OBLIGATIONS, DEBTS, LIENS, FINES, CHARGES, PENALTIES, CONTRACTS, PROMISES, COSTS, EXPENSES (INCLUDING ATTORNEYS’ FEES, WHETHER INCURRED AT OR IN PREPARATION FOR TRIAL, APPEAL, MEDIATION, OR OTHERWISE), DAMAGES (INCLUDING CONSEQUENTIAL, COMPENSATORY, OR PUNITIVE DAMAGES), OR LOSSES (WHETHER KNOWN, UNKNOWN, ASSERTED, UNASSERTED, FIXED, CONDITIONAL, OR CONTINGENT) THAT ARISE FROM OR RELATE TO ANY OF THE SERVICES WE PROVIDE (“CLAIMS”) THAT YOU HAVE OR MAY HAVE AGAINST ANY RELEASED PERSON ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES WE PROVIDE. Such releases are intended to be general and complete releases and waivers of all Claims arising out of or in any way related to your use of the services we provide.
10.6 Enforceability. If any of the foregoing limits are not enforceable under applicable law, then they shall be construed to provide such limits to the fullest extent permitted by applicable law.
11. Indemnification
You agree to indemnify us and our officers, directors, employees, business partners and clients, agents, affiliates and licensors from all liabilities, claims, and expenses, including attorneys’ fees (“Claims”), that arise from your breach of these Terms or your use or misuse of an Activity, our Site or Camp Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defenses.
12. Termination
12.1 Closing Your Account . You may request to terminate your user account from within your user account. Please review our Privacy Policy for information about the effect of account termination on our use of the data we have collected from you. Please keep in mind that it may take up to ten business days to complete the termination of your account.
12.2 Losing Rights to the Site . We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind, except in the event that you are legally exercising a data security or data privacy right under applicable data legislation, such as those rights granted to California residents under the California Consumer Privacy Act (“CCPA”). Any such action could prevent you from accessing your account, the Site, or any other related information.
12.3 Terms Continue After Termination . In the event of any termination of these Terms, whether by you or us, these Terms will continue in full force and effect.
13. Disputes
13.1 Governing Law. You agree that these Terms or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and Camp arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms, the Site, Camp advertising or any related transaction shall, to the maximum extent permitted by applicable law, be governed by the laws of the State of New York, without regard to its conflicts of laws rules. Subject to Section 13.2, the state and federal courts in New York County, New York shall have exclusive jurisdiction over any Claim (as defined below).
13.2 Binding Arbitration – Class Action Waiver . Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and Camp, its agents, employees, principals, business partners and clients, successors, assigns and affiliates (collectively for purposes of this paragraph, “Camp”) arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms), the Site, Stores, an Activity, Camp's advertising or any related transaction (a “Claim”) shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, in accordance with the Consumer Arbitration rules then in effect (available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879), or any other established alternative dispute resolution provider mutually agreed upon by you and Camp. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration will be limited solely to the dispute between you and Camp. Neither you nor Camp shall be entitled to join or consolidate Claims by or against other customers or arbitrate any Claim as a representative or class action or in a private Attorney General capacity. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on you and Camp and may be entered as a judgment in any court of competent jurisdiction. You and Camp shall pay your and its own costs and attorneys' fees. However, if you or Camp prevails on a statutory Claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Arbitration shall take place in New York County, New York.
13.3 Limitations of Actions. Any Claim must be brought within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such Claim shall be forever barred.
14. Miscellaneous
14.1 Modification of Terms. These Terms may be modified by Camp from time to time in its sole discretion, and we will post the effective date of any version of these Terms at the end of these Terms. If you have a registered account, and the Terms have been modified since you last logged into your account, upon logging into your account you will be notified of the version of the Terms in effect at that time. You should not continue using this Site if you do not agree with the version of the Terms in effect at that time. By continuing to use the Site, you agree and accept the version of the Terms in effect at that time.
14.2 Continuity of Site. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
14.3 Entire Agreement. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
14.4 Waiver. Any failure on Camp’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
14.5 Severability of Terms. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
14.6 Assignment. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Camp’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
14.7 Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.
14.8 Digital Millennium Copyright Act . The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Site infringes your copyright, please send (or have your agent send) to Company’s Copyright Agent (as defined below) a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, the copyright owner’s agent or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on such owner’s behalf; and (f) your physical or electronic signature. Company’s Copyright Agent for notification of claimed infringement can be reached as follows:
Copyright Agent Camp NYC, Inc. 91 Fifth Avenue, 4th Floor, New York, NY 10003 Attn: Legal Dept.
Company’s Copyright Agent for notification of claimed infringement can also be reached electronically at: legal@camp.com. Company reserves the right to terminate infringers’ and suspected infringers’ accounts or their access to or use of the Site.
14.9 Notice for California Residents. (a) Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us using the information we’ve provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
(b) Under CCPA, California users are entitled to certain rights, including the right to know about the personal information we collect and how we use and share it, the right to delete certain personal information, the right to opt-out of the sale of personal information and the right to non-discrimination for exercising your CCPA rights. Please visit and review our Privacy Policy for a full description of such rights.
14.10 Notices. Except as explicitly stated otherwise, legal notices (including notices concerning these Terms) will be served, with respect to Camp, by email to legal@camp.com, and, with respect to you, to the email address you provide to Camp during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
14.11 Effective Date of these Terms: April 29th, 2024.