THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Our community, like any community, functions best when our users follow a few simple rules. You agree to comply with these community guidelines (the “Community Guidelines”) and that:
You and your Programming Participants (as defined below) will comply with all applicable laws in the use of the Services and will not use the Services for any unlawful purpose or in any way that limits the rights of others;
You and your Programming Participants will not access or use the Services to collect any market research for a competing business;
You and your Programming Participants will not impersonate any person or entity or falsely state or otherwise misrepresent affiliation with a person or entity;
You and your Programming Participants will not interfere with, or attempt to interrupt the proper operation of, the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (as defined below), data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
You and your Programming Participants will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;
You and your Programming Participants will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;
You and your Programming Participants will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission; and
You and your Programming Participants will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
If you find something that violates our Community Guidelines, please let us know, and we will review it.
Additionally, for Programming Participants to have access to the Camp and Afterschool Programming live-stream video sessions, you will need to join virtual meetings through our live-stream video provider, Zoom. By joining a Zoom meeting, you agree to Zoom’s Terms of Service and Privacy Statement, available at https://zoom.us/terms and https://zoom.us/privacy respectively (collectively, the “Zoom Policies”).
ACCESS PASS PURCHASE AND FEES
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, Camp Supernow and/or our licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You shall not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
The Service contains material, such as videos, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Camp Supernow (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
You may use the Services and view all Content for your own personal, non-commercial use. No other use is permitted without the prior written consent of Camp Supernow. Camp Supernow and/or our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Services and the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Services or Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Services or Content in any way for any public or commercial purpose.
If you violate any part of this Agreement, your permission to access the Services and the Content automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Camp Supernow (the “Camp Supernow Trademarks”) used and displayed on the Content are registered and unregistered trademarks or service marks of Camp Supernow and/or our licensors. Other company, product, and service names located on the Content may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Camp Supernow Trademarks, the “Trademarks”). Nothing on the Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Camp Supernow Trademarks inures to our benefit.
Elements of the Content are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
COMMUNICATIONS WITH AND SUBMISSIONS TO US
Although we encourage you to e-mail us, we do not want you or Programming Participants to, and you and Programming Participants should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you or Programming Participants send to us, including, but not limited to, ratings, feedback, questions, comments, suggestions, and the like, we shall be free to use any ratings data, ideas, concepts, know-how, or techniques contained in such communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you or Programming Participants.
NO WARRANTIES; LIMITATION OF LIABILITY
THE SERVICES AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES ARE PROVIDED BY PEOPLEHOOD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
CAMP SUPERNOW EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAMP SUPERNOW DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SERVICES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO FIFTY UNITED STATES DOLLARS (US $50).
SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
The Services may contain advertisements and links to third-party websites (“External Sites”). These advertisements and links are provided solely as a convenience to you and not as an endorsement by us of the advertiser or the content on such External Sites. The content of the advertisements and of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any advertisement or linked External Sites and do not make any representations regarding the content or accuracy of such advertisements or any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold Camp Supernow and our owners, members, officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your or your Programming Participant’s breach of this Agreement; (ii) your or your Programming Participant’s misuse of the Content or the Services; (iii) your or your Programming Participant’s violation of any third-party rights,including without limitation any copyright, trademark, property, publicity, or privacy right; and/or (iv) your or your Programming Participant’s violation of the Zoom Policies. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
COMPLIANCE WITH APPLICABLE LAWS
The Services are based in the United States and is only available to United States residents. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
CHANGES TO THE AGREEMENT
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. Sections 5, 7-18 shall survive the termination of this Agreement.
This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2020 Supernow, Inc. All rights reserved.
Referral Program Terms & Conditions
We’re launching a Customer Referral Program in December 2020. To coincide with this launch, we’re setting up a Referral Program Terms & Conditions page to clearly communicate referral rules and prevent customers from violating and/or taking advantage of the program.
REFERRAL PROGRAM DETAILS
Camp is better with friends! Here are Camp Supernow’s Referral Program details:
THE INFORMATION WE COLLECT AND HOW WE USE IT
In the course of operating the Services, Camp Supernow collects or receives the following types of information from visitors to our Websites, purchasers of our session Passes, and Programming Participants, which may include personal information.
We collect contact information through our Services; contact information typically includes your name, email address, postal address, phone number, and any information you provide in messages to us. We use such contact information for purposes such as providing you with information about the Services, responding to your inquiries, sending you email alerts (including marketing emails), or providing you the Services.
SERVER LOG INFORMATION
Our servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of such access, including the device’s IP address, user agent string (e.g., operating system and browser type/version), and the pages you’ve clicked on while on our Website, and details regarding your activity on the Website such as time spent on the Website and other performance and usage data. We may use these log files for purposes such as assisting in monitoring and troubleshooting errors and incidents, analyzing traffic, or optimizing the user experience.
We may collect information using “cookie” and other similar technologies. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive (or other storage medium) so that your computer will “remember” information about your use. We use both first and third party session cookies and persistent cookies. Below is a general primer on session and persistent cookies; information collected by cookies depends on its particular purpose. For more information, please see the information regarding analytics providers discussed further below.
Session Cookies: We use session cookies to make it easier for you to navigate our Website. A session ID cookie expires when you close the Website.
Persistent Cookies: A persistent cookie remains on your device for an extended period of time or until you delete them. Persistent cookies enable us to track and target the interests of our visitors to personalize the experience on our Website.
If you do not want us to place a cookie on your device, you may be able to turn that feature off on your device. Please consult your browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, certain aspects of the Website may not function properly or as intended.
THIRD-PARTY ANALYTICS PROVIDERS
For Google Analytics, please visit: https://www.google.com/analytics
In an ongoing effort to better understand our users and the Services, we might analyze your information in aggregate form to operate, maintain, manage, and improve the Services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics to describe the Services to current and prospective business partners and to other third parties for other lawful purposes.
ONWARD TRANSFER TO THIRD PARTIES
Like many businesses, we hire other companies to perform certain business-related services. We may disclose personal information to certain types of third party companies but only to the extent needed to enable them to provide such services. The types of companies that may receive personal information and their functions are: hosting services, technical assistance, database management/back-up services, use analytics, email marketing platforms, booking partner, video platform, and customer service.
We may also disclose personal information to our parent companies, subsidiaries, affiliates, joint ventures, or other companies under common control to support the marketing and sale of our products and services.
DISCLOSURE TO PUBLIC AUTHORITIES
We may be required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.
OPT-OUT FOR DIRECT MARKETING; EMAIL MANAGEMENT
You may opt out at any time from the use of your personal information for direct marketing purposes by emailing the instructions to email@example.com or by clicking on the “Unsubscribe” link located on the bottom of any Camp Supernow marketing email and following the instructions found on the page to which the link takes you. Please allow us a reasonable time to process your request. You cannot opt out of receiving transactional e-mails related to the Services.
HOW WE PROTECT YOUR INFORMATION
CHILDREN UNDER THE AGE OF 13
Our Website is a general audience website and is not directed towards children under the age of 13. However, we do collect the personal information of Programming Participants who are children under the age of 13 whose parents register them for our Camp and Afterschool Programming sessions (“Child Programming Participants”). Please see below for more information about the information we collect from such Child Programming Participants and your rights with respect to that information.
Information We Collect and Use from Child Programming Participants
When you register your Child Programming Participant for one of our Camp and Afterschool Programming sessions, we will ask that you provide the Child Programming Participant’s name, birthday, and if applicable, special needs. Sessions occur through live-stream online video through which video images and audio of your Child Programming Participant are recorded. No information is collected directly from a Child Programming Participant until they are logged into a session. During a session, Child Programming Participants can share information about themselves to the counselor and other session participants either on video or through a live chat functionality, but none of the live-stream online video functionality is meant to facilitate making such information publicly available. We cannot control what information your Child Programming Participant shares during a session and advise that all Child Programming Participants be monitored by a parent or guardian while participating in a session.
We do not passively collect information such as cookies, IP addresses or other unique identifiers from Child Programming Participants during sessions. However, our live-stream online video service provider, Zoom, automatically collects certain personal information from Child Programming Participants and uses such information only as needed to deliver the functionality of the Zoom platform and operate its business (including to enhance or improve the Zoom services). For more information regarding Zoom’s privacy practices, please visit its Privacy Statement, available at https://zoom.us/privacy and [https://zoom.us/docs/en-us/schools-privacy-statement.html] respectively. To contact Zoom regarding the information of Child Programming Participants it collects and processes, please use the following contact information:
Zoom Video Communications, Inc.
55 Almaden Blvd, Suite 600.
San Jose, CA 95113
Disclosure of Information of Child Programming Participants
We only disclose information collected from Child Programming Participants to our counselors. Camp and Afterschool Programming sessions are recorded for monitoring purposes, and may be reviewed for training purposes with counselors to provide feedback and to ensure content presented in sessions comply with our guidelines. We do not permit counselors to retain, save, download or share recordings, but we cannot control if counselors violate this policy.
Parental Consent and Controls
Camp Supernow obtains your verifiable parental consent before collecting personal information about or from your child. Camp Supernow requires that you provide credit card information in order to register your child as a Child Programming Participant and to pay for a Camp and Afterschool Programming session. At any time, you can refuse to permit us to collect personal information from your child and can request that we delete from our records the personal information we have collected. If you have any questions or concerns about our approach to children's privacy, you want to access the data of your child, or you want to request the deletion of your child's data, please contact us at firstname.lastname@example.org.
IMPORTANT NOTICE TO ALL NON-US RESIDENTS
Our servers are located in the United States and elsewhere. Please be aware that your information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Services, you do so at your own risk.
DO NOT TRACK
Camp Supernow does not respond to “Do Not Track” settings or other related mechanisms at this time.
CALIFORNIA PRIVACY RIGHTS
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact Camp Supernow via email at email@example.com
NEVADA PRIVACY RIGHTS
If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us at firstname.lastname@example.org with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.
LINKS TO EXTERNAL WEBSITES
HOW TO CONTACT US