These Terms and Conditions (“Terms”) are between CampfireSocial Inc. (“CampfireSocial”, “we”, “our”, and“us”) and you, your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively “you” and “your”) and governs your access to and/or use of our websites located at https://www.campfiresocial.io/ (including without limitation any services, products, content, downloads, audio recordings, videos, and/or any other materials) and any websites CampfireSocial has now or acquires in the future (collectively, the “Services”). If you do not agree with these Terms, you agree not to use theServices. The Terms below apply to all users of the Service. The Vendor Terms (the “Vendor Terms”) below, in addition to these Terms, apply to only those users that are invited on behalf of a host organization that seek access to advertise through the Services.
YOU ACCEPT THESE TERMS BY USING THE SERVICES AND/OR EXERCISING OR PURPORTING TO EXERCISE ANYOF THE RIGHTS GRANTED TO YOU HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ,UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, AS WELLAS ALL OTHER APPLICABLE RULES OR POLICIES, TERMS AND CONDITIONS OR AGREEMENTS THAT ARE ORMAY BE ESTABLISHED BY CAMPFIRESOCIAL FROM TIME TO TIME AND THE FOREGOING SHALL BE INCORPORATED HEREIN BY REFERENCE. IF AN INDIVIDUAL IS AGREEING TO THESE TERMS ON BEHALF OF ALEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THE INDIVIDUAL HAS THE LEGAL AUTHORITY TO BIND SUCH ENTITY. IF YOU DO NOT AGREE TO THESE TERMS AND PRIVACY NOTICE (AS DEFINED BELOW), YOU SHALL NOT USE THE SERVICES.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CAMPFIRESOCIAL WILL BE RESOLVED BY ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS WIDE ARBITRATION.
General. CampfireSocial provides a professional networking platform designed to allow users to build relationships that can lead to commercial transactions and economic opportunities. You agree that by joining CampfireSocial, accessing the Services and/or using the Services that you are entering into a legally binding contract with CampfireSocial, and agree to only use the Services in accordance with these Terms. If you do not agree to these Terms, you should not access and/or use the Services. If you wish to terminate these Terms you can do so by closing your account and no longer accessing or using CampfireSocial’s Services.
Account. You will be required to register for an account in order to access the Services. You agree to provide true, accurate and current information in connection with your access to and/or use of the Services and your account (if applicable). You may be asked to provide certain information to access certain portions of theServices or to receive certain resources made available by CampfireSocial. You must ensure that any user IDs, passwords, and other access credentials are kept strictly confidential and not shared with any unauthorized person. From time to time, we may restrict access to all or part of the Services to users that register for an account or another subset of users as we may determine in our sole discretion. You will comply with all applicable laws, rules and/or regulations when accessing and/or using the Services. You are responsible for making arrangements necessary to use the Services, such as securing internet access. You are responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with these Terms. You agree to notify CampfireSocial immediately of any unauthorized access toor use of the Services or any other breach of security. Please use caution when accessing the Services(and your account to the extent applicable) from a public or shared computer so that others are not able to view or record your information. CampfireSocial is not responsible for storing or maintaining any information that you have provided to the Services, except where CampfireSocial has explicitly agreed to do so in writing. CampfireSocial shall have no obligation to provide any information that you have previously provided to the Services except as specifically required by our Privacy Policy.
By accessing and/or using our Services, you agree to the Privacy Notice located HERE (“Privacy Notice”) and consent to any personal information we may obtain about you being collected, stored and/or otherwise processed in accordance with the Privacy Notice and these Terms. You agree that CampfireSocial may access, store, process and use any information and personal data that you provide in accordance with the PrivacyNotice.
By accessing and/or using the Services, you represent and warrant that you are at least eighteen (18) years of age. No one under the age of eighteen (18) may use the Services or provide any information for theServices or to us. The ‘Children’s Online Privacy Protection Act’ requires that companies obtain verifiable parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). CampfireSocial does not knowingly collect or solicit information from children under the age of thirteen (13). If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information. If you think someone under the age of thirteen (13) has provided us with personal information, please contact us at support@campfiresocial.io.
When accessing and using the Services, you are communicating with us electronically, and consent to receive communications from us electronically. We will communicate with you by posting notices on the Services and/or by email. You may continue to receive electronic communications from CampfireSocial (which may include without limitation promotional and advertising material and information about CampfireSocial)unless or until you elect to opt-out of receiving such communications and notify CampfireSocial atsupport@campfiresocial.io that you no longer desire to receive communications from us. You acknowledge and agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The Services allow you to share information which may be seen, copied or used by other users of the Services. CampfireSocial is under no obligation to publish any information that you provide on the Services and may remove any information at any time for any reason in its sole and absolute discretion.
Changes. CampfireSocial may update these Terms in its sole discretion, at any time, in whole or in part. If CampfireSocial makes changes and/or modifications that impact your use of and/or access to the Services, we will post notice of the change and/or modification and change the ‘Updated’ date set forth above. We agree that changes made to these Terms shall not be retroactive. You agree that your continued use of theServices following changes and/or modifications will constitute acceptance of such changes and/or modifications. We may also provide you with additional forms of notice as appropriate under the circumstances. If you do not agree to the changes, you shall not use the Services or the Services after the effective date of the changes and/or modifications. Please revisit these Terms regularly to ensure that you stay informed of any changes and/or modifications.
Additional Terms. CampfireSocial also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Services, which may be posted in the relevant portion of the Services. Your continued use of the Services constitutes your agreement to such additional rules.
Right to Deny Access and At Your Risk. CampfireSocial retains the right, in its sole and absolute discretion, to deny service, access and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services due to circumstances withinCampfireSocial’s control (i.e.: routine maintenance) and outside of CampfireSocial’s control. You acknowledge and agree that the use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, inaccurate and/or objectionable. You agree thatCampfireSocial is not responsible for content and information posted by other users. CampfireSocial cannot always prevent misuse of the Services, and you agree that CampfireSocial is not responsible for any such misuse.
Invitations. CampfireSocial users may offer invitations to attend events organized by users and connect with other users who are attendees at such events. You agree that (1) CampfireSocial is not responsible for the conduct of any of the attendees at such events, (2) CampfireSocial does not endorse any particular event and (3) CampfireSocial does not review nor vet any of these events.
Use of Services and Availability. CampfireSocial retains the right, in its sole and absolute discretion, to deny service and/or access to and/or use of the Services and/or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Service and/or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control. You acknowledge and agree that the use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, and/or objectionable. The Services, including any features or offerings may be modified, updated, suspended and/or discontinued at any time as determined by CampfireSocial in its sole and absolute discretion and without notice and/or liability and you acknowledge and agree that you are aware of these and any risks related thereto.
Prohibited Use and Conditions. Any access to and use of the Services or information provided byCampfireSocial other than as specifically authorized herein, without CampfireSocial’s prior written consent, is strictly prohibited. Without limiting the foregoing, you are responsible for your actions while accessing and using the Services, and you shall not use the Services in any manner that violates any applicable law, contract, intellectual property or other third-party rights. You shall not:
Furthermore, CampfireSocial grants you the rights set forth herein, subject to the following conditions:
CampfireSocial shall not be subject to any obligations of confidentiality regarding any information and/or materials submitted through the Services except as otherwise expressly specified in these Terms and/or thePrivacy Notice or as set forth in any additional terms and conditions relating to specific products or services utilized or provided by CampfireSocial in conjunction with the Services, and/or as otherwise required by law.The commercial use, reproduction, transmission or distribution of any information other material available through the Services without the prior written consent of CampfireSocial is strictly prohibited.CampfireSocial may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services or the Services. CampfireSocial has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU INDEMNIFY AND HOLD HARMLESS CAMPFIRE AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CAMPFIRESOCIAL DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER CAMPFIRE OR LAW ENFORCEMENT AUTHORITIES.
Right to Use. The Services contain material which is owned by or licensed to CampfireSocial or to whichCampfireSocial otherwise has permission to use. By using the Services and accepting these Terms: (a)CampfireSocial grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable right to access and/or use the Services and information provided therein in accordance with the terms and conditions set forth in these Terms and any additional terms, conditions and policies set forth byCampfireSocial; and (b) you agree not to reproduce, modify, distribute, create derivative works from, publicly display, publicly perform, republish, download, transmit, store, license, sell and/or re-sell any content, software, products and/or information obtained from and/or accessed through the Services without the express written permission of CampfireSocial. Notwithstanding the foregoing subsection (b),your computer may temporarily store copies of information required for you to access and view the information and you may store files that are automatically cached by your browser for display enhancement purposes. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
Proprietary Rights of CampfireSocial. The Services and its entire contents, features and functionality are owned by CampfireSocial, its licensors, or other providers of such material and are protected by UnitedStates and international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws. Any redistribution or reproduction of part or all of the contents of the Services, including but not limited to text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, trade dress, logos, slogans, and/or proprietary technology currently used or which may be developed and/or used in the future in any form is prohibited. As between the parties, CampfireSocial and/or its licensors are the sole owner of: (i) the Services and information provided by CampfireSocial; (ii)any data or metadata created, aggregated, or generated by access to and/or use of the Services; and (iii) all of its source code, object code, software, content, copyrights, trademarks, patents, improvements, enhancements, derivatives, and any other intellectual property rights related to (i) and (ii) or included therein. Subject to the limited rights expressly granted hereunder, CampfireSocial and/or its third-party licensors reserve all right, title and interest in and to the Services and related information, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. Any use of the Services or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Posted Content. Please carefully choose the information that you post on, through and/or in connection witht he Service and that you provide to other users. Notwithstanding anything herein to the contrary,CampfireSocial should not be seen as endorsing any comments you post on blogs and other parts of the Site in any way. You acknowledge and agree that you have no expectation of privacy with regard to any comments, reviews, videos, materials, content, opinions, ratings, posts and/or messages (“User Content”) you make through the Service. You own the User Content and information that you submit or post to the Services; provided, however, that you grant CampfireSocial and its affiliates, vendors, customers and other users a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish and process, information and content that you provide in connection with using the Services. You agree that any UserContent or information that you provide will not violate the law nor any third-party’s rights (including intellectual property rights). Although CampfireSocial reserves the right to review all User Content that appears on the Service and to remove any User Content that violates these Terms, we do not necessarily review all of it. We cannot and do not take responsibility for any User Content that others provide through the Services.If you become aware of misuse of the Service by any person, please contact us. CampfireSocial may reject, refuse to post and/or delete User Content, in its sole and absolute discretion. Notwithstanding anything hereinto the contrary, CampfireSocial is not obligated to take any action not required by law.
The CampfireSocial name, the CampfireSocial logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CampfireSocial. You must not use such marks without the prior written permission of CampfireSocial. All other names, logos, product and service names, designs, and slogans on theServices are the trademarks of their respective owners.
The information presented on or through the Services is made available solely for general information purposes. CampfireSocial does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. CampfireSocial disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, orby anyone who may be informed of any of its contents. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If you choose to submit any questions, comments, ideas, suggestions, inventions, or other information(“Feedback”) to CampfireSocial, such Feedback is non-confidential and will become the sole property ofCampfireSocial. CampfireSocial will be able to use any Feedback for any purpose including the developing, creating and/or marketing of products or services and you acknowledge CampfireSocial will give no credit or compensation to you and you have no rights to the same. CampfireSocial has no obligations to review anyFeedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
Third Party Content. CampfireSocial may provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted toor emailed or otherwise transmitted through the Services (“Third-Party Content”). The third party from whom or which any such Third-Party Content originates is solely responsible for it and CampfireSocial assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third-Party Content. Accordingly,CampfireSocial does not control or endorse such Third-Party Content and has no liability of any kind to you or any third party for any Third-Party Content. Statements of opinion and commentary in Third-Party Content are those of the third party and, not necessarily those of CampfireSocial.
Linked Sites. As stipulated in these Terms, CampfireSocial does not exert any control over any third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party.CampfireSocial may, from time to time, include hyperlinks (“Link(s)”) to other websites operated and maintained by third parties. Such Links are provided for reference and convenience only. CampfireSocial does not control and is not responsible for the contents, availability, or policies of any website or application accessed via a Link. CampfireSocial has made no attempt to verify any information contained in any suchLinks. Furthermore, CampfireSocial is not a party to or responsible for any access, use or transactions you may engage in with third parties, even if you learn of such parties from CampfireSocial. If you click on Links, you do so at your own risk and you acknowledge and agree that CampfireSocial is not liable for any claims and/or damages related thereto. We encourage you to be aware when leaving the Services and to read the terms and conditions and privacy notice of each Link that is visited. CampfireSocial reserves the right to terminate any Link at any time in its sole and absolute discretion. CampfireSocial disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Links.
Third Party Products. There may be third-party products, services, software, and/or social networks(collectively “Third-Party Products”) integrated into the Services. Please be aware that CampfireSocial is not affiliated with any Third-Party Products or the companies or providers that own or control such Third-PartyProducts. You agree to release CampfireSocial and such third-party providers from any liability related to your use of any Third-Party Products or any costs or charges related to such Third-Party Products. In order to use any Third-Party Products, you may be required to agree to that company’s terms and conditions and/or privacy notice. You agree to comply with the foregoing when using the Services. Where you decide to use such Third-Party Products, CampfireSocial is not a party to any contracts created between you and the provider of such Third-Party Product. CampfireSocial is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with any Third-Party Products.
During your access to and/or use of the Services and/or Services, you may have access to certain information of CampfireSocial that is not generally known to others including any and all information relating toCampfireSocial and its business including without limitation its business, legal, and operational practices, financial, technical, design, performance characteristics, commercial, marketing, competitive advantage or other information concerning the business and affairs, partnerships and potential partnerships, business model, fee structures, employees, funding opportunities, metrics, object code, source code, architecture, algorithms, techniques, formulas, processes, know-how, systems, ideas, inventions (whether or not patentable or copyrighted), feedback, data, marketing materials, procedures and techniques that have been or may hereafter be provided or shown to the other party, regardless of the form of the communication and the terms and conditions of this Terms of Service (collectively, the "Confidential Information"). In addition, the structure, sequence, organization and code of the Services constitute valuable trade secrets ofCampfireSocial. You will use commercially reasonable efforts to protect and prevent any access to theConfidential Information, using no less than a reasonable degree of care to protect such ConfidentialInformation.
CampfireSocial reserves the right, in its sole and absolute discretion, to block you from the Services or any portion thereof at any time, without notice, without liability and for any reason including without limitation if CampfireSocial suspects, in its sole and absolute discretion, that you (by information, investigation, conviction, settlement or otherwise) have violated any of the terms and conditions set forth herein, thePrivacy Notice, any other policies provided by CampfireSocial, or if you engage (or we suspect you have engaged) in an improper or fraudulent manner in connection with your access to and/or use of the Services.In the event you misuse the Services by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, CampfireSocial may also block you from the Services, without liability. In such event, CampfireSocial retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.
If we block you from our Services, you may not access and/or use our Services unless formally invited byCampfireSocial. If you commit fraud and/or falsify information in connection with your use of the Services, you shall be liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Services. If you violate these Terms, we may block you from our Services and you are prohibited from using the Services. Upon termination, the provisions of these Terms are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination.
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omissions; and/or (iii) make changes to prices, content, promotion offers, service and/or product descriptions, specifications, and/or other information without obligation to issue any notice of such changes.
Should you believe anything on the Services infringes on any copyright that you own or the copyright of others, you may notify the copyright agent (“Copyright Agent”) at CampfireSocial, Attn: Copyright Agent,2621 N Richmond Street, Chicago, IL 60647. We will respond to clear notices of copyright infringement when you provide the following information: (i) signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) description of the copyrighted work that is claimed to be infringed upon; (iii) description of where the material that is claimed to be infringed upon is located on theServices; (iv) information reasonably sufficient to permit contact (i.e.: an address, telephone number, and an e-mail address at which the complaining party may be contacted); (v) statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) statement by the complaining party, made under penalty of perjury, that complaining party is authorized to act on behalf of the intellectual property owner of the right that is allegedly infringed.
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid ‘DMCA’ notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services. All other inquiries directed to the Copyright Agent will not be responded to.
You agree to indemnify, defend and hold CampfireSocial and its affiliates, partners, officers, directors, employees, representatives and agents, harmless from and against any and all claims, demands, proceedings, actions, costs, liabilities, losses, awards, fees, damages of any kind, expenses (including without limitation attorney’s fees) arising out of and/or in relation to: (i) your use, misuse and/or abuse of theServices; (ii) any use of the Services in breach of these Terms and/or Privacy Notice; (iii) your violation of any law and/or the rights of a third party; (iv) use of User Content in the event of an infringement, violation, trespass, contravention or breach of any third party, or constitutes the unauthorized use or misappropriation of any trade secret of any third party, and/or (v) fraud you commit and/or your intentional misconduct and/or negligence.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE SERVICES AND INFORMATION GIVEN BY CAMPFIRESOCIAL TO YOU ARE PROVIDED ON AN ‘AS IS’,‘AS AVAILABLE’ BASIS, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS. CAMPFIRESOCIAL, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY PROVIDERS, SUPPLIERS, RETAILERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, COMPLETENESS OR RELIABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY OTHER WARRANTY, CONDITION, GUARANTEE AND/OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. CAMPFIRESOCIAL, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT AND/OR WARRANT THAT ACCESS TO THE SERVICES AND/OR CAMPFIRESOCIAL INFORMATION WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE, AND/OR FREE FROM LOSS AND/OR SECURITY BREACH OF TRANSMITTED INFORMATION, AND/OR THAT NO VIRUSES WILLBE TRANSMITTED THROUGH ACCESS TO AND/OR USE OF THE SERVICES AND/OR CAMPFIRESOCIAL INFORMATION. YOU UNDERSTAND THAT CAMPFIRESOCIAL CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT INFORMATION AVAILABLE FOR DOWNLOAD FROM THE INTERNET OR THE SERVICES WILLBE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM CAMPFIRESOCIAL OR THROUGH YOUR ACCESS TOAND/OR USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TOTHE FULLEST EXTENT PROVIDED BY LAW, CAMPFIRESOCIAL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR INFORMATION OBTAINED THROUGH THE SERVICES OR RELATED TO YOUR DOWNLOADING OF ANY INFORMATION POSTED ON THE SERVICES, OR ONANY WEBSITE LINKED TO IT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOUR ACCESS TO AND/OR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CAMPFIRESOCIAL, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, PARTNERS, SUPPLIERS, RETAILERS, AND VENDORS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT,SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES ARISING OUT OF AND/OR RELATED TO YOUR ACCESS TO AND/OR USE OF THE SERVICES, YOUR INABILITY TO ACCESS THE SERVICES AND/OR INFORMATION AND/OR LINKS ON THE SERVICES, INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OFTHE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE),WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL AND/OR EQUITABLE THEORY, EVEN IF CAMPFIRESOCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS OR LIMITATIONS HEREIN MAY NOT APPLY TO YOU IN SUCH LIMITED CIRCUMSTANCE. IN SUCH STATES, CAMPFIRESOCIAL’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU HEREBY AGREE TO RELEASE CAMPFIRESOCIAL, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD PARTY SERVICE PROVIDERS, PARTNERS, SUPPLIERS, RETAILERS, AND VENDORS AND EACH OF THE IRRESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED,DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR CAMPFIRESOCIAL INFORMATION.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this Section.
Disputes. We want to address your concerns without filing a formal legal case. Before filing a claim againstCampfireSocial, you agree to try to resolve the dispute informally by contacting us atsupport@campfiresocial.io. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days after submission (or within a time period as otherwise agreed toby both parties), you and/or CampfireSocial agree to resolve any claims related to these Terms through mediation. Any and all controversies, disputes, demand, counts, claims, or causes of action (collectively“Actions”) between you and CampfireSocial or CampfireSocial employees, directors, officers, agents, successors, or assigns, shall exclusively be settled through mediation, except as set forth under ‘Exceptions to Agreement to Mediate’ and/or you opt out as described below. In all cases, any Actions must be commenced within one (1) year after the cause of action arises.
Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions toAgreement to Arbitrate’ section below and/or if you opt out of arbitration as described below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Exceptions to Agreement to Arbitration. Notwithstanding anything herein to the contrary, the request by either party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, and other equitable remedies, including specific performance, shall not be subject to arbitration, and any claims related to CampfireSocial’s intellectual property infringement and/or Confidential Information shall be adjudicated only by the state or federal courts in Cook County, Illinois.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and CampfireSocial agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and CampfireSocial consent to the foregoing venue and jurisdiction.
Waiver. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU ARE WAIVING YOUR RESPECTIVE RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries aboutCampfireSocial must be sent to our agent for notice to support@campfiresocial.io. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division ofConsumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms shall be governed by, construed and enforced in accordance with the substantive laws of theState of Illinois, without regard to its conflict of laws principles. The parties further agree that any cause of action arising under these Terms shall take place exclusively in the courts situated in Cook County, Illinois and the parties hereby submit to the venue of the courts situated therein. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You may have other agreements with CampfireSocial. Such agreements are separate and in addition to these Terms, unless otherwise agreed to by the parties in writing. You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion. If any provision and/or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. If an applicable law is in conflict with any part of these Terms, these Terms will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or CampfireSocial of any breach and/or default and/or failure to exercise any right allowed under these Terms is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under these Terms. These Terms along with the Privacy Notice constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter.
If you would like to request additional information regarding these Terms or if you have feedback about ourServices, please contact us at support@campfiresocial.io.
CampfireSocial provides a professional networking platform designed to allow users to build relationships that can lead to commercial transactions and economic opportunities. These vendor terms (“VendorTerms”) apply to the access and use of the Services by vendors that wish to advertise and/or seek to provide digital marketing services (“Vendor”, “you” and “your”). If you do not agree to the Terms above and/or these Vendor Terms, you should not access and/or use the Services provided by CampfireSocial. If you have entered into a separate agreement with CampfireSocial that also covers activities described in these VendorTerms, the terms and conditions of that separate agreement will supplement these Vendor Terms.
Vendor services (“Vendor Services”) will allow Vendors to advertise their products and services onCampfireSocial. Your use of the Vendor Services is subject to the following conditions:
You agree that at no time will you allow, enable or authorize any party to:
CampfireSocial may reject or remove any information provided by you at any time, in its sole and absolute discretion, including failure to comply with applicable law. CampfireSocial may, in its sole discretion, discontinue, modify, cancel or terminate any part or all of the Vendor Services or suspend or terminate your ability to use the Vendor Services or the Services.
General. You agree to pay CampfireSocial the fees associated with the Tier of Service that you select when signing up for Vendor Services. The host organization (“Host”) that has invited you to use the Vendor Services will be responsible for determining the amount of fees payable for each Tier of Service. You are responsible for all fees, including without limitation taxes, associated with your use of the Services. You shall pay all fees due hereunder by providing a valid credit card and all fees shall be payable in U.S. dollars within the United States.By agreeing to these Vendor Terms, you hereby give CampfireSocial permission to charge the credit card, bank account, or other approved method of payment associated with your account for fees associated with use of the Services. All fees due and payable by you to CampfireSocial under these Vendor Terms must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law.
Membership Fees. In consideration of the provision of the membership subscription described through theVendor Services, you agree to pay CampfireSocial the fees described herein in accordance with the terms and conditions contained herein. On the anniversary of each month after your initial enrollment, you will be automatically charged the then current monthly membership subscription fee for the Vendor Services at your selected Tier of Service. Such monthly fees are non-refundable, notwithstanding your cancellation of the membership in the Service. Notwithstanding anything herein to the contrary, membership fees and charges are subject to change by CampfireSocial at any time upon thirty (30) days prior notice to you. CampfireSocial and/or Hosts may offer additional opportunities to Vendors to participate in for a fee; provided, however, that any such additional opportunities, including costs, will be specifically agreed to between the Host,CampfireSocial and the Vendor, as applicable.
Stripe. CampfireSocial uses third party service providers, such as Stripe, Inc. or Allegiance Merchant Services to execute online payment transactions related to your CampfireSocial account. By using CampfireSocial and agreeing to these Vendor Terms, you also agree to be bound by our third party processor’s terms of service.Any authorization you provide to make automatic payments using the Service will remain in effect until cancelled. You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service.
No Refunds. All fees are nonrefundable and are not subject to set-off unless otherwise agreed to byCampfireSocial in its sole and absolute discretion. You acknowledge and agree that we will charge your designated payment method for fees upon your initial account set-up and service selection. Therefore, and inconsideration of the Services provided by CampfireSocial, you agree that once we charge your designated payment method for the fees as provided in these Vendor Terms, the charge is non-refundable, except as otherwise required by applicable law. To the extent permitted by applicable law, you agree not to ask your credit card company or bank to charge back any fees charged pursuant to these Vendor Terms. You may terminate your Vendor Services at any time upon 30 days’ notice to CampfireSocial.
You own the content and information that you submit or post to the Services; provided, however, that you grant CampfireSocial and our affiliates, customers and other users a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish and process, information and content that you provide in connection with using the Services.
You represent and warrant that you own or have all necessary rights (including intellectual property rights)to information provided to CampfireSocial or posted on the Services (including to grant the license to CampfireSocial as mentioned above).
You agree that you will not, nor will you allow any third-party to associate any data obtained via the VendorServices (“Vendor Services Data”) with data that either directly identifies an individual or can be used to identify and individual and is subject to protection under applicable law or otherwise re-identify such data.
Vendors that have elected to pay for Tier 3 access to CampfireSocial will have the ability to access certain data on engagement metrics and similar analytical tools (“Tier 3 Data”) in order to more effectively market their products and services. Tier 3 Data shall remain at all times the sole property of CampfireSocial or a licensor that has granted Campfire the right to use such Tier 3 Data; provided, however, that CampfireSocial grants to Tier 3 Vendors a limited, nonexclusive, non-transferable, non-sublicensable, revocable right to access and/or use the Tier 3 Data for the sole purpose of marketing their products and services toCampfireSocial users. Tier 3 Data is considered confidential information of CampfireSocial and may not be shared with any third-party or other organization and may only be used in accordance with these VendorTerms.
In addition to the obligations of indemnification in the Terms, you agree to indemnify, defend and holdCampfireSocial and its affiliates, partners, officers, directors, employees, representatives and agents, harmless from and against any and all claims, demands, proceedings, actions, costs, liabilities, losses, awards, fees, damages of any kind, expenses (including without limitation attorney’s fees) arising out of and/or in relation to: (i) your use, misuse and/or abuse of the Vendor Services; (ii) any use of the VendorServices in breach of these Vendor Terms and/or Privacy Notice; (iii) use of the Vendor Services Data; (iv)your violation of any law and/or the rights of a third party; and/or (v) fraud you commit and/or your intentional misconduct and/or negligence.
