ONLINE CONDUCT AND REGISTRATION
All information that you provide to Bunk1 in connection with the use of the Bunk1 Site shall be true and accurate to the best of your knowledge. You shall not provide any false information in connection with the use of the Bunk1 Site. Also, you agree to update or correct any information which you have provided if such information becomes outdated or misleading. In its sole discretion, Bunk1 may curtail or prohibit any conduct that restricts or inhibits any other user from using or enjoying the Bunk1 Site. You agree to use the Bunk1 Site only for lawful purposes. You are prohibited from posting on or transmitting through the Bunk1 Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
A visitor to the site may only enter a password protected area of Bunk1 if you are a family member or friend of a camper who has been validly authorized to do so by the applicable camp to which such protected area relates. If you are not a family member or friend who is validly authorized to enter a password protected area of the site by the relevant camp, you may not do so and you may not access, view, reproduce, use, or share any content in the password protected area for any purpose whatsoever.
PUBLIC AND PRIVATE COMMUNICATIONS
Bunk1 will not screen public communications in advance. Bunk1 is not responsible for your submissions or responses. Unless otherwise indicated, any product concept or ideas submitted by you to the Bunk1 Site will be considered public and nonproprietary. Bunk1 will not be responsible for any claims to intellectual property if those concepts or ideas are used in promotions, marketing or product concepts. Photo tagging in the Bunk1 site consists of user generated content, and Bunk1 is not responsible for any content used via the photo tagging feature. Bunk1 does not monitor existing photo tags generated by its users. Bunk1 reserves the right to remove any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that it deems in its sole discretion to be a violation of any law.
TERMINATION OF USAGE
Bunk1 may terminate your access, or suspend your access to all or part of the Bunk1 Site, without notice, for any conduct that Bunk1, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third party partner, sponsor or advertiser, licensor, service provider, or Bunk1.
DISCLAIMERS AND LIMITATION OF LIABILITY
You use the Bunk1 Site, and any services, information or advice you obtain through the use of the Bunk1 Site, at your own risk. Neither Bunk1, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party partners, sponsors or advertisers, service providers, licensors, or the like warrant that the Bunk1 Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Bunk1 Site, or as to the accuracy, reliability, or currency of any Content, service, or merchandise provided through the Bunk1 Site.
You understand that Bunk1 is not the actual seller or provider of many of the products and services available through the Bunk1 Site. Third parties (e.g. summer camps) may receive commissions on purchases made by users of the Bunk1 site. Unless otherwise specified, Bunk1 is not a party or agent to any purchase of (or agreement you enter into to purchase) products or services through your use of the Bunk1 Site. Thus, you agree that you will not hold Bunk1 responsible for any loss, damage to property, breach of contract or any other claim arising out of the use of the Bunk1 Site and any products or services you obtain through its use, or for the failure of any party other than Bunk1 to perform its contractual obligations.
Bunk1 specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by Bunk1 or its affiliates, or any of its officers, directors, employees, agents, third-party partners, sponsors or advertisers, service providers, licensors, or the like, shall create a warranty.
Under no circumstances shall Bunk1 or any other party involved in creating, producing, or distributing the Bunk1 Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or inability to use, the Bunk1 Site. This limitation on damages includes but is not limited to damages that result from reliance by you on any information obtained from the Bunk1 Site, or from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance (whether or not resulting from acts of God), communications failure, theft, destruction, or unauthorized access to the Bunk1's records, programs, or services. You hereby acknowledge that this paragraph shall apply to all Content, merchandise, and services available through Bunk1.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
In some cases, your registration may be pending review by the third party (e.g., the camp director) who administers the part of the Bunk1 website relevant to you. (This is a security feature designed to protect children.) Until you are approved, you will not have access to the password protected Community areas of the website. This decision is not made by Bunk1. Bunk1 makes no guarantee that you will be approved in a timely manner or that you will be approved at all. Under no circumstances shall Bunk1 be held responsible for delayed or withheld approval of your registration.
Your account may include access to a password protected one-way email system (viz. "Bunk Notes"). All Bunk Notes sent on a given day are grouped, sorted, and sent to the third party (e.g., the camp director) who administers this part of the Bunk1 website. This third party prints and distributes the Bunk Notes, not Bunk1. Bunk1 makes no guarantee that Bunk Notes will be delivered in a timely manner or that Bunk Notes will be delivered at all. Under no circumstances shall Bunk1 be held responsible for a Bunk Note not being delivered to its intended recipient. Unused Bunk Note credits are non-refundable and non-transferable and expire at the end of the calendar year, unless otherwise noted.
Your account may include access to a fax-back system for camper correspondence (viz. "Bunk Replies"). All Bunk Replies are collected the third party (e.g., the camp director) who administers this part of the Bunk1 service and are faxed to Bunk1. This third party is responsible for collecting Bunk Replies from campers and he, not Bunk1, determines the schedule and frequency of these collections. Bunk1 scans and processes the fax and then delivers the Bunk Replies to their intended recipients. Only correspondence written on correctly formatted Bunk Reply forms can be processed and delivered by Bunk1. Bunk1 makes no guarantee that Bunk Replies will be delivered in a timely manner or that Bunk Replies will be delivered at all. Under no circumstances shall Bunk1 be held responsible for a Bunk Reply not being delivered.
Your account may include access to a password protected Photo Gallery. Pictures are taken and uploaded to the website by the third party (e.g., the camp director) who administers this part of the Bunk1 website, not Bunk1 itself. Bunk1 makes no guarantee that pictures will be posted in a timely manner, that a specific picture will be posted, or that any pictures will be posted at all. Under no circumstances shall Bunk1 be held responsible for the content of the Photo Gallery or the lack thereof. Should you choose to order photo prints or photo gifts (e.g., t-shirts, mugs), these items are fulfilled and shipped by a Bunk1 partner company. Title to the merchandise you order transfers to you at the time our partner deposits the merchandise with the designated shipper (e.g., US Mail, UPS).
Your account may include access to a password protected Newsletter. Newsletters are written and uploaded to the website by the third party (e.g., the camp director) who administers this part of the Bunk1 website, not Bunk1 itself. Bunk1 makes no guarantee about Newsletter's content, that Newsletters will be posted in a timely manner, or that any Newsletters will be posted at all. Under no circumstances shall Bunk1 be held responsible for the content of the Newsletter or the lack thereof.
You acknowledge that the Bunk1 Site contains Content that is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Bunk1 owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as explicitly permitted by Bunk1. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
DISTRIBUTION/UPLOADING OF THIRD PARTY CONTENT
Except as set forth in the section above entitled "Proprietary Rights," you may upload to or otherwise distribute on the Bunk1 Site only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You, and not Bunk1 (nor its affiliates, nor any of its officers, directors, employees, agents, third-party partners, sponsors or advertisers, service providers, licensors, or the like), will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By submitting any Content to Bunk1 or any of its users, you automatically grant, or warrant that the owner of such Content has expressly granted, Bunk1 the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any other user to access, store, or reproduce the Content for that user's personal use. Subject to this grant, the owner of Content placed on the Bunk1 Site retains any and all rights which may exist in such Content.
THIRD PARTY CONTENT
Bunk1 is a distributor and not a publisher of the Content supplied by third parties and you. Bunk1 does not have editorial control over much of this Content. In many instances, in fact, the Content available through Bunk1 represents the opinions and judgments of a user or third party that is not under contract with Bunk1. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including by third party partners, sponsors or advertisers, service providers, licensors or any other user of the Bunk1 Site, are those of the respective authors or distributors and not of Bunk1 or its affiliates or any of its officers, directors, employees, or agents. Neither Bunk1 nor its affiliates, nor any of its officers, directors, employees, or agents, nor any third party, including any third party partners, sponsors or advertisers, service providers, licensors or any other provider of Content to the Bunk1 Site, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. Bunk1 neither endorses nor is responsible for any opinion, advice, or statement made on the Bunk1 Site by anyone including Bunk1 employees. Under no circumstances shall Bunk1, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by your reliance on information obtained through the Bunk1 Site.
Bunk1 will electronically monitor areas of the Bunk1 Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate this web site; or (iii) to protect the rights or property of Bunk1 or its third-party partners, sponsors or advertisers, service providers, licensors or any other user of the Bunk1 Site.
Bunk1 is not responsible for screening, policing, editing, or monitoring Content provided by third parties. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, Bunk1 may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Bunk1 Site. Bunk1 reserves the right to monitor and to prohibit or remove conduct, communication, or Content that it deems in its sole discretion to be harmful to users, Bunk1 or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Bunk1 nor its third-party partners, sponsors or advertisers, service providers, licensors or any other user of the Bunk1 Site can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither Bunk1, nor its affiliates, nor any of its officers, directors, employees, or Agents, nor its third-party partners, sponsors or advertisers, service providers or licensors shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Bunk1 Site.
NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bunk1’s Copyright Agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple works are affected, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bunk1 to locate the material;
• Information reasonably sufficient to permit Bunk1 to contact you, including your address, telephone number, and, if available, an email address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Bunk1´s Copyright Agent may be reached as follows:
Bunk1´s Copyright Agent
55 Broad Street – 9th Floor
New York, NY 10004
The Bunk1 Site is controlled by Bunk1 from its offices within the United States of America. Bunk1 makes no representation that Content in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to this website, the services provided through this website or the Content shall be governed by the internal substantive laws of the State of New York, unless provided otherwise by contract. Any claim against Bunk1 shall be governed by the laws of the State of New York.
You may not use the Bunk1 Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas (if any) that are designated for such a purpose.
ACKNOWLEDGMENT AND CHANGES
This Agreement represents the entire understanding between you and Bunk1 regarding your relationship with Bunk1 and the Bunk1 Site and supersedes any prior statements or representations.