Terms of Use
Legal Information
- General Provisions
- End User Terms and Conditions
- Third Party Notices
- Disclaimer of Warranties and Limitation of Liability
- Site Policies, Modification, and Severability
By using or allowing others to use the software, materials, interactive features, and website associated
with DiscoverDayCamp.com (the “Website”), you
(the “User”) are agreeing to be bound by these legal terms and conditions
(“Agreement”). Any person interacting with the Website in any
way, including but not limited to prospective campers, campers, coaches, pastors, teachers,
administrators, and parents, are Users for the purposes of this
Agreement. If you do not agree to the terms and conditions of this Agreement, you are not entitled to
use this Website. If you are dissatisfied with this Website,
any Website content, or the terms and conditions of this Agreement, you agree that your sole and
exclusive remedy is to discontinue your use of this Website.
You acknowledge and accept that your use of this Website is at your sole risk. You represent you have
the legal capacity and authority to accept these Legal Terms
and Conditions on behalf of yourself or any party you represent. Certain terms of this Agreement may not
apply to your use of the Website however all applicable
terms are nonetheless binding. As the rightful owner of the Website, Youth Outreach Ministry,
Inc. (“YOM”) reserves the right in its sole
and unfettered discretion to change or terminate the terms of this Agreement at any time and from time
to time without any notice to you by posting said changes
on the DiscoverDayCamp.com website. Any such changes are hereby incorporated into this Agreement by
reference as though fully set forth herein.
- General Provisions
- Indemnification. You, the User of this Website, agree
to indemnify and hold YOM, its subsidiaries, affiliates, parent, successors
and/or assigns, and each of their directors, officers, agents, contractors, partners and
employees, harmless from and against any loss, liability,
claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees,
arising out of this Agreement or in connection with any use of
the Website including but not limited to any damages, losses, or liabilities whatsoever with
respect to damage to any property or loss of any data
arising from the possession, use, or operation of the Website by the User or any customers,
users, students, or others, or arising from transmission
of information or the lack thereof connected with the Website described in this Agreement.
- Termination. This Agreement shall remain in effect
until terminated. This Agreement may be terminated at YOM’s sole discretion and
without prior notice, or by mutual written agreement between the parties, but not by the
User. YOM may suspend, terminate, or delete your access
to the Website without prior notice and in YOM’s sole and unfettered discretion and
YOM shall not be liable for any such suspension, termination,
or deletion or its effects, including but not limited to interruption of business or
education, loss of data or property, property damage, or any
other hardship, losses, or damages. YOM may unilaterally and without notice terminate this
Agreement and/or your access to the Website if you or
any other person or entity using the Website violates any provision of this Agreement. YOM
shall not be liable to you or to any third party for any
termination. Upon termination you or any other person or party using the Website shall cease
to use the Website at your sole cost and expense.
- Updates. At its option, from time to time, YOM may
create updated versions of the Website and may make such updates available to
you either for a fee or for free. Unless explicitly stated otherwise, any such updates will
be subject to the terms of this Agreement including any
amendments to this Agreement, to be determined in YOM’s sole discretion.
- Proprietary Materials. All content available through
the Website, including designs, text, graphics, pictures, video, information,
applications, software, music, sound, and other files, and their selection and arrangement
(“Site Content”), as well as all software
and materials contained in or related to the Website are protected by copyrights,
trademarks, service marks, patents, trade secrets, or other proprietary
rights and laws. You hereby agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from such content or materials. Systematic
retrieval of data or other content from the Website to
create or compile, directly or indirectly, a collection, compilation, recreation, database,
or directory of Website materials is prohibited except
as provided for herein. Use of Website content or materials for any purpose not expressly
provided for herein is prohibited.
- Disclaimer of Warranty. The Website is provided
“as is”, with all faults and without warranty of any kind. YOM HEREBY
DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EITHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF
ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. YOM DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE CONTENT
IS ACCURATE, RELIABLE, OR CORRECT OR THAT IT WILL MEET
YOUR NEEDS OR REQUIREMENTS, THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED,
OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. You assume the entire
risk as to the quality, results, and performance of the
Website as well as the entire risk and cost of all service, repair, or correction. No oral
or written information, advice, suggestions, or recommendations
given by YOM, its representatives, dealers, distributors, agents, or employees shall create
a warranty or in any way increase the scope of this Agreement
and you may not rely on any such information, advice, suggestions, or recommendations. Some
jurisdictions do not allow the exclusion or limitation
of certain warranties or consumer rights so some exclusions and limitations may not apply to
you.
- Limitation of Liability. You hereby agree that YOM,
its subsidiaries, affiliates, and assigns, and each of their directors, officers,
agents, contractors, partners, and employees, shall not be liable to you or any third party
for any indirect, special, consequential, or incidental
damages including but not limited to damages for loss of funds or property, business
interruption, loss of business opportunity, loss of data, or
any other hardship, damages, or losses arising out of or related to: the use or inability to
use the Website, however caused; unauthorized or accidental
access to or alteration of data; statements or conduct of any third party; or any matter
relating to the use of the Website; and even if YOM has
been advised of the possibility of such damages. Some jurisdictions do not allow the
exclusion or limitation of certain remedies or damages so some
exclusions and limitations may not apply to you.
- Severability. If any provision of this Agreement is
held to be ineffective, unenforceable, or illegal for any reason, YOM shall
be deemed reformed such provision to the extent necessary to make it effective, enforceable,
and legal or such provision may be deemed severed and
in either case this Agreement with such provision reformed or severed shall remain in full
force and effect to the fullest extent permitted by law.
- Controlling Law and Controversies. This Agreement
shall be governed by the laws of the State of Florida and of the United States.
You understand and agree that use of the Website may involve interstate data transmissions
which may be considered a transaction in interstate commerce
under federal law. If any controversy or claim arising out of or relating to this Agreement
cannot be solved by negotiation between the parties,
the parties hereby agree to attempt in good faith to settle the dispute through mediation
administered by a mutually agreed upon mediator in Escambia
County, FL. In the event of legal action relating to the Agreement or the Website, the venue
of such action shall be in the State or Federal
Court situated in Escambia County, Florida, and User expressly waives any defense of forum
non convenience.
- Entire Agreement. This Agreement constitutes the
entire agreement between YOM and the User relating to the subject matter hereof
and supersedes all prior understandings, promises, and undertakings, if any, made orally or
in writing with respect to the subject matter hereof.
No modification, amendment, waiver, termination, or discharge of any portion of this
Agreement shall be binding unless executed and confirmed in
writing by YOM.
- References. All references herein shall mean, include
and refer to YOM, its subsidiaries, affiliates, parent, successors and/or assigns.
- End User Terms and Conditions
- Ownership. This Website and all associated materials
provided by YOM are the solely owned or appropriately licensed property of
YOM. The Website is licensed, not sold, to you under the terms of this Agreement. YOM does
not sell, convey, transfer or assign any title, ownership
right, or interest in or to the Website. By using this Website, you are agreeing only to a
non-exclusive, nontransferable license to use, according
to the terms of this Agreement, the Website and any software programs or other proprietary
material of third parties that are incorporated into the
Website. YOM reserves and retains all applicable right, title, and interest (including but
not limited to copyrights, patents, trademarks, and service
marks and any and all other intellectual property rights) in and to the Website and all
associated materials. Any remuneration paid for this product
constitute a license fee for the use of the Website.
- Use.
- The copying, reproduction, duplication, translation, reverse engineering,
adaptation, decompilation, disassembly, reverse assembly, modification,
or alteration of the Website or any portion thereof is expressly prohibited without
the prior written consent of YOM except as provided for herein.
The merger or inclusion of the Website or any portion thereof with any computer
program, and the creation of derivative works or programs from the
Website or any portion thereof, is also expressly prohibited without the prior
written consent of YOM.
- Requests for permission to reproduce, duplicate, adapt, or otherwise exploit any
portion of the Website should be submitted in writing to YOM address
listed at the end of this Agreement. Any permissions granted shall be in the sole,
unfettered and exclusive discretion of YOM.
- Neither the Website nor any part thereof may be rented, leased, sold, assigned,
transferred, re-licensed, sub-licensed, or conveyed for any purpose.
Any attempted rental, lease, sale, assignment, transfer, re-license, sub-license,
conveyance, gift, or other disposition of the Website in violation
of this Agreement is null and void. Any act or failure to prevent an act in
violation of this Agreement may result in civil and/or criminal prosecution.
- Programs or software developed and/or owned by entities other than YOM and included
with or incorporated into the Website (“Third Party Software”)
is subject to and its use is governed by this Agreement. The use of Third Party
Software except as for any purpose other than its intended use in
conjunction with the Website is prohibited.
- Registration and Identifying Information. You hereby
represent and warrant that any and all information provided by you to YOM shall
be complete, true, accurate, and current in all respects and that you shall update any
changes to information as soon as such changes occur. As related
to your use of the Website, you are responsible for maintaining the confidentiality of any
account information or password and for restricting access
to your computer. You agree to accept responsibility for all activities that occur under
your account and password. When providing any identifying
information about students or minors, you hereby represent and warrant that you are
authorized to provide such information and that you have read
and agreed to the terms of the Privacy Policy associated with this Website, which is
incorporated by reference.
- Third Party Sites and Content. The Website may
contain (or may send you through or to) links to other websites (“Third Party
Sites”) as well as articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and
other content or items belonging to or originating from third parties (“Third Party
Content”). YOM does not check such Third Party Sites
and Third Party Content for accuracy, appropriateness, or completeness and YOM is not
responsible for any Third Party Sites accessed through use
of the Website or for any Third Party Content posted on, available through, or installed
from the Website, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the Third
Party Sites or the Third Party Content. Inclusion of, linking
to, or permitting the use or installation of any Third Party Site or any Third Party Content
does not imply approval or endorsement thereof by YOM.
Although some computers may employ filtering software to prevent access to certain Third
Party Sites, YOM shall have no responsibility or liability
whatsoever for any Third Party Sites or Third Party Content accessed through use of the
Website.
- User Conduct. You represent, warrant, and agree that
no materials of any kind submitted through your account or otherwise created,
used, posted, transmitted, or shared by you or others through you on or through the Website
will violate or infringe upon the rights of any third
party, including copyright, trademark, privacy, publicity, or other personal or proprietary
rights; or contain libelous, defamatory, or otherwise
unlawful material. You further agree not to use the Website to:
- collect email addresses or other contact information of other users from the
Website;
- send unsolicited communications to other users of the Website;
- use the Website in any unlawful or unauthorized manner or in any other manner that
could damage, disable, overburden, or impair the Website or the
intellectual property rights owned or licensed by YOM as described elsewhere herein;
- upload, post, transmit, share, store, or otherwise make available any content that
YOM deems harmful, threatening, unlawful, defamatory, infringing,
abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy
or publicity rights, hateful, or racially, ethnically, or otherwise
objectionable;
- upload, post, transmit, share, store, or otherwise make publicly available through
the Website any private information of any third party;
- upload, post, transmit, share, or otherwise make available any material that
contains software viruses or any other computer code, files, or programs
designed to interrupt, destroy, or limit the functionality of any computer software
or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store, or otherwise make available content that would
constitute, encourage, or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create liability
or violate any local, state, national, or international law;
- use or attempt to use another’s account, service, or system or create a false
identity on the Website;
- interfere with or disrupt the Website or servers or networks connected to the
Website, or disobey any requirements, procedures, policies, or regulations
of networks connected to the Website;
- upload, post, transmit, share, store, or otherwise make available content that
infringes any proprietary rights of any party or defames, slanders,
or libels any party, or otherwise violates any law of the United States or the
jurisdiction in which you reside;
- upload, post, transmit, share, store, or otherwise make available content that, in
the sole judgment of YOM, is objectionable or which restricts
or inhibits any other person from using or enjoying the Website, or which may expose
YOM or its users to any harm or liability of any type.
- link any pages or content within this website to any other websites without the
prior written permission of YOM.
- Contact. If you have any questions regarding this Policy, please contact:
Youth Outreach Ministry
P.O. Box 18500
Pensacola, FL
32523-8500, U.S.A.
- Third Party Notices
The Website may incorporate or have been created with the use of and in conjunction with Third Party
Software. This Third Party Software may only
be used in conjunction with the Website and you may not use this Third Party Software for any other
purpose or with any other product or service
at any time or for any reason.
Youth Outreach Ministry Contact Information
Youth Outreach Ministry
P.O. Box 18500
Pensacola, FL
32523-8500, U.S.A.
- Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGHOUT THIS
SITE ARE PROVIDED BY YOM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS
OTHERWISE SPECIFIED IN WRITING. YOM MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE
SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS
SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOM DOES NOT WARRANT THAT THIS SITE;
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR
SERVERS; OR EMAIL SENT FROM YOM ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. YOM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE
OF THIS SITE OR FROM ANY INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN
WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
- Site Policies, Modification, and Severability
Please review our other policies, such as our privacy policy posted on this site. We reserve the
right to make changes to our site, policies, and these
Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed severable
and shall not affect the validity and enforceability of any remaining condition
All trademarks that appear in this product are the property of their respective owners. All rights
reserved.