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myRVparks.com
Terms of Use Agreement
myRVparks.com is an online social networking service that allows
Members to create personal profiles online in order to find and
communicate with old friends and new friends. The services
offered by myRVparks.com ("myRVparks.com" or "we" or "us" or "myRVparks")
include the myRVparks.com website (the "myRVparks Website" or
"website"). By using the myRVparks website you agree to be bound
by these terms of service (this "Agreement"). In addition, if
you wish to become a myRVparks member ("user") and communicate
with other Members and use the myRVparks service and services
you must read this agreement in its entirety and indicate your
acceptance of myRVparks terms by following the instructions in
the SignUp page and checking the labeled I agree to myRVparks's
terms of Service box. The myRVparks Services are hosted in the
U.S.
By signing up
at myRVparks.com you will also, receive a free bi-monthly
enewsletter from myRVparks.com with special discount coupons and
other special happenings and information. However, on the enews
members will have an opportunity to opt out if they no longer
wish to receive any enews from myRVparks.com. This is just a way
to stay in touch and keep members informed.
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the myRVparks Services. By using
the myRVparks Services, you agree to be bound by this Agreement,
whether or not you become a member and are just a visitor or you
are a "Member" (which means that you have registered with
myRVparks.com). The term "User" refers to a Visitor or a Member.
You are only authorized to use the myRVparks Services
(regardless of whether your access or use is intended) if you
agree to abide by all applicable laws and to this Agreement.
Please read this Agreement carefully and save it. If you do not
agree with it, you should leave the myRVparks Website and
discontinue use of the myRVparks Services immediately. If you
want to become a Member, communicate with other Members and make
use of the myRVparks Services, you must read this Agreement and
indicate your acceptance during the Registration process.
This Agreement includes myRVparks.com's policy for acceptable
use of the myRVparks Services and Content posted on the
myRVparks Website, your rights, obligations and restrictions
regarding your use of the myRVparks Services.
myRVparks.com may change this Agreement from time to time and
such changes shall be effective upon posting by myRVparks.com on
the myRVparks Website. You agree to be bound to any and all
changes to this Agreement when you use the myRVparks Services
after any such changes are posted. It is therefore important
that you review this Agreement regularly to ensure you are
updated as to any changes.
Please be careful about the information you post on
myRVparks.com and that you provide to other Members and or
users. Your myRVparks.com profile may not include the following
items: telephone numbers, street addresses, harassing, sexually
explicit or otherwise objectionable subject matter. Despite this
prohibition, information provided by other myRVparks.com Members
(for instance, in their Profile) may contain inaccurate,
inappropriate, offensive or sexually explicit material, products
or services, and myRVparks.com assumes no responsibility or
liability for this material. If you become aware of misuse of
the myRVparks Services by any person, please contact
myRVparks.com or click on the "Alert us" link at the bottom
of any myRVparks.com page.
myRVparks.com reserves the right, in its sole discretion, to
reject, refuse to post or remove any posting (including private
messages) by you, or to restrict, suspend, or terminate your
access to all or any part of the myRVparks Services at any time,
for any or no reason, with or without prior notice, and without
liability.
1.
Eligibility. You must be twenty one (21) years of age or older to
signup as a member/user at myRVparks.com or to use the website
and any and all of its Services. You warrant that all
registration information you submit is truthful and accurate and
you will maintain the accuracy of such information. You further
agree that your use of the myRVparks Services does not violate
any applicable law or laws or regulations. Your profile and
membership may be deleted and your profile and Membership may be
terminated without warning, if we believe that you are under 21
years of age or have violated any of these terms set forth in
this agreement.
2.
Term. This Agreement shall remain in full force and effect while you use
the myRVparks website or are a Member. You may terminate your
Membership at any time, for any reason, by following the
instructions on the Member's Settings page. myRVparks.com may
terminate your Membership at any time, without warning. Even
after Membership is terminated, this certain sections of this
Agreement will remain in effect.
3.
Password. When you sign up to become a Member, you will choose a
password. You are entirely responsible for the confidentiality
of your password. You agree not to use the membership, username,
or password of another Member at any time or to disclose your
password to any third party. You agree to notify myRVparks.com
immediately if you suspect any unauthorized use of your
membership or access to your password. You are solely
responsible for any and all use of your membership.
4.
Non-commercial Use by Members. The myRVparks Services are for the
personal use of individual Members only and may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by myRVparks.com. Illegal
and/or unauthorized use of the myRVparks Services, including
collecting user names and/or email addresses of Members by
electronic or other means for the purpose of sending unsolicited
email or unauthorized framing of or linking to the myRVparks
Website is prohibited. Commercial advertisements, affiliate
links, and other forms of solicitation may be removed from
Member profiles without notice and may result in termination of
Membership privileges. Appropriate legal action will be taken
for any and all illegal or unauthorized use of the myRVparks
Services. Organizations, companies, and/or businesses may not
become members or set up personal web place or any of the
services on the website other than those offered on
myRVparks.com commercial member program only. For commercial
advertisements and services please click on the link on the
bottom of all of our web pages that says "advertise with us".
5.
Proprietary Rights in Content on myRVparks.com.
1.
Rights in Content Posted by myRVparks or other Users/Members. myRVparks owns and retains all
proprietary rights in the Website and the service. The website
contains certain copyrighted material which includes also links
and compilations of individual data, trademarks, and other
proprietary information of myRVparks, or users/members and our
licensors. Except for information that is in the public domain,
you may not copy, change, modify, transmit, distribute, display,
perform or sell any such proprietary materials or information
without myRVparks's written consent in each case.
2.
Rights in Content Posted by You. By displaying, uploading, ("posting") or publishing any text,
links, photos, video, messages, or other data or information
("content") on to the website (including in your profile or
personal web place) you automatically grant, and warrant that
you have the right to grant to myRVparks an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display and distribute such material content and
to prepare derivative works of or incorporate into other works,
such content and to grant and authorize sublicenses of the
foregoing.
6.
Content Posted by you to the Service & Website
myRVparks.com may delete any Content that in the sole judgment
of myRVparks.com violates this Agreement or which may be
offensive, illegal or violate the rights, harm, or threaten the
safety of any person. myRVparks.com assumes no responsibility
for monitoring the myRVparks Services for inappropriate Content
or conduct. If at any time myRVparks.com chooses, in its sole
discretion, to monitor the myRVparks Services, myRVparks.com
nonetheless assumes no responsibility for the Content, no
obligation to modify or remove any inappropriate Content, and no
responsibility for the conduct of the User submitting any such
Content.
You are solely responsible for the Content that you post on the
website and any of the myRVparks Services, and any material or
information that you post or send to other Members and for your
interactions with other Members/Users. myRVparks.com does not
endorse and has no control over the Content. Although all
pictures are approved before they are posted, not all Content is
not necessarily reviewed by myRVparks.com prior to posting and
does not necessarily reflect the opinions or policies of
myRVparks.com. myRVparks.com makes no warranties, express or
implied, as to the Content or to the accuracy and reliability of
the Content or any material or information that you post or send
to other Members.
7.
Content/Activity Prohibited. The following is a partial list of the
types of Content that not legal or prohibited to post or send on
the myRVparks website. myRVparks.com reserves the right to
investigate and take appropriate legal action against anyone
who, in myRVparks.com's sole discretion, violates this
provision, including without limitation, removing the offending
communication from the myRVparks website and terminating the
Membership of such violators. Prohibited Content includes, but
is not limited to Content that, in the sole discretion of
myRVparks.com:
1.
is offensive and promotes racism, bigotry, hatred or physical
harm, defamation of character of another individual, company or
entity of any kind against any group or individual;
2.
harasses or advocates harassment of another person;
3.
exploits people in a sexual or violent manner;
4.
contains nudity, violence, or offensive subject matter or
contains a link to an adult website;
5.
provides any telephone numbers, street addresses, , URLs or
email addresses;
6.
promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
7.
promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or
links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
8.
involves the transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
9.
contains restricted or password only access pages or hidden
pages or images (those not linked to or from another accessible
page);
10.
promotes any criminal activity or provides instructional
information about illegal activities including, but not limited
to making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
11.
solicits passwords or personal identification information for
commercial or unlawful purposes from other Members;
12.
involves commercial activities or sales without our prior
written consent such as contests, sweepstakes, barter,
advertising, or pyramid schemes;
13.
includes a photograph of another person that you have posted
without that person's permission or consent;
14.
for band and filmmaker profiles, uses sexually suggestive
imagery or any other unfair, misleading or deceptive Content
intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is
illegal or prohibited on the myRVparks Website and through your
use of the myRVparks Services. myRVparks.com reserves the right
to investigate and take appropriate legal action against anyone
who, in myRVparks.com's sole discretion, violates this
provision, including without limitation, reporting you to law
enforcement authorities. Prohibited activity includes, but is
not limited to:
15.
Criminal or tortious activity, including child pornography,
fraud, trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming, sending of viruses or
other harmful files, copyright infringement, patent
infringement, or theft of trade secrets;
16.
Advertising to, or solicitation of, any Member to buy or sell
any products or services through the myRVparks Services. You may
not send any chain letters or junk email to other
Members/users. It is a violation of these rules to use any
information obtained from the myRVparks Services in order to
contact, advertise to, solicit, or sell to any Member/user
without their prior consent. In order to protect our Members
from such advertising or solicitation, myRVparks.com reserves
the right to restrict the number of emails which a Member may
send to other Members at any given time. If you send unsolicited
bulk email, instant messages or other unsolicited communications
of any kind through the myRVparks Services, you acknowledge that
you will have caused substantial harm to myRVparks.com, but that
the amount of such harm would be extremely difficult to
ascertain. As a reasonable estimation of such harm, you agree to
pay myRVparks.com forty dollars ($40.00) for each such
unsolicited email or other unsolicited communication you send
through the myRVparks Services;
17.
covering or obscuring the banner advertisements on your personal
profile page, or any myRVparks.com page via HTML/CSS or any
other means;
18.
any automated use of the system, such as using scripts to add
friends or send comments or messages;
19.
interfering with, disrupting, or creating a burden on the
myRVparks Services or the networks or services connected to the
myRVparks Services;
20.
attempting to impersonate another Member/user or person;
21.
for band profiles, copying the code for your myRVparks Player
and embedding it into other profiles or asking other Members to
embed it into their profiles;
22.
using the membership, username, or password of another Member at
any time or disclosing your password to any third party or
permitting any third party to access your account;
23.
using any information obtained from the myRVparks Services in
order to harass, abuse, or harm another person;
24.
displaying an advertisement on your profile, or accepting
payment or anything of value from a third person in exchange for
your performing any commercial activity on or through the
myRVparks Services on behalf of that person, such as placing
commercial content on your profile, posting blogs or bulletins
with a commercial purpose;
25.
using the myRVparks Services in a manner inconsistent with any
and all applicable laws and regulations.
8.
Copyright Policy. You may not post, modify, distribute, or
reproduce in any way any copyrighted material, trademarks, or
other proprietary information belonging to others without
obtaining the prior written consent of the owner of such
proprietary rights. It is the policy of myRVparks.com to
terminate Membership privileges of any Member who infringes the
copyright rights of others. If you believe that your work has
been copied and posted on the myRVparks Services in a way that
constitutes copyright infringement, please contact us
immediately with the following information: (i) an electronic or
physical signature of the person authorized to act on behalf of
the owner of the copyright interest; (ii) a description of the
copyrighted work that you claim has been infringed; (iii) a
description of where the material that you claim is infringing
is located on the myRVparks Services; (iv) your address,
telephone number, and email address; (v) a statement by you,
made under penalty of perjury, that the above information in
your notice is true and accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
9.
Member/User Disputes. You are solely responsible for your
interactions with other myRVparks.com Members/Users.
myRVparks.com reserves the right, but has no obligation, to
monitor disputes between you and other Members/Users.
10.
Privacy. Use of the myRVparks Services is also governed by our Privacy
Policy, which is incorporated into this Agreement by this
reference.
11.
Disclaimers. myRVparks.com is not responsible for any incorrect or
inaccurate Content posted on the myRVparks Website or in
connection with the myRVparks Services, whether caused by Users
of the myRVparks Services or by any of the equipment or
programming associated with or utilized in the myRVparks
Services. myRVparks.com is not responsible for the conduct,
whether online or offline, of any User of the myRVparks
Services. myRVparks.com assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, any User or Member
communication. myRVparks.com is not responsible for any problems
or technical malfunction of any telephone lines, computer online
systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or
traffic congestion on the Internet or on any of the myRVparks
Services, including any injury or damage to Users or to any
person's computer related to or resulting from participation or
downloading materials in connection with the myRVparks Services.
Under no circumstances shall myRVparks.com be responsible for
any loss or damage, including personal injury or death,
resulting from use of the myRVparks Services, attendance at a
myRVparks.com event, from any Content posted on or through the
myRVparks Services, or from the conduct of any Users of the
myRVparks Services, whether online or offline. The myRVparks
Services are provided "AS-IS" and as available and myRVparks.com
disclaims any warranty of fitness for a particular purpose or
non-infringement. myRVparks.com cannot guarantee and does not
promise any specific results from use of the myRVparks Services.
12.
Limitation on Liability. myRVparks.COM SHALL NOT IN ANYWAY BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN
IF myRVparks.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, myRVparks.COM'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
myRVparks.COM FOR THE myRVparks SERVICES DURING THE TERM OF
MEMBERSHIP.
13.
U.S. Export Controls. Software available in connection with the
myRVparks Services (the "Software") is further subject to
United States export controls. No Software may be downloaded
from the myRVparks Services or otherwise exported or re-exported
in violation of U.S. export laws. Downloading or using the
Software is at your sole risk.
14.
Disputes. If there is any disputes between you and myRVparks about
the website or services by using the website or the services you
agree that the dispute will be governed by the laws of the State
Of
Florida without regards to its conflict of law provisions. You
further agree to personal jurisdiction under and venue in the
state and Federal courts of Tallahassee, Florida for the
resolution of such dispute.
15.
Indemnity. You agree to indemnify and hold myRVparks.com, its
subsidiaries, and affiliates, and their respective officers,
agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use
of the myRVparks Services in violation of this Agreement and/or
arising from a breach of this Agreement and/or any breach of
your representations and warranties set forth above and/or if
any Content that you post on the myRVparks Website or through
the myRVparks Services causes myRVparks.com to be liable to
another.
16.
Other. This Agreement is accepted upon your use of the myRVparks Website
or any of the myRVparks Services and is further affirmed by you
becoming a Member. This Agreement contains the entire agreement
between you and myRVparks.com regarding the use of the myRVparks
Services. myRVparks.com’s failure to exercise or enforce any
right or provision of this Agreement shall not operate as a
waiver of such right or provision. The section titles in this
Agreement are for convenience only and have no legal or
contractual effect. myRVparks.com is a trademark of American
Camping Corporation. This Agreement operates to the fullest
extent permissible by law. If any provision of this Agreement is
unlawful, void or unenforceable, that provision is deemed
severable from this Agreement and does not affect the validity
and enforceability of any remaining provisions.
Please contact us at:
ContactUs@myrvparks.com
with any questions regarding this Agreement.
I
HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE. |