Camp Christmas | Campgrounds

Camp Christmas – Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the services provided through the website located at www.camp-christmas.com (“Website”) and any materials, information, and data hosted or transmitted via the Website, including all Member Content, as defined below, (collectively, “Content”) as provided by Hanzon Studios, Inc. (“us”, “our”, or “we”). Your access to and use of the Website and Content are conditioned on your acceptance of and compliance with these Terms of Use (“Terms”). Please read these Terms carefully.

Terms.
1. By accessing or using the Website you agree to be bound by these Terms. If you are dissatisfied with the Website, Content, or the Terms, you agree that your sole and exclusive remedy is to discontinue your use of the Website. If you are under thirteen (13) years of age, you are prohibited from using this Website without adult supervision.
2. You acknowledge and accept that your use of the Website is at your sole risk. You represent you have the legal capacity and authority to accept these Terms and you understand that some of these Terms may not apply to you but all the Terms are nonetheless binding. As the rightful owner of the Website, we reserve the right to change or terminate these Terms at any time and from time to time without any notice to you. Any such changes are automatically made part of these Terms and are fully enforceable on you.
Ownership. The Website and associated Content is the owned or appropriately licensed property of Hanzon Studios, Inc. The Content is protected by copyrights, trademarks, service marks, trade secrets, and/or other proprietary rights and laws, including all intellectual property rights whether or not those rights are registered. We reserve all applicable rights in and to the Website and Content. 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 the Website materials is prohibited except as provided for herein.
Membership. In the event you choose to purchase a membership to access and use the Member Content limited strictly to members, the following terms apply:
1. Member Content. “Member Content” means, collectively, all the videos, visual media, written media, gamification, and other such items made available in connection with the membership service provided by us through the Website.
2. Member Rights. Subject to these Terms and your payment of the applicable fees (the “Fee”), we grant to you a limited, non-exclusive, worldwide, non-transferable right and license to access and use the Member Content during the set subscription period (the “Subscription Period”) for the number of users for which the corresponding fee has been paid. You shall not sell, lease, license, or otherwise transfer or directly profit from the exploitation of the Member Content hereunder. No rights to the Member Content are granted to you other than as expressly provided for herein.
3. Subscription Period. In the event you choose to become a paying user of the Member Content, the Subscription Period for the Member Content will begin immediately upon payment of the Fee and will terminate at the end of the applicable period. You agree to pay the Fee for the Subscription Period.
4. Fee. In consideration of the rights granted herein, you agree to pay to us (a) the Fee as notified by us at the time of the initial purchase at the start of the Subscription Period together with all applicable taxes or other duties or levies. We warrant that the Fee is full and complete consideration for the rights to the Member Content granted herein.
5. Payment by Credit Card. If you are paying by credit card, you authorize us to charge your credit card for all fees payable at the beginning of the Subscription Period. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
6. Cancellation. You may cancel your subscription at any time upon written notice to us. We may terminate your subscription at any time following written notice for a material breach of your obligations under these Terms.
7. No Refunds. The Fee is non-refundable. We will not provide refunds or credits for any partial Subscription Periods or unused Member Content. If you cancel your subscription to the Member Content you will not be refunded or credited any portion of your Fee. Following any cancellation, however, you will continue to have access to the Member Content through the end of the Subscription Period, at which point your access will terminate.
8. Login Required. In order to access the Member Content on the Website, or to post certain User Content, you may be asked to set up an account and password. Our account registration page may request certain personal information from you. You will have the ability to maintain and periodically update such information as you see fit. By registering, you agree that all information provided by you is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
9. Password/Security. If you register for a membership, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities and/or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account.
10. Representations and Warranties. We represent and warrant that (i) we own or control all rights in and to the Member Content hereunder; and (ii) to the best of our knowledge and belief, no Member Content or other rights granted hereunder does or will infringe upon or violate any rights of any third party.
11. No Joint Venture. Nothing contained herein will be construed to constitute the parties as partners or joint venturers nor deem any party the agent of any other party, nor will any similar relationship be deemed to exist between them.
Prohibitions. You may not: (a) reverse engineer, decompile, tamper with, or create derivative works of the Website or Content; (b) change, modify, or alter the Website or Content; (c) circumvent any protections that are a part of the Website; (d) use the Website for any commercial or illegal purpose; (e) contact or collect any information about any other user of the Website through the Website; (f) use the Website to violate any legal right of any third party; (g) use any automated means to access or use the Website (including scripts, “bots” or similar software); (h) sublicense the Subscribed Content; or (i) duplicate, reproduce, publish, display, distribute, or creative derivative works of the Content through any means, except as provided for herein.
Use. The Website, including the Content, is protected by applicable law and you are explicitly advised that any use of the Website or Content in violation of the law is prohibited. Any unauthorized duplication, reproduction, performance, display, distribution, or derivative works of any copyrighted Content not owned, or duly licensed, by you is against the law. Use of Website or Content for any purpose not expressly provided for herein is prohibited.
User Conduct. You represent, warrant, and agree that no materials of any kind submitted 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:
1. Take any unlawful or unauthorized actions or in any way damage, disable, overburden, or impair the Website or the intellectual property rights owned or licensed by us as described elsewhere herein;
2. 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; or
3. 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
User Content. The Website, and related services, may allow you to communicate, submit, upload, or otherwise make available text, images, audio, video, or other content (“User Content”) which may be accessible and viewable by the public.
1. Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for your User Content. Posting, transmitting, or sharing User Content through the Website that you did not create, that you do not have the rights to, or that you do not have permission to post is prohibited. You understand and agree that we may, but are not obligated to, review and may delete or remove (without notice) any User Content in our sole discretion, for any reason or no reason, including User Content that in our sole judgment violates these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide to us. You agree that you will not post any User Content that:
  1. Is threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy;
  2. Intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or
  3. Includes graphic descriptions of sexual or violent content.
2. We claim no ownership to your User Content, however, by posting User Content through any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
3. You represent and warrant that your User Content conforms to these Terms and that you own or have the necessary rights and permissions to use and exploit, and to authorize us to use and exploit, your User Content in all manners contemplated by these Terms. You agree to indemnify and hold us harmless from any demands, loss, liability, claims, or expenses made against us by any third party arising out of or in connection with our use and exploitation of your User Content.
Updates. From time to time, we may create updated versions of the Website. Updates may be automatically transmitted to you and you accept such updates according to these Terms. Unless explicitly stated otherwise, all updates will be subject to these Terms, including any amendments to these Terms.
Adventure Bundles. In the event you choose to purchase one or more Adventure Bundles, the following terms and disclaimers apply:
1. Adventure Bundles. “Adventure Bundles” means any bundle, package, or arrangement of items and/or materials available for sale through the Website, including all individual items, materials, or contents therein.
2. Adventure Bundles Purchase Price. The purchase price for each Adventure Bundle will be listed at the time of purchase. All prices are subject to change or discount by us at any time, at our sole discretion.
3. Payment by Credit Card. If you are paying by credit card, you authorize us to charge your credit card for all fees, together with all applicable taxes or other duties or levies, payable at the time of purchase. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
4. Adventure Bundles Content Subject to Change. Adventure Bundles are comprised of individually sourced items and materials, as well as hand-crafted artisan items. All contents of each of the Adventure Bundles are subject to the availability of items and materials at any given time. The contents that make up each of the Adventure Bundles are subject to change by us at any time, at our sole discretion and we reserve the right to substitute items or materials of equal or greater value if any item or material is unavailable or cannot be included, in whole or in part, for any reason. We further reserve the right to substitute, alter, or modify the color, design, or style of any item, material, aspect, or overall look and feel of the Adventure Bundles at our sole discretion.
5. Delivery. We will make reasonable efforts to deliver all Adventure Bundles promptly and expeditiously, but we make no guarantees that Adventure Bundles will arrive at any established time or without any delay, nor can we guarantee that the Adventure Bundles will arrive undamaged. We will not be liable to you, and you release and hold us harmless, for any damage and delays or failure to deliver any Adventure Bundles, in whole or in part, arising from circumstance outside of our control.
6. Safety. Some Adventure Bundles may contain items or materials that may pose a risk to you if not used safely and correctly. You understand and agree that there are certain risks of injury that may arise from the possession, use, or misuse of the Adventure Bundles or their contents, including the risk of injury, disability, death, or damage to property. You hereby assume full responsibility for all risks arising directly or indirectly from your possession, use, or misuse of the Adventure Bundles, both known and unknown, regardless of the cause. We encourage that all children be under the strict supervision of an adult at all times when interacting with any Adventure Bundles and their contents.
7. Disclaimer of Warranty. The Adventure Bundles and all contents therein are provided “as is.” We make no warranties, express, implied, or statutory as to any matter whatsoever, including the condition of the Adventure Bundles, their merchantability, design, capacity, performance, material, workmanship, fitness for any particular purpose, or that they will meet the requirement of any laws, rules, specifications, or contracts.
8. Limitation of Liability. We hereby disclaim any liability whatsoever for loss, damage, or injury to you or third parties as a result of the use of the Adventure Bundles or any defects, latent or otherwise, in the Adventure Bundles. In no event and under no circumstances will we be responsible or liable to you or any third party for any damages, including for injury, death, lost profits, lost savings, or other direct or indirect or incidental or consequential damages arising out of the use or inability to use the Adventure Bundles, even if we have been advised of the possibility of such damages.
9. COVID-19. The novel coronavirus, COVID-19, is extremely contagious and is believed to spread mainly from person-to-person contact. We have set in place reasonable safety protocols for preparing and packing the Adventure Bundles to decrease the risk of exposure to COVID-19. However, we cannot prevent any individual from being exposed to, contracting, or spreading COVID-19 as a result of latent exposure from Adventure Bundles packaging. You assume all risk of exposure and illness by acceptance of delivery of any and all Adventure Bundles. You forever release and hold us harmless from any and all liabilities, claims, actions, damages, costs, and expenses of any kind relating to you contracting COVID-19 in connection with the Adventure Bundles or any packaging connected thereto.
Digital Millennium Copyright Act. We comply with all copyright laws including the Digital Millennium Copyright Act (“DMCA”). If you believe the Website violates any copyright that you own or control, submit notification to us at the address provided in the “Contact” section that includes:
1. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works claimed to have been infringed.
3. 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;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which you may be contacted;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
6. 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 the exclusive right that is allegedly infringed.
Third Party Sites. The Website may contain (or may send you through or to) links to non-Website websites and/or software (“Third Party Sites”). We are not responsible for such Third Party Sites or for any content posted on, available through, or installed from such Third Party Sites. Inclusion of, linking to, or permitting the use or installation of such Third Party Sites does not imply approval or endorsement thereof by us. We shall have no responsibility or liability whatsoever for any Third Party Sites accessed through use of the Website. Your use and interaction with Third Party Sites may be subject to separate terms and conditions of such Third Party Sites. If you access Third Party Sites, you must comply with the terms and conditions that apply.
Privacy Policy. The information we obtain through your use of the Website is subject to a Privacy Policy which is available at https://camp-christmas.com/sales/privacy-policy/and is specifically incorporated by reference into these Terms.
Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Website or the Content and reporting you to the proper authorities.
Disclaimer of Warranty. The Website and all Content are provided “as is”, with all faults and without warranty of any kind. We hereby disclaim all warranties with respect to the Website and Content either express, implied, or statutory, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights. We do not warrant, guarantee, or make any representations that the Website or Content is reliable, secure, or accurate, that it will meet your needs or requirements, that the Website or Content will be available at any particular time or location, any defects or errors will be corrected, or free of viruses or other harmful components. You use the Website at your own risk. No oral or written communications from us shall create a warranty or in any way increase the scope of these Terms and you may not rely on any such communications. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consumer rights so some exclusions or limitations may not apply to you but they shall apply to the maximum extent permitted by law.
Limitation of Liability. You hereby agree that we, along with our 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, injury, death, or any other hardship, damages, or losses arising out of or related to: the use or inability to use the Website or Content, 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 or Content; and even if we have 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 but they shall apply to the maximum extent permitted by law.
Indemnification. You do hereby indemnify and hold us, our subsidiaries, affiliates, and 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 these Terms or in connection with any use of the Website or Content including, but not limited to, any damages, losses, or liabilities whatsoever with respect to or arising from the possession, use, or operation of the Website or Content.
Severability. If any provision of these Terms is found unenforceable or illegal, we may reform such provision to make it enforceable and legal or such provision may be severed and in either case these Terms with such provision reformed or severed will remain in full force and effect to the fullest extent permitted by law. Our failure to enforce any part or portion of these Terms shall not be considered a waiver.
Dispute Resolution. Any dispute, controversy, or claim arising out of or related to these Terms, or the breach thereof, which cannot be resolved by good faith negotiation between the parties shall be settled by binding arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Denver, Colorado. Any resulting resolution may include the award of related fees and costs, including reasonable attorneys’ fees, and may be entered in any court of competent jurisdiction.
Controlling Law. These Terms shall be governed by the laws of the State of Colorado and of the United States. All claims, legal proceedings, or litigation arising in connection with the Website or Content will be brought solely in the courts located in Denver, Colorado and you consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Entire Agreement. These Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof. You may not assign any of these Terms. We may assign all or any portion of these Terms in our sole discretion. No modification, amendment, waiver, termination, or discharge of any portion of these Terms shall be binding unless executed and confirmed in writing by us.
Contact. If you have any questions regarding these Terms, please contact:

Camp Christmas c/o Hanzon Studios, Inc.

sales@camp-christmas.com

1585 Glen Bar Drive

Lakewood, Colorado 80215