WildCare’s Virtual Camp Terms of Use 

Last Modified: June 15, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ENROLLING IN OR PARTICIPATING IN OUR VIRTUAL CAMP.

1. Introduction

These terms of use (the “Terms”) describe your rights and responsibilities with regard to WildCare’s virtual summer camp located at discoverwildcare.thinkific.com (the “Virtual Camp”).  Use of the Virtual Camp is governed by these Terms and our Privacy Policy.  By enrolling and participating in the Virtual Camp, you acknowledge that you have read, understood and agreed to be legally bound by and comply with these Terms and our Privacy Policy.  If you do not agree with any of these Terms or our Privacy Policy, you may not enroll or participate in the Virtual Camp.

In these Terms, the terms “you” and “yours” refer to the person enrolling a child in the Virtual Camp.  The terms “we”, “our”, “us”, and “WildCare” collectively refer to WildCare. Even though you may have arrived to the Virtual Camp through a website or mobile application operated or controlled by a third party, including by an affiliate of WildCare, you understand and agree that these Terms are entered into between you and WildCare.  

2. Modification of the Terms 

We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party.  You should check the Terms from time to time when you participate in the Virtual Camp to determine if any changes have been made.  You can determine when the Terms were last revised by referring to the “Last Modified” notation above.  If you participate in the Virtual Camp after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms.

3. Eligibility

In order to sign up your child for a course on this platform, the following must be true:

• You are age 18 or over; and

• You have read and understood these Terms and the Privacy Policy and agree to be bound by the terms and conditions set forth herein and in the Privacy Policy.

You understand and agree that satisfying the above requirements does not guarantee that you may participate in the Virtual Camp.  In addition to the above requirements, WildCare reserves the right to change or include new requirements as deemed appropriate in its sole discretion without providing prior notice to you.

4. Restrictions on Use

You will not use, or encourage or permit others to use, our Website except as expressly permitted in these Terms. You will not:

• Use or attempt to use the Virtual Camp for any person other than yourself, except on behalf of your child who is participating in the Virtual Camp;

• Access or use the Virtual Camp in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by these Terms;

• License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Virtual Camp or related materials in any way;

• Take any action or use the Virtual Camp in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Virtual Camp or any content, in whole or in part;

• Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Virtual Camp or any computer network; 

• Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by WildCare or any of our service providers to protect our Virtual Camp;

• Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Virtual Camp or any content made available to you on or through our Virtual Camp;

• Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to WildCare or third-party content from the Virtual Camp; or

• Encourage or enable any other individual to do any of the foregoing.

5. Third party service providers

We share our Virtual Camp content through a platform offered by a third party service provider, Thinkific.  Thinkific is not under WildCare’s control.  Your use of its software is governed by their separate terms of use and we encourage you to review those terms.  Your use of Thinkific’s platform is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any errors, damage, or loss caused by or in connection with use of Thinkific’s services. 

6. intellectual property

   1. Generally

As between WildCare and you, WildCare is the sole and exclusive owner of all right, title and interest in and to the Virtual Camp’s content (including text, images, video, and audio content) and all intellectual property rights therein, and any suggestions, ideas or other information or feedback provided by you.  Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Virtual Camp shall be owned solely and exclusively by WildCare or its licensors, including all intellectual property rights therein.  You have permission to use the Virtual Camp solely for your personal and non-commercial use on the condition that you comply with these Terms.  No other right, title or interest in or to the Virtual Camp is transferred to you, and all rights not expressly granted are reserved by us. 

Certain names, logos, and other materials displayed in and through the Virtual Camp may constitute trademarks, trade names, service marks or logos (“Trademarks”) of WildCare.  You are not authorized to use any such Trademarks without the express written permission of WildCare.  Ownership of all such Trademarks and the goodwill associated therewith remains with us.

2. License and Use

    Subject to your compliance with these Terms, WildCare grants you a personal, limited, revocable, nonexclusive, and nontransferable license to view, access, and use the Virtual Camp and its content, solely for your personal and non-commercial use.  No other right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by WildCare or its licensors.  You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.

7. Donations

When you make a donation to our cause, we ask you to provide certain financial information that we need in order to complete your gift.  We may use a third party provider to process your donation.  We do not store any payment card information (e.g., credit card number, expiration date, and CVV) with respect to donations made online, by phone, or in person at fundraising events, via credit card.  All payment card information is stored by our trusted third-party payment processors.  If you make a donation online, your information will be added to one or more of our supporter lists and databases, and you may be contacted about other WildCare activities, news, and/or fundraising campaigns.

8. Privacy

    WildCare understands the importance of confidentiality and privacy regarding your information.  Please see our Privacy Policy at https://discoverwildcare.thinkific.com/pages/privacy for a description of how we may collect, use and disclose your information in connection with the Virtual Camp.

9. Communications; Opt-Out

As part of your enrollment in the Virtual Camp, you may be asked to elect to receive certain email notifications from WildCare and its partners.  These messages may include event updates and other promotions.  Your election to receive such messages represents your express written consent to receiving emails from WildCare.  You may opt-out of receiving certain notifications in association with the Virtual Camp and WildCare’s services by completing the opt-out process provided to you with each email message.  By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you.  Please note we may still contact you regarding certain important announcements or notifications even if you have opted-out from other messages.  

10. Links to Third-Party Hyperlinks and Websites

The Virtual Camp may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties.  The Linked Sites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site.  We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators.  Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

You may have arrived to the Virtual Camp through a Linked Site.  You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will apply to your participation in the Virtual Camp.

11. Disclaimer of Warranties; Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE VIRTUAL CAMP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE VIRTUAL CAMP IS AT YOUR SOLE RISK.  WILDCARE AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE VIRTUAL CAMP WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER WILDCARE NOR ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES.  

12. Indemnification 

You agree to indemnify, defend, and hold WildCare and any of its officers, directors, employees, licensors, and agents harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of content available on the Virtual Camp in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations. 

13. Modifications to the VIRTUAL CAMP

WildCare reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Virtual Camp, or any portion thereof, with or without notice. You agree that WildCare shall not be liable to you and/or to any third party for any modification, suspension, or discontinuance of the Virtual Camp.

14. Miscellaneous

The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.  Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section.  Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures.  You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. 

The Virtual Camp is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.  These Terms will be governed by the laws of the State of California without regard to conflicts of law principles.

15. Contact Information

If you have any questions or concerns, please contact [email protected].