CAMP is a website which allows you to activate and manage your CAMP account (“Account”) to facilitate the transfer of your images captured on your Non Typical, Inc. (“CUDDEBACK”) product (the “Product”) to your registered email address (“Email Address”).
Use and access to CAMP is limited to, only, purchasers of a Product who have created an Account.
General Account Usage
By activating your Account you acknowledge agreement to the payment option selected by you at the time of purchase, including, but not limited to any data overage charges. Further, you acknowledge that the term of your use and access to CAMP shall be automatically renewed unless you cancel your Account, or deactivate all of your devices registered to your Account, prior to the expiration of your initial term or any renewal term. Your voluntary termination of your Account, or deactivation of all of your devices registered to your Account, whether at the end of your initial term or any renewal term or prior to the expiration of your initial term or any renewal term, shall not entitle you to receive, nor shall it obligate CUDDEBACK to provide to you, any refund of a prepaid subscription fee. In addition, in the event that your use of and access to CAMP and your Account is terminated, involuntarily by CUDDEBACK, you shall not be entitled to receive a refund of any prepaid subscription fee nor shall CUDDEBACK be obligated to remit such refund to you. CUDDEBACK reserves the right to increase CAMP subscription fees at any time and without notice to you, other than CUDDEBACK’s inclusion, should it decide in its sole and absolute discretion to do so, of reference to subscription fee increases in periodic email messages sent to CAMP subscribers, which such price increases shall take effect and be applicable to you on the first day of your next applicable renewal term.
Maintenance of CAMP
CUDDEBACK reserves the right, in its sole and absolute discretion, to modify, or remove CAMP from service thereby eliminating, on a temporary or permanent basis, your access to CAMP. Under such circumstance, CUDDEBACK shall not be liable to you, or to any third party, for such discontinuance whether temporary or permanent.
You acknowledge that CUDDEBACK has engaged the services of a wireless carrier vendor (and may engage additional wireless carrier vendors in the future) with respect to your use of and access to the services connected to CAMP and, you further, acknowledge that you have no contractual relationship with any wireless carrier engaged by CUDDEBACK with respect to CAMP. As such, you acknowledge having no claim or third party cause of action against any wireless carrier engaged by CUDDEBACK with respect to CAMP.
Submitted Images and Use
You acknowledge your understanding and agreement that CUDDEBACK may store and utilize images transmitted by you through CAMP as described herein and that the nature and length of CUDDEBACK’S storage of your images is dependent upon the type of Account maintained by you from time to time. CUDDEBACK is continually seeking new and better ways to enhance and improve the CAMP experience. In order to facilitate CUDDEBACK’S ongoing improvement efforts and in consideration of your access to and use of CAMP, the receipt and sufficiency of which is hereby acknowledged, you grant to CUDDEBACK a non-exclusive limited license (the “Limited License”) allowing CUDDEBACK to view your images and use them to: (A) facilitate CUDDEBACK’S development of software using image recognition artificial intelligence to improve and expand CAMP registrants’ options for storing and accessing their own images; and (B) train CUDDEBACK employees on the use of newly developed technology as such technology is implemented and made available, from time to time, to CAMP registrants. While you, at all times, remain the sole owner of your images any software developed using your images, and the images of other CAMP registrants, arising out of or related to CUDDEBACK’s exercise of its rights granted under the Limited License, shall be the exclusive property of CUDDEBACK and you shall not acquire any proprietary interest in such technology.
YOUR USE OF AND ACCESS TO CAMP IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUDDEBACK DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED WITHIN AND ABOUT CAMP WILL BE UNINTERRUPTED, ERROR FREE, BUG FREE, VIRUS FREE, FREE OF TROJAN HORSES OR OTHER MALEVOLENT CODE, THAT DEFECTS WILL BE CORRECTED, OR THAT CAMP OR THE SERVERS THAT MAKE CAMP AVAILABLE TO YOU ARE FREE OF ERRORS, BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. CUDDEBACK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING YOUR USE OF OR ACCESS TO MATERIALS AND INFORMATION ON CAMP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ACKNOWLEDGE AND ASSUME THE RISKS INHERENT FROM USE OF CAMP. WHILE CUDDEBACK WILL USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON CAMP, ERRORS OR OMISSIONS MAY OCCUR AND CUDDEBACK MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF ANYTHING ON OR ASSOCIATED WITH CAMP.
LINKS TO OTHER THIRD PARTY WEBSITES NOT OWNED OR CONTROLLED BY CUDDEBACK MAY BE AVAILABLE FOR ACCESS THROUGH CAMP. SUCH EXTERNAL THIRD PARTY INTERNET ADDRESSES CONTAIN INFORMATION CREATED, PUBLISHED, MAINTAINED OR OTHERWISE POSTED BY ORGANIZATIONS INDEPENDENT OF CUDDEBACK. CUDDEBACK DOES NOT ENDORSE, APPROVE, WARRANT, CERTIFY OR OTHERWISE ASSUME ANY RESPONSIBILITY FOR ANY INFORMATION, CONTENT, PRODUCT OR SERVICES REFERENCED OR PROVIDED BY SUCH THIRD PARTIES OR DISPLAYED ON THEIR WEBSITES.
SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY ACT OR OMISSION, SHALL CUDDEBACK, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR ANY INDIVIDUAL OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING CAMP, BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE (INCLUDING ANY DISRUPTION CAUSED BY A SYSTEM OR OTHER FAILURE AFFECTING SUCH USE), THE PROCESSES AND FUNCTIONS OF CAMP OR CAMP ITSELF, EVEN IF CUDDEBACK OR A REPRESENTATIVE OF CUDDEBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUDDEBACK FURTHER ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES YOU MAY INCUR DUE TO VIRUSES THAT INFECT YOUR COMPUTER, TABLET, PHONE OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF AND ACCESS TO CAMP OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXTS, IMAGES, VIDEO OR OTHER MEDIA FROM CAMP. FURTHER, CUDDEBACK ASSUMES NO LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE LOSS, THEFT, DESTRUCTION OR DELETION OF YOUR IMAGES ASSOCIATED WITH CAMP AND YOUR ACCOUNT.
FURTHER, UNDER NO CIRCUMSTANCE SHALL CUDDEBACK BE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER ARISING OUT OF OR RELATED TO THE LOSS OR THEFT OF YOUR PRODUCT, NON-FUNCTIONALITY OR MALFUNCTION OF YOUR PRODUCT OR YOUR PRODUCT’S INABILITY TO CONNECT TO CUDDEBACK’S WIRELESS CARRIER(S). YOUR SOLE REMEDY FOR THE LOSS OF ANY SERVICES AND/OR OF ANY IMAGES OR OTHER DATA OF YOURS THAT MAY BE, AT ANY TIME, UNDER THE CONTROL OF CUDDEBACK SHALL BE TO DEACTIVATE ALL OF YOUR DEVICES REGISTERED TO YOUR ACCOUNT AND/OR TO DISCONTINUE AND CANCEL YOUR ACCOUNT.
SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Statute of Limitations
Trademarks and Copyrights
Consumer Rights/California Civil Code §1789.3
Charges for services and pricing information has been provided to you as part of the process of setting up your Account. If you are a resident of the State of California and if you have a complaint or inquiry regarding pricing policies, in accordance with California Civil Code §1789.3, all correspondence should be addressed to the following address: Non Typical, Inc., attention Notification of California Consumer Rights Complaint or Pricing Inquiry, P.O. Box 10447, Green Bay, Wisconsin 54307-0447; phone (920) 347-3810. If you contact CUDDEBACK with complaints or inquiries regarding pricing and CUDDEBACK will review those matters and respond appropriately. As a California resident you may contact the California Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs, in writing, at 1625 N. Market Blvd., Suite N112, Sacramento, California 95834 by telephone at (916) 445-1254 or at (800) 952-5210.
YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO SEEK THE ADVICE OF ATTORNEYS OR OTHER INDEPENDENT COUNSEL, WITH RESPECT TO THE WAIVERS SET FORTH ABOVE, AND THAT WHETHER OR NOT YOU HAVE DONE SO YOU HAVE DECIDED TO VOLUNTARILY AGREE TO SUCH WAIVERS.
Choice of Law and Venue