1. Relationship with MCW and Acceptance of these Terms

1.1 Your use of (including access to) MyColorWar products, software, services and web sites (referred to as the “Services” in this document) is subject to the terms of this legal agreement between you and MCW. “MCW” means My Color War LLC, a domestic limited liability corporation formed under the laws of the state of New York, with primary offices as 35 West Street, Suite 202, Spring Valley, New York, United States.

1.2 To the extent that you are an agent or employee or otherwise acting under the direction or auspices of any entity which has entered into any agreement with MCW (a "Camp"), including without limitation a MyColorWar.com License Agreement, your use of the Services is further subject to the terms of those agreements and limited to use of the Services that will not cause a Camp to be in violation of those agreements.

1.3 In order to use the Services, you must first agree to these terms. You may not use the Services if you do not agree to these terms.

1.4 You can accept the Terms by:

1.4.1 clicking to accept or agree to the Terms, where this option is made available to you by MCW in the user interface for the Services; or

1.4.2 by actually using the Services. In this case, you understand and agree that MCW will treat your use of the Services as acceptance of the Terms from that point onwards.

1.5 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with MCW, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

1.5.1 If you are not of legal age to form a binding contract with MCW, then any act by a parent or guardian which ratifies your acceptance of these terms is required before you may use the Services.

2. Modification of these Terms and Termination of this Agreement

2.1 MCW reserves the right in its sole discretion to modify any or all of these Terms.

2.1.1 MCW will provide you with notice of any such modification, (a) by an email sent to the address you provide when signing up for your account or to the address as modified by you if such modification is allowed by the Services, or (b) by a notice made conspicuous and mandatory before use of the Services, or both.

2.1.2 In the event of such modification, in order to continue using the Services, you must accept the modifications. A mechanism will be provided for you to do so or, in the alternative, for you to reject such modifications and terminate your account.

2.1.3 MCW shall not be liable to you or any third party for any modification of these Terms.

2.2 Termination of your account includes the termination of your right to use the Services

2.2.1 Termination of your account may include temporary termination (suspension).

2.2.2 MCW shall not be liable to you or any third party for any termination of your account.

2.3 If your account is terminated by any mechanism, this agreement is also terminated. On termination of this agreement certain of these Terms remain binding upon you.

2.3.1 The Terms that remain binding on you even after termination of your account or this agreement are those dealing with Use of the Service (including without limitation ¶¶ 4.3, 4.4., 4.5, 4.6, and 4.7), User Content and IP Rights (including without limitation ¶¶ 6.2.3, and 6.4), MCW Proprietary Rights (all of ¶ 7), the Other Legal Provisions (¶ 9), the Exclusion of Warranties (¶ 10) and the Limitation of Liabilities (¶  11).

2.4 If you cease to use the Services and give clear indications of your intent not to use the Services in the future, your account may be terminated at the discretion of MCW.

2.4.1 The failure by you to use the Services for a period of six (6) months may constitute clear indication of the intent not to use the Services in the future.

2.5 If you violate the letter or spirit of these Terms, or otherwise create legal exposure for MCW, MCW can stop providing all or part of the Services to you. MCW may further, in its discretion, terminate your account, or terminate this agreement.

2.6 MCW can terminate your account or use of Services for any reasonable cause.

2.6.1 Such reasonable cause includes, without limitation, the breach of any of these Terms or an act by you that demonstrates that you are unwilling or unable to comply with these Terms, or intend to breach these Terms.

2.6.2 Such reasonable cause includes, without limitation, a requirement of MCW by law.

2.6.3 Such reasonable cause includes, the decision by MCW to no longer provide the Services, either in a geographically limited manner or entirely.

2.6.4 Such reasonable cause includes, without limitation, the determination by MCW in its sole discretion that your use of the Services is or has been unlawful, abusive, harassing, stalking, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or a violation of a third party's intellectual property.

2.7 MCW may provide other mechanisms for the termination of your account, through the user interface of the Services.

2.7.1 Unless otherwise stated by MCW, if a mechanism for terminating your account is provided by MCW through the user interface of the Services, a phone call or email to MCW requesting such termination is INSUFFICIENT to terminate your account.

3. Provision of the Service

3.1 You understand that MCW may use third party vendors, service providers, and the like, including without limitation hosting providers, to provide the necessary hardware, software, networking, and related technology required to provide the Services.

3.1.1 You hereby waive any claims against MCW arising from or relating to the negligence, recklessness, intentional wrongdoing, or impropriety of such third-party vendors, service providers, and the like. You further release MCW from any such claims and agree to indemnify MCW as against any recovery for such a claim brought by you against MCW.

4. Use of the Service

4.1 In order to use the Services, you may be required to provide information about yourself (such as identification or contact details). You agree that any such information will be accurate and timely maintained.

4.2 You agree to use the Services only for the purposes that are permitted by (a) these Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions, including without limitation any laws regarding the export of data or software to and from the United States.

4.3 You agree not to use or attempt to use the Services by any means other than those intentionally provided by MCW. MCW may, in its discretion, provide such means of use by a web interface, a stand-alone software product, or an API.

4.3.1 Specifically included is your agreement not to use or attempt to use the Services by any automated means, including without limitation scripts, web crawlers, and bots.

4.4 You agree that you shall not improperly use the Services. Such improper use includes, without limitation, the disassembly, decompilation, decryption, or reverse engineering of the Services. Such improper use includes, without limitation, "scraping" and "framing" the Services, as well as obscuring copyright or other proprietary notices, as well as altering, modifying, or preparing derivative works based on the Services.

4.5 You agree that you will not engage in any activity that interferes with or disrupts the Services, or the operations of MCW related to the Services, or the servers and networks which are connected to the Services.

4.6 You agree that you will not engage in any activity that is abusive, harassing, stalking, threatening, unlawful, libelous, defamatory, pornographic, obscene, otherwise objectionable, or a violation of a third party's intellectual property rights.

5. Privacy and Personal Information

5.1 MCW adheres to the US Safe Harbor Privacy Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement, and is registered with the U.S. Department of Commerce’s Safe Harbor Program.

5.2 MCW may collect the following information:

5.2.1 Information you provide: In the course of using the Services, you may provide MCW with personal information (such as your name, email address and an account password). Further, you may provide MCW information in connection with User Content (defined below).

5.2.2 Cookies: MCW may cookies (a cookie is a small file containing a string of characters) to your computer or other device that uniquely identifies your browser.

5.2.3 Log information: When you use the Services, our servers may automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

5.2.4 User communications: When you send email or other communications to MCW, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

5.3 MCW may make use of the information collected for the purposes of providing the Services, maintaining or upgrading the Services (including without limitation auditing the Services), ensuring the technical functioning of the network, protecting the rights or property of MCW or our users, or as otherwise required by law.

5.4 MCW only shares personal information with other companies or individuals outside of MCW where:

5.4.1 We have your consent, or

5.4.2 We provide such information to third parties for the purpose of processing personal information on our behalf. We vet these third parties for policies protecting your information in accord with our policies here, or

5.4.3 We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce this agreement, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of MCW, its users or the public as required or permitted by law.

5.5 The identification of yourself as associated with another user of the Services (including a Camp) may constitute your consent to share some or all personal information with that entity.

5.6 If MCW becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.

5.7 MCW may share with third parties certain pieces of aggregated, non-personal information which does not identify you individually.

5.8 We takes appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include physical security measures to guard against unauthorized access to systems where we store personal data.

5.8.1 MCW restricts access to personal information to MCW employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

5.9 MCW processes personal information primarily on servers located in the United States of America.

6. User Content and IP rights

6.1 In using the Services, you may upload or post certain documents, images, files, or the like ("User Content"); some User Content may be covered by intellectual property rights, including copyright.

6.2 MCW makes no claim of copyright or other intellectual property rights in any User Content. All such IP rights and ownership remain with you to the extent that you possessed those rights at the time of uploading or posting.

6.2.1 You grant MCW a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content as necessary or convenient for the provision or maintenance of the Services. This license ends when your User Content is deleted except in so far as any such User Content has already been incorporated into another work or product and can not be reasonably extracted therefrom.

6.2.2 Termination of your account includes the deletion of any User Content.

6.2.3 Deletion of any User Content will be reflected in a reasonably timely manner on MCW servers, but you are aware that such User Content may persist in the form of backup copies.

6.3 MCW retains the right to delete or otherwise make unavailable any User Content in conformity with any applicable law, regulation, or generally accepted business practice, including without limitation the Digital Millennium Copyright Act.

6.3.1 MCW retains the right to delete or otherwise make unavailable an User Content that MCW determines in its sole discretion is unlawful, abusive, harassing, stalking, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, a violation of a third party's intellectual property.

6.4 You agree that you are solely responsible for the User Content, including any such User Content which may infringe the intellectual property rights of any third party. Further you waive any claims against MCW and agree to INDEMNIFY MCW as against any claims made against MCW by a third party for the infringement of intellectual property by any User Content.

7. MCW Proprietary Rights

7.1 You acknowledge and agree that MCW owns all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by MCW and that you shall not disclose such information without MCW’s prior written consent.

7.2 Nothing in these Terms gives you a right to use any of MCW’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand feature.

7.3 The look and feel of the Services is subject to copyright protection. You may not copy or reuse any portion of the HTML or CSS or visual design elements without express written permission from MCW.

8. Passwords and Account Security

8.1 You agree and understand that you are solely responsible for maintaining the confidentiality of passwords associated with your use of the Services.

8.2 You further agree and understand that you are solely responsible for any use of the Services or any other activity conducted through your account (protected by your password).

9. OTHER LEGAL PROVISIONS

9.1 This Agreement and any dispute, controversy, action, or proceeding arising out of or related to this Agreement shall be governed by New York law, excluding any laws that direct the application of another jurisdiction's laws.

9.2 Any dispute, controversy, action, or proceeding arising out of or related to this Agreement shall be heard, tried and litigated exclusively in the State and Federal courts located in Westchester County, New York; such choice of forum is intended as mandatory and not permissive.

9.3 You hereby agree, stipulate, and acknowledge that the State and Federal Courts located in Westchester County, New York shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, action, or proceeding arising out of or related to this Agreement.

9.4 You acknowledge, understand, and agree that in using Services, you will be causing communications to be sent through various computer networks, portions of which are located in many disparate states within the United States and portions of which are located abroad. As a result, and also as a result of MCW's business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms, you acknowledge that use of the Service results in interstate data transmissions.

9.5 Except as explicitly noted within these Terms, this agreement constitutes the whole of the agreement between you and MCW relating to the Services. Any other agreement between you and MCW relating to the Services which is intended to supplement or modify this agreement must explicitly reference and override this clause in this agreement.

9.6 This agreement supersedes any previous agreement between you and MCW.

9.7 Do you want an arbitration clause?

9.8 If any portion of this agreement is found unenforceable, the remaining portion will remain in full force and effect.

9.9 Failure by MCW to enforce any of these Terms does NOT constitute a waiver of such Term; any such waiver is limited to a signed writing from MCW.

10. EXCLUSION OF WARRANTIES

10.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

10.3 IN PARTICULAR, MCW, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

10.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

10.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MCW OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

10.6 MCW FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. LIMITATION OF LIABILITY

11.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MCW, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

11.1.1 ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, SUCH DAMAGES INCLUDING BUT NOT BE LIMITED TO ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR

11.1.2 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

11.1.2.1 ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

11.1.2.2 ANY CHANGES WHICH MCW MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

11.1.2.3 THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

11.1.2.4 YOUR FAILURE TO PROVIDE MCW WITH ACCURATE ACCOUNT INFORMATION; OR

11.1.2.5 YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

11.2 THE LIMITATIONS ON MCW'S LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT MCW HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

11.3 FURTHER, CERTAIN WAIVERS AND INDEMNIFICATIONS HAVE BEEN IDENTIFIED ELSEWHERE IN THIS AGREEMENT. YOU HEREBY WAIVE ANY CLAIM AGAINST MCW AND YOU RELEASE MCW FROM ANY SUCH CLAIM, AND YOU INDEMNIFY MCW AS AGAINST ANY RECOVERY FOR SUCH CLAIM BROUGHT BY YOU, IN SO FAR AS THE CLAIM ARISES FROM OR RELATES TO (A) THE MODIFICATION OF THESE TERMS, (B) THE TERMINATION OF YOUR ACCOUNT, (C) THE NEGLIGENCE, RECKLESSNESS, INTENTIONAL WRONGDOING, OR IMPROPRIETY OF ANY THIRD PARTY VENDORS, SERVICE PROVIDERS, AND THE LIKE, (D) THE INFRINGEMENT OF A THIRD PARTY'S INTELLECTUAL PROPERTY BY ANY USER CONTENT.