Welcome to the Y. Thank you for choosing to be part of the YMCA of Greater Hartford. This is our Terms of Use. It describes for you the terms, conditions, and rules applicable to your use of and access to our websites located at ghymca.org, campjewell.org, and campwoodstock.org (referred to collectively as the “Websites”). This Terms of Use does not apply to any other website, service, or application of the YMCA of Greater Hartford or any websites, services, or applications linked to or from the Websites. 

In this Terms of Use, the YMCA of Greater Hartford is referred to simply as the “Y,” “we,” or “us.” This Terms of Use is a legally binding agreement between The Y and you, so please read it carefully. If you do not agree this Terms of Use, you may not use the Websites. 

1.    Use of the Websites
The Websites are made available for use in the United States. Although the Websites are accessible worldwide, they are not necessarily appropriate for use outside the United States. Your use of the Websites and any function or service on the Websites is void where prohibited. If you choose to access the Websites from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. The Websites may be modified, updated, interrupted, suspended, or discontinued at any time in whole or in part without notice or liability.

You may access certain portions of the Websites only if you are a registered user (a “Registrant”). You must be located in the United States and age 18 or older to be a Registrant. You must provide us with accurate and complete information and not sell, transfer, license or assign the account, user name, or any account rights to any third party. We may approve or deny your request to register in our sole discretion. We may also suspend, block, or terminate your access to the Websites for any reason, including violation of this Terms of Use or the Privacy Policy. Upon approval as a Registrant, and subject to this Terms of Use and the Privacy Policy, we grant you permission and a limited, non-exclusive, non-transferable, and revocable license to use the Websites. 

2.    Content
Your Content. The Websites may allow you to upload and share content, including personal information about yourself or others (such as a family member you may be registering for a program or activity). Anything that you upload or otherwise make available on the Websites is referred to as “Your Content”. You retain all rights in, and are solely responsible for, Your Content. You are solely responsible for obtaining any and all consents or permissions to upload or make available Your Content and have sole responsibility for complying with any and all laws regarding Your Content. Once you elect to share Your Content through the Websites, it cannot always be withdrawn or returned to you.

You grant the Y a nonexclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute Your Content on the Websites for the purposes of operating, developing, providing, and using the app. Nothing in this Terms of Use shall restrict other legal rights the Y may have to Your Content. Except as set forth in the Privacy Policy, following deactivation of your account, or if you remove any of Your Content from the Y, we may retain Your Content for a commercially reasonable period of time for backup, archival, or audit purposes. 

Our Content. As between you and the Y, we own “Our Content,” which includes but is not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of Your Content and Our Content, computer code, products, software, and all other elements and components of the Websites excluding any third-party content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with Our Content, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Our Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to Our Content are retained by us.

3.    Privacy
The Websites permit Registrants and visitors to voluntarily upload and share information, including personal information. You are at all times in full control of what personal information, if any, you choose to upload and share through the Websites. Use of the Websites is subject to the Privacy Policy that is incorporated into this Terms of Use.

4.    Acceptable Use
The Y has established certain basic requirements for the use of the Websites and we require you to adhere to them. The purpose of these requirements is to set forth how you may use the Websites and certain behavior and actions that are prohibited. When using the Websites, you are not allowed to upload or share anything that:

  • Is sexually explicit or pornographic, creates a genuine risk of physical injury or property damage, or promotes self-harm or drug abuse
  • Attacks, bullies or harasses or includes hate speech
  • Infringes anyone’s intellectual property, privacy or other rights
  • Is fraudulent or deceptive
  • Contains any information or content that is illegal or knowingly false
  • Further, you are not allowed to:
  • Share your log-in credentials (i.e. user name and password) with any third party 
  • Upload information about an individual when you do not have authorization or permission to do so
  • Access, tamper with or use non-public areas of the Websites
  • Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks
  • Use any undocumented or unsupported method to access, search, scrape, download or change the Websites
  • Try to interfere with any other Registrant or Website visitor
  • Do anything that violates applicable law or regulations
  • Encourage or help anyone do any of the things on this list

5.    Notification of Claims Infringement
A copyright owner or an agent thereof who believes that content infringes upon such copyright owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Y’s Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 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 and information reasonably sufficient to permit the Copyright Agent to locate the material;
  • Information reasonably sufficient to permit the Copyright Agent to contact the owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that the owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the copyright owner or its agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Y’s designated Copyright Agent to receive notifications of claimed infringement is: copyright@ghymca.org
NOTE: If the owner or its agent fails to comply with all of the requirements of this section, the DMCA notice may not be valid.

6.    Security
We care about the security of our Registrants. While we work to protect the security of Your Content and your account, the Y cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

7.    Third Party Links, Sites, and Services
The Websites may contain links to third-party websites, services, offers, or other events or activities that are not owned or controlled by the Y. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any such third-party website, service, or content, you do so at your own risk and you agree that the Y will have no liability arising from your use of or access to any third-party website, service, or content.

8.    Indemnity 
You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities using the Websites): (i) Your Content or your access to or use of the Websites; (ii) your breach or alleged breach of this Terms of Use or the Privacy Policy; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; or (v) any misrepresentation made by you. You will cooperate fully as required by the Y in the defense of any claim.

9.    Disclaimers
The Websites and all included content, applications, and technologies are provided on an “as is” basis without warranty of any kind, whether express or implied. THE Y SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Y takes no responsibility and assumes no liability for Your Content or your use of it. 

10.    Limitation on Liability

11.    Governing Law and Jurisdiction
This Terms of Use shall be governed by the laws of the State of Connecticut, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Hartford County, Connecticut or the United States District Court for the District of Connecticut. 

12.    How to Contact Us
If you have questions about this Terms of Use, you can contact us by email at friends@ghymca.org 

13.    General Terms
Deactivation. We reserve the right to deactivate any account you have on or through the Websites for any reason. Upon deactivation, you continue to be bound by Sections 7 - 11 and 13 of this Terms of Use. We have no obligation to store or maintain Your Content after deactivation. 

Notification Procedures and Changes to this Terms of Use. From time to time, we may change this Terms of Use. We will provide notice to you if these changes are material. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our Websites, or by other means, consistent with applicable law. Your continued use of the Websites following such notice constitutes your acceptance of such changes. If you do not agree to the new terms, we ask that you discontinue accessing the Websites and deactivate your accounts.

Assignment. This Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Y without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. This Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and the Y concerning the Websites. If any provision of this Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Terms of Use will remain in full force and effect.

No Waiver. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Terms of Use shall not constitute a waiver of such right or provision.