Terms of Service
1. Terms
By accessing the website at oyacamp.com or any other websites of Mescaform Media, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The terms “Mescaform Media”,“Oyacamp”, “Company”, “we,” “us,” and “our” include Mescaform Media, affiliates, or subsidiaries. We use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. We use the word “Platform” to mean any website, application, or service offered by Mescaform Media, including content we offer and electronic communications we send. If you do not agree with any of these terms, you are prohibited from using or accessing the Platform. The materials contained in this website are protected by applicable copyright and trademark law.
Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with such Supplemental Terms, the Supplemental Terms shall control with respect to such Service.
2. Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on Mescaform Media's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on Mescaform Media's website;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or "mirror" the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Mescaform Media at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
c. You need to be at least 18 years old to use our Platform. Mescaform Media organizers control the Content and membership of their Mescaform Media groups. However, we may remove any Content you post or terminate your account at any time.
2.1 Eligibility. Our Platform is available to anyone who is at least 18 years old. You represent that you are at least 18. Additional eligibility requirements for a particular portion of our Platform may be set by any member who has the ability to moderate or manage that portion of our Platform. For example, the eligibility requirements for a Mescaform Media group or Mescaform Media event may be set by the organizers of that group.
2.2 Modification, Suspension, andTermination of Your Account. We may modify, suspend, or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Mescaform Media community, or to protect our brand or Platform. When this happens, we will notify you of the reasons for the modification, suspension, or termination. We also may remove accounts of members who are inactive for an extended period of time. Please email support@Mescaform Media.com if you believe the modification, suspension, or termination has occurred in error.
A member who has the ability to moderate or manage a particular portion of our Platform also has the ability, in his or her sole discretion, to modify, suspend, or terminate your access to that portion of the Platform.
2.3 Account Information and Security.When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password or accessing your account without your permission, email us at support@Mescaform Media.com.
2.4 License to the Mescaform Media Platform andServices. Subject to your compliance with this Agreement, Mescaform Media grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Platform in order to access and use the services and features that we make available to you
3. Platform Use
When you use our Platform, you agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party.
In addition, your access to and use of some areas or features of the Platform may be subject to additional terms, policies, standards or guidelines (“Additional Terms”). You may be required to accept these Additional Terms before you can access these Platform areas and features. If there is a conflict between the Terms of Service and the Additional Terms, those Additional Terms will govern your access to and use of that Platform area or feature, unless otherwise specified in the Additional Terms.
Mescaform Media does not control the Content of other members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.
Mescaform Media is not a party to any offline arrangements made through our Platform. Mescaform Media makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.
3.2 Rules for Use of Status Update Tools
Mescaform Media may make available to you features and tools that allow you to contact your Consumers, other users of theServices, or third parties via email (the "Update Tools"). If you use Update Tools, you represent and agree that:
(a) you have the right and authority to send emails to the addresses on your recipient list and such addresses were gathered in accordance with email marketing regulations in the recipient's country of residence;
(b) your emails are not sent in violation of any privacy policy under which the recipient emails were gathered;
(c) you will use the Update Tools in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email, and including without limitation, the U.S. CAN-SPAM Act, the Canadian CASL, and theEU GDPR and e-privacy directive;
(d) you will only use the Update Tools to advertise, promote and/or manage a bona fide event listed on the Services;
(e) your use of the Update Tools and the content of your emails complies these Terms;
(f) you will not use false or misleading headers or deceptive subject lines in emails sent using the Update Tools;
(g) you will respond immediately and in accordance with instructions to any Consumer sent to you by Mescaform Media requesting you modify such Consumer's email preferences;
(h) you will provide an accessible and unconditional unsubscribe link for inclusion in every email where one is required, and you will not send any emails to any recipient who has unsubscribed from your mailing list.
If you violate any of these Update Tools rules or if your use of the Update Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, Mescaform Media may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to theUpdate Tools.
4. Users and Mavens
Users. If you register an account to purchase a ticket, enrol in a workshop, view, or download workshop materials or other content from oyacamp.com, you agree to be bound to the terms of this Agreement as a platform user (“User”). Users affirm that they are over the age of 13, as the Service is not intended for children under 13.
Mavens. If you register an account to sell, distribute, or create content or other content on oyacamp.com, you agree to be bound to the terms of this Agreement as a platform host (“Mavens”). Mavens affirm that they are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement.
4. Maven Content
Mavens are solely responsible for the content they upload, stream, or distribute on the Platform. Publishers affirm, represent, and warrant that they own or have the rights, licenses, permissions and consents necessary to publish, duplicate, and distribute the submitted or streamed content. By submitting or streaming content to the Service for distribution, Publishers also grant a license to the Mescaform Media for all patent, trademark, trade secret, copyright or other proprietary rights in and to the Content for publication on the Service, pursuant to this Agreement. Mescaform Media does not endorse copyright infringing activities or other intellectual property infringing activities and violations of may result in the removal of content if the Company is notified of such violations. Removal and termination of accounts may occur without prior notice.
Publishers retain all ownership rights to the submitted or streamed content, and by submitting content to the Service, Publishers hereby grant the following:
To Mescaform Media, a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service, including without limitation for promoting, redistributing in any and all media formats. If you choose to remove your content from the Service, this license shall terminate within a commercially reasonable time after you remove your content from the Service.
4. Prohibited Uses
You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Mescaform Media);(b) Violates any law or regulation, including any applicable export control laws; (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d) Jeopardizes the security of your Mescaform Media account or anyone else’s (such as allowing someone else to login to the Services as you); (e) Attempts, in any manner, to obtain the password, account, or other security information from any other user; (f)Violates the security of any computer network, or cracks any passwords orsecurity encryption codes; (g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (h) “Crawls,” “scrapes,” or“spiders” any page, data, or portion of or relating to the Services or Content(through use of manual or automated means); (i) Copies or stores any significant portion of the Content; (j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
5. Disclaimer
a. The materials on Mescaform Media's website are provided on an 'as is' basis. Mescaform Media makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
b. Further, Mescaform Media does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
6. Limitations
In no event shall Mescaform Media or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Mescaform Media's website, even if Mescaform Media or a Mescaform Media authorized representative has been notified orally or in writing of the possibility of such damage.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Mescaform Media and its Affiliates, from and against all claims, damages, obligations, losses, liabilities, costs, debt, or expenses (including but not limited to attorneys’ fees) arising from: (a) your use and access of the service; (b) your violation of any term of this Agreement; your violation of any third party right, including without limitation any copyright, trademark, property or privacy right; (d) any claim that your submitted content caused damage to a third party.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7. Accuracy of materials
The materials appearing on Mescaform Media's website could include technical, typographical, or photographic errors. Mescaform Media does not warrant that any of the materials on its website are accurate, complete or current. Mescaform Media may make changes to the materials contained on its website at any time without notice. However Mescaform Media does not make any commitment to update the materials.
8. Links
Mescaform Media has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Mescaform Media of the site. Use of any such linked website is at the user's own risk.
9. Transactions and Fees
Mavens may select the prices, at their own discretion, for their content and products to be sold through the Service (each sale, a “Transaction”). Mescaform Media shall be entitled to a share of the revenue Mavens receive from Transactions which shall be calculated on the gross revenue from the Transactions, not including any Transactions for which Maven or Mescaform Media provides a refund in accordance with the transaction configuration on Maven’s account (the “Revenue Share”). For Transactions, Mescaform Media will collect the purchase price and any applicable fees and taxes through its payment providers, and will pay to Maven the proceeds net of the applicable Revenue Share, payment provider fees, and applicable taxes, VAT, duties, charges or levies. Mescaform Media may withhold any taxes, duties, charges or levies on payments by Mescaform Media to Maven pursuant to this Agreement, as may be required by applicable law, rule or regulation, and submit such withheld taxes, duties, charges or levies to the appropriate tax authority. Use of IP proxies or other methods to disguise your place of residence, whether to circumvent geographic restrictions on content, to purchase at a price not applicable to your geography, or for any other purpose, is a violation of this Agreement.
10. Modifications
Mescaform Media may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service. When changes are made, Mescaform Media will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the "Last Updated" date at the top of these Terms of Use.
11. Class Action Waiver
YOU AND COMPANY AGREE NOT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF ARBITRATION PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. You and Company also agree not to seek to combine any action with any other action without the consent of all parties to this Agreement and all other actions.
If the agreement in this Section not to bring or participate in a class, collective or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and Company agree that it shall not be severable, that this entire Section shall be unenforceable and any claim or dispute would be resolved in court and not in a class or collective action.
11. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Burnaby, BC and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.