Camp Carnival Safe

Terms of Use Agreement

January 1, 2024

Camp Carnival Safe, Carnival Safe, CCS, carnivalsafe.com (“our”, or “we”) provides a member only service. CCS is a private, members only group comprised of approved members who embrace a sexual lifestyle free of societal inhibitions regarding nudity, sexual orientation, monogamy, sexual expression, or sexual preference. “Members” or “Users” are those who have provided background information to CCS and have been vetted to become exclusive verified and approved participants of CCS sponsored group activities and are allowed, through Membership, to post comments and graphics on the carnivalsafe.com Phunbook page.

Only approved Members may participate in the services provided including communication venues where people can publish, access, share, and/or view writings, images, photographs, art, video, audio and other information, and the coordination of sexually explicit events at campgrounds, hotels, and personal homes. Through these events people can coordinate with others for dating, friendship, and/or online and/or offline connections. By using the carnivalsafe.com website and applications, you (“Member”, “User”, “You” or “Your”) agree to be bound by this Terms of Use Agreement (“Agreement”). User agrees that CCS has, by making the Service available to user, provided fair and equitable consideration for entering into this Agreement. This Agreement sets out the legally binding terms of your use of the Service and may be modified by CCS at any time, with such modifications effective upon posting to the website; specifically located by clicking on the link entitled “Terms of Use” found at the bottom of the page of carnivalsafe.com home page. This Agreement sets forth the understanding between the parties and governs your use of the Service, including any and all communications you have with others, and any and all Content (“Content”, meaning, without limitation all information, writings including but not limited to postings, comments, images, text, photos, video, surveys, lists, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases,  writings, music, video recordings, audio-visual works and audio recordings, slides, portraits, works of authorship, interactive features, caricatures, likenesses, profiles, voice reproductions, as well as any accompanying documentation, or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Service, and all derivative works, translations, adaptations or variations regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered alone or in conjunction with other work, characters, real or imaginary, in any part of the world) you publish (hereinafter “publish” or “post”) or view on the Service. You may also receive a copy of this Agreement by contacting us at the address located in the Contact section of this Agreement and requesting our “Terms of Use Agreement”.

This Website Contains Sexually-Explicit Adult Content!
NOTICE: this site contains nudity and sexually explicit material, including but not limited to graphic pictures, images, video, audio, and writings, and should only be viewed by adults 18 years of age or older and of legal age to view sexually explicit material as determined by the local and national laws of the region in which you reside. By accessing the site, you agree and warrant to CCS that you wish to see sexually explicit material, are an adult, at least 18 (or 21, depending upon individual local or national laws regarding access to adult subject matter) years of age, are intentionally and knowingly seeking access to such explicit materials for your own personal use, are not offended by sexually explicit material, nor do you find it obscene or demeaning to yourself nor to any other person or group, are not legally prohibited from using this site based upon your location or status, acknowledge that everyone featured on this site was at least 18 years of age at the time that Content was created, that images of all persons posted on CCS is with their full knowledge and agreement, and fully agree to this terms of use agreement. You agree to not access anything on this site if it is illegal to do so in your location or community, and/or you are offended by sexually explicit Content, and/or you are Younger than 18 years of age (or 21 years old depending on your location).

1. Non-Commercial Use
The Service is for personal use only and may not be used in connection with any commercial endeavors other than by CCS.  Any other commercial use of the Service is prohibited. Commercial advertisements, links to commercial sites and other forms of advertising or solicitation in Member profiles, in the CCS Phunbook page, may result in the deletion of Content and CCS Membership without notice or warning.

2. Self-Publishing
The Service provided is a non-monitored service which enables Members to publish any information you want, subject to legal limitations and to CCS posting policies stated herein, using the space and utilities provided (self-publishing).

3. Non-Monitored
CCS provides the infrastructure for the Service; we do not monitor communications. Members may publish any Content they want within the standards of behavior outlined in CCS rules and all governing authorities. Violation of these standards may lead to action taken without notice which may include deletion of Content, and loss of CCS Membership, and possible referrals to law enforcement authorities. CCS may at our discretion review Member profile text, photos, images, audio, and video, and we may randomly or specifically review comments and other Content, including those which are otherwise password protected to or hidden from the public to check for compliance with the standards stated herein. User agrees that this does not in any way form an obligation or expectation that CCS will monitor Content and, as such, user will not place any reliance on CCS to monitor or otherwise keep the Service void of any illegal, illicit, or otherwise objectionable Content. CCS assumes no responsibility for any Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user. ”User” includes registered Members, non-Members who are accessing and/or contributing Content.

The Service contains multi-user, participatory services, including but not limited to forums, blogs, party/event RSVP’s and invitations, Message and communication facilities (Phunbook) that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users. CCS Services permit the Submission of videos, photos, text, and other communications submitted by you and other users (“Submissions”) and the hosting, sharing, and/or publishing of such Submissions. You understand that CCS does not guarantee any confidentiality with respect to any Submissions, forums, as well as all other aspects of the Service, including your IP address, are not guaranteed to be secure or private and you should assume your Content, information and Submissions can be read and even copied by others, with or without your knowledge or permission. Although a particular feature of the site may have a policy of limited Membership or restricted access, CCS shall have no liability if unauthorized persons nevertheless obtain access to your Content or other information. Use of the Service is at your own risk.

CCS does not endorse and has no control over the Content and CCS expressly disclaims all liability in connection with user Submissions. You understand that when using the Service, you will be exposed to Submissions from a variety of sources, and that CCS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You use the Service solely at your own risk, you are solely responsible for the Content that you post on or through any partof the Service, and any material or information that you transmit to other users and for your interactions with other users. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against  CCS with respect thereto, and agree to indemnify and hold CCS, its owners and operators, affiliates, contractors, partners, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. CCS neither endorses nor controls user postings available, delivered or displayed anywhere on the Service, and CCS assumes no duty to monitor or endorse Content anywhere on the Service, nor does CCS represent or guarantee the truthfulness, accuracy, or reliability thereof or that any posting complies with the terms or conditions of this Agreement, and you should never rely upon any Content as being true, accurate or reliable. You understand, acknowledge, and agree that Content originating from any Member are the sole responsibility of the individual(s) associated with that profile name. You, and not us, are entirely responsible for the consequences of all your Content on the Service. Content does not reflect the views of CCS, nor any of its affiliates. In no event shall CCS or any affiliates have or be construed to have any responsibility or liability for or in connection with any Content whatsoever; provided, however; if we determine, in our sole discretion and judgment, that any Content does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to use the Service; (b) remove and delete Content; (c) revoke your ability to use the Service; and/or (d) use any technical, legal, operational or other means available to us to enforce the provisions of this Agreement.

4. Representations and Warranties
As a user of the Service, you understand, represent, warrant, and agree:

1. You are over 18 years of age, or 21 years of age, whichever is the minimum for Your geographic and political location.
2. All descriptions, photos, information, and other Content in your Member profile will be a truthful, accurate, and current representation and presentation of yourself.
3. You are solely responsible for all Content that you publish on the Service and/or transmit to others.
4. You will never post any Content depicting any person or persons who were not at least 18 years of age at the time the Content was created.
5. Postings photographs, artwork, comment of a person other than yourself is with the full knowledge and approval of the other person.
6. Your use of the Service, whether publishing or viewing anything thereon, as well as any communications and/or interactions you have with others, is entirely voluntary.
7. You can stop your use of the Service at any time; there is no requirement to participate. 
8. You are solely responsible for Content you view and/or publish, and for your interactions with others.
9. You will be solely responsible for setting, managing, and securing your passwords, and are fully responsible for all activities that occur under your username and password.
10. CCS does not monitor the Service. We may, however, either directly or via our authorized representatives, and without any need for explanation or reason, review, suspend, and/or delete anything you publish.
11. If You or anyone else using the Service is in any way damaged by anything arising from your use of the Service, with such damage(s) being financial, psychological, physical, or otherwise, you agree to indemnify CCS, as well as all officers, directors, employees, representatives, and agents, and hold them harmless from any such damage(s).
12. CCS may at our discretion, and without notice, log onto your account to review text, photos, audio, and video even those which are unavailable to the public to check for compliance with the standards stated herein and take appropriate action therefrom as stated above.
13. Member accounts are not transferable. Any account you create is to be used exclusively by and for yourself.
14. Any abuse on the site or in the community, in CCS sole and arbitrary judgment, may result in selective suspension of various site privileges or even the suspension or termination and deletion of your account.
15. You agree that other notices and policies found elsewhere on the site are hereby incorporated into this agreement.
16. You agree not to gain unauthorized access to the Service, other users’ accounts, names, personally identifiable information or other computers, websites, or pages, connected or linked to the Service or to use the Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement.
17. You agree not to modify, disrupt, impair, alter, or interfere with the use, features, functions, operation or maintenance of the Service or the rights or use and enjoyment of the Service by any other person, firm or enterprise.
18. You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider, or robot, to access, extract, capture, or download any Content from the Service. You agree not to use or launch any automated system that accesses the site in a manner that sends to CCS servers in each period than a person can reasonably create in the same period by using a conventional on-line web browser. 
19. You will abide by standards of conduct and decency which are in line with the general online swinger community, as well as all applicable laws. Violation of this, in CCS’ sole and absolute discretion, may result in CCS taking appropriate action against you including, without limitation, deleting Content, removing Your account(s) from the Service, reporting to law enforcement authorities, and other legal actions. User represents and warrants that you will not directly or indirectly engage in any activity nor post any Content that:

1. is in any way illegal or unlawful for you to personally view or post according to rules, regulations, and/or laws of your specific geographic local community where you reside and which you are personally responsible for knowing and complying with
2. you do not own the copyright to
3. harasses or advocates harassment of another person
4. is patently offensive and/or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual
5. posting of another person’s information, photos, statements without the full knowledge and approval of the person
6. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”
7. provides access (either directly or via links) to an illegal or unauthorized copy of another person’s copyrighted work, such as computer programs, music, videos, photographs, art, etc.
8. solicits passwords or personally identifying information from others
9. constitutes, or could be construed as, child pornography or the abuse of children
10. constitutes, or could be construed as, being abusive to animals
11. constitutes, or could be construed as human trafficking
12. entices or promotes hate or violence against any race, nationality, religion, or lifestyle
13. is illegal, threatening, abusive, hateful, defamatory, libelous, slanderous, or injurious to the reputation of any person or entity
14. is either directly or indirectly an unapproved advertisement of any form for commercial purposes
15. constitutes an infringement, misappropriation, or violation of any person’s intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, or other rights
16. introduce any program, file, data stream or other material that contains viruses, worms, “Trojan horses” or any other destructive feature, regardless of whether damage is intended or unintended
17. promotes or solicits for any competing business to CCS

1. As the provider of the Service, CCS represents and warrants that it will use commercially reasonable efforts to maintain the Service in good working order, available most of the time, and available to people in general on the world wide web where sexually oriented adult Content is accessible and not otherwise blocked by technology and/or laws which are out of our direct control. We make no representations or warranties with regards to data integrity, availability, archives, security, or back-ups. 
2. You are advised to keep local back-ups on your own computer of all your data and information, and to not post any personally identifiable information on the Service. 
3. CCS makes absolutely no representations or warranties on data integrity or security of any Content or other information including, but not limited to, photos, text, emails, preferences, profile settings, IP addresses, email addresses, nor do we make any representations or warranties about any Member, any posting, or any online or offline interactions you may have.

• 6. Access
  All Content on CCS is free, and includes event postings, event related articles, and Phunbook postings. CCS reserves the right to change the pages, rights, and features at any time, and without notice.

• 7. Proprietary Rights of CCS
  CCS owns and retains all proprietary rights in the Service and in the Content, it publishes on its own behalf thereon, as well as all programming code, user-interface designs, database methodologies, and systems design. The Service also contains copyrighted material, trademarks, and other proprietary rights and property of CCS and our partners, vendors, and licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, replicate, duplicate, or sell any such proprietary information.
  
  8. Copyright Policy
  All images, writings, and Content published on the Service, or used in creating the Service, are protected by copyright. You are solely liable for what you publish on the Service. You warrant and represent that you will not post, distribute, duplicate, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Furthermore, by posting any Content, you hereby grant to CCS a non-exclusive, royalty-free, fully paid, perpetual, unrestricted, irrevocable worldwide license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Content and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, in connection with the Service and CCS’s business, including without limitation for promoting and redistributing part or all of the Service, and derivative works thereof, in any media formats and through any media channels, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, or extra compensation, attribution or otherwise, except for the accompanying publication of your profile username. 
• You accept that people who view your postings can easily themselves make copies of that Content, legally or illegally, and so you hereby release CCS from any expectation or obligation to create, purchase, or deploy technology to prevent such unauthorized copying.
  
  9. Privacy Policy
  Use of the Service is also governed by Our Privacy Policy, which is hereby incorporated into this Agreement by reference. The Privacy Policy may be found by clicking on the link entitled “Privacy Policy” located at the bottom of the home page at carnivalsafe.com
  
  11. Disclaimers
• CCS is not responsible for any user Content published on the Service, or in connection with the Service, whether by you or by other Members or Users.
• CCS is not responsible for the conduct, whether online or offline, of any Member or User of the Service.
• CCS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Service, Content or any Member or other user communications.
• The Service and/or any features thereof may at any time fail or be subject to computer hacking, copying, or phishing (including your IP address), and CCS disclaims any responsibility for such events and makes no representations regarding the security nor the permanence of any data, including back-up’s.
• Under no circumstances will CCS be responsible for any loss or damage, including but not limited to personal injury or death, resulting from your use of the Service, any Content posted on the Service or transmitted to or from user, any lack of online or offline security, or any interactions between user and others, whether online or offline.
• That CCS may, in its sole and absolute discretion, review photos, video and/or other Content, and may even delete some Content from the system before or after it is published, does not in any way imply that CCS is expected or obligated to do so. 
• THE SERVICE IS PROVIDED “AS-IS” AND CCS DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CCS DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ITS SERVICES. FURTHERMORE, CCS IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY ANY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, USERS, LICENSORS, LICENCEES, PARTNERS, CLUBS, PHOTOGRAPHERS, AND ADVERTISERS), NOR FOR ANY THIRD-PARTY SITES THAT CAN BE LINKED TO FROM THE SERVICE.
  
  12. Liability Limitations
  IN NO EVENT SHALL CCS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICE, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF CCS AND/OR ITS USERS, AFFILIATES, AGENTS, OR AUTHORIZED REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IF CCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR FOR ANY MISTAKES SUCH AS ALLOWING OR DISALLOWING ANY CONTENT. NOR FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTY EVEN IF SUCH PERSON OR BUSINESS WAS REFERRED BY CCS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT EITHER PARTY’S LIABILITY TO THE OTHER FOR WILLFUL AND MALICIOUS MISCONDUCT OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. FURTHERMORE, IT IS HEREBY AGREED THAT CCS’ SOLE LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE MONETARY AMOUNT PAID, IF ANY, BY USER TO CCS FOR THE SERVICE DURING THE TERM OF USER’S USE. YOU ASSUME ALL RISKS IN YOUR USE OF THE SITE AND SERVICE, AND ALL FEATURES THEREOF (E.G. PHOTOs, FORUMS, EMAIL, PROFILE DETAILS, EVENTS, ETC). THIS INCLUDES, WITHOUT LIMITATION, ANY PRIVACY, IDENTITY, COPYRIGHT, EMOTIONAL, ECONOMIC, AND/OR PHYSICAL DAMAGES THAT MAY YOU INCUR.
  
  Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have CCS, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement. You further understand and acknowledge the capacity of the Service, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that CCS assumes no liability, responsibility, or obligation to transmit, process, store, receive, deliver, or secure transactions or Content or IP addresses, or for any failure or delay associated with any Content or other information and you are hereby expressly advised not to rely upon the timeliness or performance of the Service for anything.
  
  13. Member Disputes
  CCS does not monitor Content of users. You may find other users Content to be offensive, harmful, inaccurate, or deceptive. You are solely responsible for your interactions with other users. Because CCS is not involved in user interactions, if you have a dispute with one or more users who have posted, viewed, or used Content on the Service, you hereby release CCS, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  
  14. Term and Termination
  This Agreement will remain in full force and effect while you use the Service. you may terminate your use at any time and for any reason. CCS may terminate your account(s) and/or delete Content (if any) at any time and without reason, with no notice required. Even after this Agreement is terminated, certain provisions will remain in effect, including but not limited to all sections of this Agreement.
  
  15. Binding Arbitration, Applicable Law and Venue, Attorneys Fees.
  This Agreement is governed by, and will be interpreted and enforced in accordance with the laws of the State of California, without regard to principles of conflict of laws. Any claim or dispute arising under this Agreement may only be brought in arbitration, pursuant to the rules of the American Arbitration Association, with venue in the city of San Diego in the state of California. Each user and CCS consents to this method of dispute resolution, as well as jurisdiction, and consents to this being a convenient forum for any such claim or dispute and waives any right it may have to object to either the method or jurisdiction for such claim or dispute. In the event of any dispute among the parties, the prevailing party shall be entitled to recover damages plus reasonable attorney’s fees, and the decision of the arbitrator shall be final, binding, and enforceable in any court.
  
  16. Indemnity
  You agree to indemnify and hold CCS, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of any provision in this Agreement. This defense and indemnification obligation will survive termination of this Agreement and your use of the Service.
  
  CCS reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with CCS in the defense of any such claim, action, settlement, or compromise negotiations, as requested by CCS.
  
  17. Entire Agreement, Severability and Force Majeure
  This Agreement, accepted upon use of the Service, contains the entire agreement between user and CCS regarding the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances.
  
  18. Changes
  CCS has the right, at its sole discretion, and without necessity of notice, to modify either this Agreement and/or the Service at any time. Changes to this Agreement will be posted on carnivalsafe.com as described above so that you may review it. If any portion of this Agreement or any change to the Service is unacceptable to you, you should immediately discontinue your use of the Service; continued use of the Service means that you have accepted and are bound by this Agreement and any changes made hereto.
  
  19. Contact
  Any notices to CCS are to be sent to Camp Carnival Safe P.O. Box 236 Warner Springs CA 92086. Any notices to user will be sent to the email address provided to us in your account on the Service.
  
  20. Language
  It is expressly agreed that it is the will of both CCS and user that this Agreement, as well as the Privacy Policy and all other policies and notices contained on the Service, have been drawn up in English.