Terms of Use (User Agreement)

Effective Date: 1/26/10

1. Introduction

Welcome to CampPete.com (the “Web site”), Pete Carroll’s online football world for kids!

This Web site allows you to create and personalize a football-player avatar and then explore a multiplayer virtual world which contains online games, videos, football instruction, contests and opportunities to further customize your avatar. This Web site is owned and operated by Play Action Online Kids Camps, Inc. of Gainesville, Florida. Unless otherwise stated, “Play Action Online Kids Camps, Inc”, “we” or “our” refers to Play Action Online Kids Camps, Inc., a Florida corporation. If you have any questions regarding this Web site, please feel free to contact our Custom Service Department as specified on the Contact Us page on the Web site. The Web site is only intended for viewing in the United States.

PLEASE READ THESE TERMS OF USE (USER AGREEMENT) CAREFULLY BEFORE USING THIS WEB SITE. IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ AND AGREE WITH THESE TERMS ON YOUR BEHALF. BY USING THIS WEB SITE, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THESE TERMS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S REGISTRATION ON THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT TO THEIR USE OF THIS WEB SITE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEB SITE. PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS.

Note that there are some services provided by this Web site which carry with them a special set of terms such as subscription-based membership, special features, contests or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these terms.

You acknowledge that this User Agreement, (“User Agreement”) is a contract between you and Play Action Online Kids Camps, Inc. and applies to all users of this Web site. You acknowledge that this User Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of this Web site and receipt of data, materials and information available at or through this Web site, the possibility of our use or display of your Submissions, as defined below in Section 5, and the possibility of the publicity and promotion from our use or display of your Submissions. In this User Agreement, “you” and “your” means any person or entity using this Web site, provided that if such a person is under 18 years of age or the age of majority in your jurisdiction, whichever is older, it also includes such person’s parent or legal guardian.

2. Accounts, Payments, Trial and Promotional Offers, and Refunds

Some services on this Web site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Web site. In addition, you agree to exit from your account at the end of each session.

Some areas of this Web site also require you to have a paid membership account (currently known as an MVP Member account) to participate or to secure additional benefits. As part of the registration process for a paid membership account, we will collect certain additional information from you related to billing and payment matters ("Payment Information"). Such Payment Information will include a valid debit card or credit card number with available credit sufficient to pay the applicable subscription fees, an election of a preferred billing frequency, and other information as required by us. All Payment Information you provide or provided by or on behalf of you must be current, complete and accurate, and you are solely responsible for updating such Payment Information as necessary through the Manage My Child’s Account area of the Web site. You hereby authorize us, from time to time, to take steps to determine whether the debit card or credit card number provided is valid. We reserve the right to terminate your account immediately in the event any Payment Information is found to be inaccurate, incomplete, not current or if your payment is declined for any reason. We shall not be responsible for any overdraft charge or other fees that may be incurred by our use of your debit card or credit card.

Some areas of this Web site also require you to have a paid membership account for a certain uninterrupted period of time to participate or to secure additional benefits. For example, some areas of this Web site are only available to paid member accounts that have been active paid member accounts for an uninterrupted period of one year.

From time to time, we may offer certain trial and/or promotional offers, including but not limited to our “Tryout Code” offer. We reserve the right to discontinue or modify coupons, credits, trials and promotional offers at our discretion and without notice. Any such trial or promotional offers may not be combined with other coupons, credits, trials, promotions or any other discounts, and are limited to one (1) per customer. The details of any trial or promotional offers applicable to you shall be listed on the Web site during the registration process.

Some trial and/or promotional offers require you to enter your Payment Information at time of registration so that, once your free trial period has ended, your paid membership will be automatically renewed on a month-to-month basis so you can continue to access the paid member services without interruption. If you do not wish to have your paid membership automatically renewed and charged to you, you must cancel your paid membership at least one (1) day prior to the expiration of your free trial period through the Manage My Child’s Account area of the Web site.

If you are on a recurring monthly paid membership plan, your paid membership will be automatically renewed on a month-to-month basis on the same day of the month every month so you can continue to access the paid member services without interruption. If you do not wish to have your paid membership automatically renewed and charged to you, you must cancel your paid membership at least one (1) days prior to day your membership renews each month. You may cancel your paid membership through the Manage My Child’s Account area of the Web site.

We are not able to issue a refund on any charge. Please make sure to cancel your monthly membership or trial membership at least one (1) day prior to the monthly membership renewal date if you do not wish to maintain your membership, as we cannot refund these transactions once they go through. All sales are final and cannot be refunded or returned.

We may suspend or terminate your account, including your paid membership account and your ability to the any Web Site or portion thereof for failure to comply with this User Agreement or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

3. Amendments

We may amend or supplement this User Agreement at any time. Please check this User Agreement each time you access and use this Web site so that you will understand the terms applicable to your access and use of this Web site. When we make material changes to this User Agreement, we will notify you by posting notice of such amendment(s) on this page of this Web site. If you do not agree to the amended User Agreement, you may not continue to access or use this Web site.

4. Privacy

Our general Privacy Policy (as of the most recent effective date) (the “Privacy Policy”) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. For our Privacy Policy, visit the Privacy Policy page on this Web site. Our Privacy Policy may be changed from time to time.

5. Submissions

In this User Agreement, "Submissions" means any artwork, text, messages, formats, ideas, concepts, drawings, pitches, suggestions, stories, screenplays, treatments, photographs, videos, audiovisual works, lyrics, musical compositions, sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through this Web Site. You agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type. We, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

6. Public Forums and Communication

"Public Forum" means an area or feature offered as part of this Web Site that offers the opportunity for users to distribute Submissions for viewing by one or more Web Site users, including but not limited to a chat feature, message board, message wall, social community environment, “Field Notes” feature and “Ask The Coach” feature.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Submissions you Distribute on or through this Web Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.

We reserve the right to screen, refuse to post, remove or edit Submissions at any time and for any or no reason including, without limitation, if your Submission fails to conform to the Rules of Conduct, in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen Submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

7. Use of Content

This Web site is only for your personal use. You may not use this Web site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

All information, materials, functions and other content, including but not limited to Submissions, (collectively, the "Content") contained on Web site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change this Web site or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from any Web Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Web Site, except that where a Web Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Site or the Content, in whole or in part, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of Web site is prohibited.

In the event that we offer downloads of software on a Web Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any trademarks, service marks, trade names or other proprietary rights in the Web site or Content or any part thereof to you or any third party. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

8. Cooperation, Removal of Submissions

Without prejudice to any of our other rights under this User Agreement or at law, we reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Content from any Web Site that violates these terms of use (including the Rules of Conduct) and (b) to the extent we are able to do so under applicable law, identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or game rules, and/or protect the safety or security of any person or property, including any Web Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

9. Licenses and Representations

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on Web site, on third party Web sites, and for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").

By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Web site Rules of Conduct, as defined in Section 12 below, and other requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These terms of use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.

To the extent that we solicit Submissions through features or activities on or through Web site, including but not limited to contests, games and Public Forums, that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.

To the extent any "moral rights," "ancillary rights," or similar rights ("Moral Rights") in or to the Submissions exist and are not exclusively owned by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. To the extent such an agreement is unenforceable, you hereby give a Moral Rights Consent. To the extent any other person has Moral Rights in or to the Submission; you must obtain a Moral Rights Consent from that person and provide it on request to Web. "Moral Rights Consent" means a waiver of moral rights to the maximum extent permitted by applicable law and an unconditional consent to any act or omission in relation to the Submissions by or on behalf of Web or any licensee or subsequent owner of copyright in the Submissions, including an act or omission which would, but for these terms of use, infringe your moral rights.

Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

10. Disclaimers

SUBJECT TO APPLICABLE LAW, THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO WEB SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY WEB SITE IS PROVIDED "AS IS" AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WEB SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Furthermore, the Content is intended for entertainment purposes only. The Content should not be interpreted as professional medical, fitness, nutrition or health advice. You should always speak to your personal health care provider before beginning, changing or stopping any exercise routine, physical activity, medication, diet or treatment for a health problem. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional advice or medical care. Neither we, nor our licensees, licensors, sponsors, affiliates, agents, officers, employees, contractors, information providers, content providers, service providers or Web site developers, shall have any liability for your exercise, medical, health, dietary or nutritional decisions based upon, or the results obtained from, the Content.

Some Content teaches and encourages football and exercise activities and techniques. The Content should not be interpreted as professional advice about proper or safe activities or technique. You should always consult with a professional football coach and health care provider in your local area in person to get further instruction and advice before attempting any football or exercise activity or technique. Neither we, nor our licensees, licensors, sponsors, affiliates, agents, officers, employees, contractors, information providers, content providers, service providers or Web site developers, shall have any liability for football or exercise related decisions or injuries based upon, or the results obtained from, the Content.

An adult over the age of 18 should also always watch and supervise if a minor wishes to practice or try out a football or exercise technique or play football.

This Web site may contain the opinions and views of other users. Given the interactive nature of this Web site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

11. Limitation of Liability

TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS.

SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSEES, LICENSORS, SPONSORS, AFFILIATES, AGENTS, OFFICERS, EMPLOYEES, CONTRACTORS, INFORMATION PROVIDERS, CONTENT PROVIDERS, SERVICE PROVIDERS OR WEB SITE DEVELOPERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY WEB SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A WEB SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY WEB SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO WEB SITE OR CHANGE THIS WEB SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THIS USER AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS USER AGREEMENT OR ANY WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

12. Web site Rules of Conduct

The following Rules of Conduct apply to this Web site:

• Respect Other Players/Users

• No Bullying

• No Swearing or Bad Words

• Never Share Your Password

• Never Tell Anyone Your Real Name, Phone Number, Address and/or E-Mail Address

• No Cheating. Use of any third party program to cheat is prohibited and could result in suspension or termination from the Web site.

Additionally, by using this Web site, you agree that you will not Distribute any Submission that:

• Is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations).

• Contains a virus or other harmful component, or otherwise tampers with, impairs or damages this Web site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Web sites.

• Does not generally pertain to the designated topic or theme of the relevant Public Forum; violates any specific restrictions applicable to a Public Forum; or is antisocial, disruptive, or destructive.

• Is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity.

• Is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity.

• Infringes or violates any right of a third party including: copyright, patent, trademark, trade secret or other proprietary or contractual rights; right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or any confidentiality obligation.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

13. Indemnification

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensees, licensors, sponsors, affiliates, agents, employees, contractors, information providers, content providers and Web site developer, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of this Web site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

14. Jurisdictional and Venue Issues

Subject to the requirements of applicable consumer rights and other laws, you agree that any action at law or in equity arising out of or relating to these terms of use or this Web site shall be filed, and that venue properly lies, only in state or federal courts located in the City of Gainesville, County of Alachua, State of Florida, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on any Web Site is appropriate or available for use in any particular location. Those who choose to access a Web Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

15. General Provisions

If any provision of this User Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. This User Agreement takes effect as an agreement and separately as a notice which limits the basis on which Web makes this Web site available. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this User Agreement shall not constitute a waiver of such right or provision.

16. Contests and Prizes

From time to time we may offer contests and prizes to users of this Web site. For Official Contest Rules, including Eligibility Requirements, visit the Contest Rules page on this Web site.

We may suspend or terminate your eligibility for any contest or prize at anytime for cheating or suspicion of cheating, manipulating scores, or suspicion of manipulating scores, giving or suspicion of giving false information or for any reason, or no reason whatsoever. Your failure or our suspicion of your failure could result in, but is not limited to, the following consequences:

• User’s high scores are removed or altered.

• User’s Touchdown Tokens and/or MVP Points are reduced or deleted

• User forfeits any prizes won.

• User’s membership is terminated.

• User is banned from all Web sites.

17. Notices and Claims of Copyright or Intellectual Property Infringement

It is our policy to respond to clear notices of alleged copyright infringement. The information below describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act.

Any notices or information you need to send us in association with this User Agreement, including notifications of claimed copyright or intellectual property infringement, must be submitting in writing to Play Action Online Kids Camps, Inc. via certified mail to the following address:

Play Action Online Kids Camps, Inc.
Attn: Kimberly Wilson, President
422 SW 140^th Terrace
Newberry, FL 32669

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the site;

4. Your address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.