2. Use of Content

The Site is for personal use only. The Site may not be used for commercial purposes or in any way that is unlawful or harmful to us or any other person or entity, as determined in our sole discretion. All information, materials, functions and the look, feel and actual functionality of the GBP Sites, and text, drawings, pictures, photographs, illustrations and other content, (“Content”) contained on GBP Sites are our copyrighted property. All trademarks, service marks, trade names, and trade dress are our proprietary intellectual property whether registered with the USPTO or by common law. In addition, if and to the extent you submit any Submissions (Solicited or Unsolicited), to a GBP Site, ownership in those Submissions is deemed part of our Content upon submission pursuant to the terms of Section 4 (“Confidentiality, Use and Ownership of Submissions”). We may change the GBP Sites or delete Content or features at any time, in any way, for any reason.

Except as we specifically agree in writing, no Content from any GBP Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the GBP Site, except that where a GBP 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 GBP Sites is prohibited. In the event that we offer downloads of software on a GBP 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”) is 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, except to the extent permitted by applicable law. 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 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.

3. Submissions

In these Terms of Use, we use the word “Submissions” to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), 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 a GBP Site.

There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions that: (a) you Distribute to a GBP Site in response to a specific contest, sweepstakes, or other just offer where request information from you that we may review, post on the Site, and in some cases reward with a prize or other compensation (“Consideration”); and/or (b) you Distribute on or through any GBP Site in order to participate in Site activities such as blogs or Public Forums (as defined below in Section 6, “Public Forums And Communication”) where we encourage users to offer suggestions, ideas, writings, artwork, and opinions, but for which we do not offer Consideration (such as in our Guest Services and in Public Forums).

“Unsolicited Submissions” are any and all Submissions that (a) do not fall within subparagraphs (a) or (b) of this paragraph, (b) could contain artwork or ideas that were not requested and not intended to be owned by us pursuant to Section 4 below, (c) have no relevance to the Site, or (d) are inappropriate for viewing by our users or otherwise illegal. PLEASE DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS. Our corporate policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any GBP Sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work contained in an Unsolicited Submission. We therefore ask that you not Distribute any Unsolicited Submission. If you choose to Distribute an Unsolicited Submission, you hereby acknowledge and agree that the terms of Section 4 (“Confidentiality, Use and Ownership of Submissions”) apply to you.

4. Confidentiality, Use and Ownership of Submissions.

These Terms of Use apply equally to Unsolicited Submissions and Solicited Submissions. All Submissions are provided without obligations of confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. Further, you have no expectation of any review, compensation or Consideration of any type for any Unsolicited Submissions. You understand, acknowledge and agree that upon your Distribution of a Submission to us, GBP has the unlimited right to post such Submission to one or more GBP Sites, and that we, our licensees, distributors, agents, and representatives shall be entitled to exploit and disclose all Submissions. GBP is not now, nor at any time, liable to you or to any person claiming through you for any exploitation or disclosure of any Submission. In addition to the rights of GBP and our licensees, distributors, agents, and representatives, other users of GBP Site to which the Submission is posted may view the Submission and download one copy of a Submission to a single computer in accordance with Section 2 (“Use of Content”). No other rights are provided in your Submission to other GBP Site users.

You hereby unconditionally and irrevocably assign, transfer, and convey to GBP your entire present and future worldwide right, title and interest, including without limitation, the worldwide copyright, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights (as applicable), and Moral Rights (as defined below) in and to the Submissions that you Distribute to GBP. For this purpose, the term Submissions includes any and all manners of presentations, embodiments, derivatives and/or forms made by you or subsequently by GBP from your original Submission. You expressly allow GBP to exploit and to create derivative works based in whole or in part, and in any media format, from your original Submissions. GBP is not required by the foregoing assignment to provide any further notice to you of its use of your Submission, attribution to you with respect to your Submission, or any further permission from or payment to you or to any other person or entity with respect to your Submission.

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 GBP or our licensees, distributors, agents, and representatives, 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 GBP. “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 GBP 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, and to the extent allowed by applicable law, 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.

By Distributing a Submission, you represent and warrant that the Submission and your means of Distribution conform to the Rules of Conduct (set forth below in Section 7 “Rules Of Conduct”) 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 Distribute, and to authorize us to exploit and to own all rights in and to such Submission in all manners contemplated by these Terms of Use. These Terms of Use 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 GBP Sites (including, without limitation, chat rooms, polls, surveys, blogs or other such Public Forums, or other interactive Site features) that require the use of our Content (in whole or in part), we hereby grant you a non-exclusive, limited license to create a derivative work using our Content (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 Submission you create to us. If such rights are not assigned to us, your license to create derivative works using our Content (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.

5. Accounts

Some services on the GBP Sites 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 (the “Registration Data”). 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 GBP 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 any GBP Site. In addition, you agree to exit from your account at the end of each session. Subject to applicable law, we may suspend or terminate your account and your ability to use any GBP Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

6. Public Forums & Other Interactive Site Features

For purposes of this Terms of Use, a “Public Forum” means an area, site or feature offered as part of any GBP Site that offers the opportunity for users to Distribute Submissions for viewing by one or more GBP Site users, including a chat room, blog, poll (if results are posted), survey (if results are posted), message board or social community environment. 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. For more specific information regarding our protection of your Personal Information, our monitoring of Public Forums and screening of Submissions, and your privacy rights with respect to use of the Site, please access and review our Privacy Policy at: http://www.kidcommand.com/privacy.php. You are and shall remain solely responsible for the Submissions you Distribute on or through any GBP Site under your username or otherwise by you in any Public Forum.

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. Screening of Submissions, and periodic moderating of live chat rooms, as conducted by us from time to time, may cause a delay in the posting of Submissions 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, verifying that you own the copyright or otherwise obtained permission to post the material.

7. Rules of Conduct

The following Rules of Conduct apply to the GBP Sites. By using the GBP Sites, you agree that you will not Distribute any Submission that:

• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to, but limited to, commit them, including a Submission that is, or represents an attempt to engage in, but not limited to, 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;

• (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity in any capacity that a person or entity could be harmed;

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

• 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 the GBP Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the GBP Sites; or

• (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum; or (c) is antisocial, disruptive, or destructive, including, but not limited to, “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

Due to the commercial impracticability of monitoring the Site on a 24 hour basis, we cannot confirm and do not guaranty that other users will comply at any given time with the foregoing Rules of Conduct or any other provisions of these Terms of Use. Accordingly, you hereby agree to assume all risk of harm or injury resulting from any such lack of compliance by other Site users.

8. Cooperation; Removal of Submissions

Without prejudice to any of our other rights under these Terms of Use or at law, we reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any GBP 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 the rules of any chat room, poll, survey, blog or other such Public Forum, or other interactive Site feature, and/or protect the safety or security of any person or property, including any GBP Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

9. Disclaimers

10. Game Play & Latency

To support smooth operation of the Site across wide geographic areas, aspects of certain activities in the Site may be simulated to avoid delays in game play. Kid Command uses server side synchronization of game play. This means that your computer is communicating with our servers. This communication is dependent on the speed of your internet service provider. Other players could have faster and/or slower connections causing your interaction with the server to be on a time delay and this can cause latency.

11. Indemnification

You are responsible for maintaining the confidentiality of your and your child’s email address, username(s), password(s), and your account(s) and your child’s account (Avatar name), as well as all activities that occur under your and your child’s account(s). You hereby agree to indemnify, defend, and hold harmless GBP and our licensees, distributors, employees, agents, and representatives, officers and directors and assigns (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, costs and expenses (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 or your child’s use of the GBP Sites 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.

12. Limitation of Liability

TO THE EXTENT REQUIRED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL GBP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM YOUR OR YOUR CHILD’S USE OF ANY GBP SITE, INCLUDING, WITHOUT LIMITATION, THE USE OF, OR THE INABILITY TO USE, ANY GBP SITE OR CONTENT THEREON, THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A GBP SITE, LOSS OF BUSINESS OR PROFITS, LOSS OF DATA, COMPUTER VIRUSES, TECHNICAL, HARDWARE OR SOFTWARE FAILURES, UNAVAILABLE OR INTERRUPTED NETWORK CONNECTIONS, BREACH OF SECURITY, OR VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GBP IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT POSTED TO THIS SITE OR FOR THE CONDUCT OF ANY SITE USER. IF YOU ARE DISSATISFIED WITH THE SITE, THE SITE CONTENT, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. MOREOVER, SUBJECT TO APPLICABLE LAW, 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. SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO GBP SITES OR CHANGE THE GBP SITES 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 THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. Jurisdictional and Venue Issues

Subject to applicable law, at any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these Terms of Use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Web sites covered by these Terms of Use. Any such amendment to these Terms of Use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Web Sites. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

14. Termination

These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use at any time by discontinuing use of the Site. We may immediately terminate your or your child’s access to the Site, other GBP Sites in our sole and absolute discretion if you breach or fail to comply with any material term or provision of these Terms of Use. We have adopted and implemented a policy (See Section 16 “Copyright Policy”) that provides for the termination of the accounts of users who repeatedly violate the Digital Millennium Copyright Act which in term violates our Copyright Policy. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

15. General Provisions

If any provision of these Terms of Use 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. These Terms of Use take effect as an agreement and separately as a notice which limits the basis on which GBP makes the GBP sites 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 these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word “including” is used illustratively, as if followed by the words “but not limited to.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY GBP SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. Supply of goods, services and software through GBP Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through GBP Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through GBP Sites if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the United States of America Treasury Department's Specially Designated Nationals List or the United States of America Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

16. Copyright Policy

We have adopted and implemented a policy that is consistent with the Digital Millennium Copyright Act, and which, if violated, affords us the right, in our sole discretion, to terminate the accounts of users who are copyright infringers. If you believe that your copyright has been infringed by a user’s Submission to a GBP Site, you must send notification of claimed copyright infringement to our Designated Agent in accordance with the following instructions.

Notification must be submitted to the following Designated Agent:

Notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:

Service Provider: Green Bein’ Productions, Inc.

Name of Agent Designated to Receive Notification of Claimed Infringement: Collin Caneva

Full Address of Designated Agent to Which Notification Should be Sent:
Green Bein’ Productions, Inc. 1442 O St. Suite C Lincoln, NE 68508 Telephone Number of Designated Agent: 402.525.6139
E-Mail Address of Designated Agent: Collin@kidcommand.com

To be effective, the notification must be a written communication that includes the following:

• A physical or electronic signature of 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 us to locate the material;

• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

• A statement that the complaining party 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 complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on any GBP Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which GBP is located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.