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Terms of Use

Welcome, and thank you for your interest in Nick’s Power of Play, a Delaware nonstock, non-profit
corporation (“Nick’s Power of Play,” “we,” or “us”) and our website at www.nickspowerofplay.com,
including subdomains of that website (collectively, the “Site”). These Terms of Use are a legally binding
contract between you and Nick’s Power of Play regarding your use of the Site.


PLEASE READ THE FOLLOWING TERMS CAREFULLY.


BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND
UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE
BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY
POLICY (DEFINED BELOW) (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR
DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE
SITE. YOUR USE OF THE SITE, AND NICK’S POWER OF PLAY’S PROVISION OF THE SITE TO
YOU, CONSTITUTES AN AGREEMENT BY NICK’S POWER OF PLAY AND BY YOU TO BE
BOUND BY THESE TERMS.


1. Overview. The Site provides information about Nick’s Power of Play, our organization is about teens
bringing the power of play (particularly video games) to kids who are affected by cancer or other
childhood illnesses or disorders.


2. Eligibility. You must be at least 13 years old to use the Service, if you are under the age of 18, your
parent or guardian must agree to these Terms on your behalf and both you and your parent or guardian
agrees to be bound by these Terms..


3. Licenses


3.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Nick’s
Power of Play grants you, solely for your personal, use, a limited, non-exclusive, non-transferable, non-
sublicensable, revocable license to access and use the Site.


3.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under
applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site;
(b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Site, including
any security or access control mechanism. If you are prohibited under applicable law from using the Site,
you may not use it.


3.3 Information You Submit. Do not submit any information or other materials that you consider
confidential or proprietary through the Site. If you choose to provide input and suggestions regarding
problems with or proposed modifications or improvements to the Site (“Feedback”), then you do so on a
non-confidential basis (regardless of any designation or indication to the contrary in the submitted
information or any accompanying correspondence) and you hereby grant [Company] an unrestricted,
perpetual, irrevocable, non-exclusive, fully-paid, royalty-free transferable, sublicensable right to exploit
the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.


4. Ownership; Proprietary Rights. The Site is owned and operated by Nick’s Power of Play. The
visual interfaces, graphics, design, compilation, information, data, computer code (including source code

or object code), products, software, services, and all other elements of the Site (“Materials”) provided by
Nick’s Power of Play are protected by intellectual property and other laws. All Materials included in the
Site are the property of Nick’s Power of Play or its third-party licensors. Except as expressly authorized
by Nick’s Power of Play, you may not make use of the Materials. Nick’s Power of Play reserves all rights
to the Materials not granted expressly in these Terms.


5. Linked Websites. The Site may contain links to third party websites. Linked websites are not under
Nick’s Power of Play’s control, and Nick’s Power of Play is not responsible for their content.


6. Prohibited Conduct. BY USING THE SITE YOU AGREE NOT TO:


a. use the Site for any illegal purpose or in violation of any local, state, national, or international
law;


b. violate, or encourage others to violate, any right of a third party, including by infringing or
misappropriating any third-party intellectual property right;


c. interfere with security-related features of the Site, including by: (i) disabling or circumventing
features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise
attempting to discover the source code of any portion of the Site except to the extent that the activity is
expressly permitted by applicable law;


d. interfere with the operation of the Site or any user’s enjoyment of the Site, including by
uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code or
interfering with or disrupting any network, equipment, or server connected to or used to provide the Site;

 

e. perform any fraudulent activity including impersonating any person or entity, or claiming a false
affiliation;


f. sell or otherwise transfer the access granted under these Terms or any Materials or any right or
ability to view, access, or use any Materials; or


g. attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging
in any of the acts described in this Section 7 .


7. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis
at any time. Please check these Terms periodically for changes. Except as expressly permitted in this
Section 8 , these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.


8. Modification of the Site. Nick’s Power of Play reserves the right to modify or discontinue the Site at
any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently,
without notice to you. Nick’s Power of Play will have no liability for any change to the Site or any
suspension or termination of your access to or use of the Site.


9. Term. These Terms are effective beginning when you accept the Terms or first access, or use the
Site, and ending when terminated as described in this Section 10 . If you violate any provision of these
Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Nick’s
Power of Play may, at its sole discretion, terminate these Terms, or suspend or terminate your access to
the Site, at any time for any reason or no reason, with or without notice. Upon termination of these Terms:

(a) your license rights will terminate and you must immediately cease all use of the Site; (b) you will no
longer be authorized to access the Site; and (c) Sections 3.3 , 4 , 9 , 10 , 11 , 12 , and 13 will survive.


10. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Site, and
you will defend and indemnify Nick’s Power of Play and its officers, directors, employees, consultants,
affiliates, subsidiaries and agents (together, the “Nick’s Power of Play Entities”) from and against every
claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable
attorneys’ fees and costs, arising out of or connected with:

 

(a) your unauthorized use of, or misuse of, the Site;

 

(b) your violation of any portion of these Terms, any representation, warranty, or agreement
referenced in these Terms, or any applicable law or regulation;

 

(c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
 

(d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to indemnification by you
(without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

 

11. Disclaimers; No Warranties


11.1 THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE
ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NICK’S POWER OF PLAY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING
TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE,
INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B)
ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. NICK’S
POWER OF PLAY DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR
ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED,
SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND
NICK’S POWER OF PLAY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE
CORRECTED.


11.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THE SITE OR NICK’S POWER OF PLAY ENTITIES OR ANY MATERIALS OR CONTENT
AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF
THE NICK’S POWER OF PLAY ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN
THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM
THE SITE OR YOUR USE OF THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE
ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE
NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR
COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY
LOSS OF DATA.


11.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW. Nick’s Power of Play does not disclaim any warranty
or other right that Nick’s Power of Play is prohibited from disclaiming under applicable law.


12. Limitation of Liability


12.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE NICK’S
POWER OF PLAY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF

PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING
TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR
ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT ANY NICK’S POWER OF PLAY ENTITY HAS BEEN INFORMED OF
THE POSSIBILITY OF DAMAGE.


12.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF
THE NICK’S POWER OF PLAY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR
RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR
OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS
LIMITED TO $100.

 

12.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF
LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO
AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS
ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE
PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER
PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN
IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


13. Miscellaneous


13.1 General Terms. These Terms, together with the Privacy Policy available at https://www.nickspowerofplay.com/privacy-policy (the “Privacy Policy”), and any Additional Terms (defined below), are the entire and exclusive understanding and agreement between you and Nick’s Power of Play regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.


13.2 Governing Law. These Terms are governed by the laws of the State of Delaware without regard
to conflict of law principles that would result in the application of the laws of another jurisdiction. You
and Nick’s Power of Play submit to the personal and exclusive jurisdiction of the state courts and federal
courts located within [New Casle County, Delaware] for resolution of any lawsuit or court proceeding
permitted under these Terms.


13.3 Privacy Policy. Please read the Privacy Policy https://www.nickspowerofplay.com/privacy-policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.


13.4 Code of Conduct. Please read the Code of Conduct carefully for information relating to acceptable behavior while using the Site. The Code of Conduct is incorporated by this reference into, and made a part of, these Terms

13.5 Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site or that you agree to in connection with certain technology or services made available to you by or on behalf of Nick’s Power of Play (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.


13.6 Consent to Electronic Communications. By using the Site, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.


13.7 Contact Information. The Site is offered by Nick’s Power of Play. You may contact us by sending correspondence to that address or by emailing us at nick@nickspowerofplay.com.


13.8 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.


13.9 No Support. We are under no obligation to provide support for the Site. In instances where we
may offer support, the support will be subject to published policies.


13.10 International Use. The Site is intended for visitors located within the United States. We make no
representation that the Site is appropriate or available for use outside of the United States. Access to the
Site from countries or territories or by individuals where such access is illegal is prohibited.