The following Kamp Kilmer™ Website Terms and Conditions (“Terms and Conditions”) are inclusive of the Kamp Kilmer™ Privacy Policy, the Owner Agreement (as defined below), the Owner Promotion Rules (as defined below), the Contest Rules (as defined below), the Site’s FAQs, and any and all other applicable Kamp Kilmer™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”). 

 

You agree to the Agreement, in its entirety, when you: (a) access or use the Site; (b) access and/or view any of the: (i) links to third-party resources and other information (“Third-Party Links"); and/or (ii) videos, audio, stories, testimonials, text, photographs, graphics, artwork, information and/or other content featured on the Site, as made available by Kamp Kilmer™ (the “Site Content," and together with the Third-Party Links, the “Content"); (c) participate in any “Kamp Kilmer Contest” by uploading a qualifying video (“Kamp Kilmer Video”) to your Instagram®, TikTok®, Twitter® or YouTube® account for a chance to get “Kamp Kilmer Presale List ” which will enable you to mint a Kamp Kilmer™ NFT (as defined below); (d) purchase one of the unique non-fungible token (“NFT”) images featured on the Site, including those created by Kamp Kilmer™ in collaboration with Mr. Val Kilmer  (“Val Kilmer”) (collectively, “Kamp Kilmer™ NFTs”); (e) access links to Kamp Kilmer’s™ social media pages/accounts on third party social media websites (“Social Media Websites”), such as Discord®, Instagram® and Twitter® (collectively, “Social Media Pages”); (f) access, use and/or participate in any of the promotional offers made available to designated Kamp Kilmer™ NFT owners (“Owner Promotions”), pursuant to the applicable Owner Promotion Rules; (g) register to enter one or more of the promotional sweepstakes featured on the Site from time-to-time (collectively, the “Contests”); (h) purchase any of the Kamp Kilmer™ merchandise made available on the Site from time-to-time (collectively, the “Merchandise”); and/or (i) utilize the various registration forms, contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Kamp Kilmer™ (collectively, “Contact Services,” and together with the Site, Content, Kamp Kilmer Contest, Kamp Kilmer™ NFTs, Social Media Pages, Owner Promotions, and Contests, the “Kamp Kilmer™ Offerings”). 

 

Please review the Agreement carefully before accessing the Kamp Kilmer™ Offerings.  The Agreement constitutes the entire and only agreement between you and Kamp Kilmer™ with respect to your use of the Kamp Kilmer™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Kamp Kilmer™ 

 

Offerings and/or the products, services and/or programs provided by and/or through same.  Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Kamp Kilmer™ Offerings shall be subject to the Agreement.

 

 If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to access and/or use the Kamp Kilmer™ Offerings in any manner or form whatsoever.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST Kamp Kilmer™, Val Kilmer, THE Kamp Kilmer JUDGES (AS DEFINED BELOW) AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, RELATED PARTIES, NFT ARTISTS, THIRD-PARTY VENDORS AND/OR MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION.  THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

 

Discord® is a registered trademark of Discord Inc. (“Discord”).  Instagram® is a registered trademark of Facebook, Inc. (“Instagram”).  TikTok® is a registered trademark of ByteDance Ltd. (“TikTok”).  Twitter® is a registered trademark of Twitter, Inc. (“Twitter”).  YouTube® is a registered trademark of Google, Inc. (“Google”).  Please be advised that Kamp Kilmer™ is not in any way affiliated with Discord, Instagram, TikTok, Twitter or YouTube, and the Kamp Kilmer™ 

 

Offerings are not endorsed, administered or sponsored by any of the foregoing entities.

1.  Requirements.  The Kamp Kilmer™ Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Kamp Kilmer™ Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions). If a user is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his respective jurisdiction) and/or if that user is unable to enter into legally binding contracts under applicable law, that user does not have permission to use and/or access the Kamp Kilmer™ Offerings. Kamp Kilmer™ may terminate a user’s access to the Kamp Kilmer™ Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Kamp Kilmer™ believes that such user is: (a) in any way in breach of the Agreement; and/or (b) engaged in any improper conduct in connection with the Kamp Kilmer™ Offerings.

 

2.  Modification.  To the extent permissible by applicable law, we may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification.  The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Kamp Kilmer™ Offerings.  By your continued use of the Kamp Kilmer™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).    

 

3.   Registration; Account Log-In.  In order to obtain access to the Kamp Kilmer™ Offerings including, without limitation, the Contests as a user, you must first submit the applicable registration form to Kamp Kilmer™ for review and approval (“Form”).  Kamp Kilmer™ reserves the right, in its sole discretion, to deny access to the Kamp Kilmer™ Offerings to anyone at any time and for any reason, whatsoever.  

 

The registration data that you must supply on the Form may include, without limitation, some or all of the following: (a) your full name; (b) your e-mail address; (c) your billing/mailing address (where purchasing Merchandise or certain other Kamp Kilmer™ Offerings); (d) your credit card information ((where purchasing Merchandise or certain other Kamp Kilmer™ Offerings); and/or (e) any other information requested on the applicable Form (collectively, “Registration Data”).    

 

You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion.  Kamp Kilmer™ will verify and approve all registrants in accordance with its standard verification procedures.  

 

Upon registration, Kamp Kilmer™ will set up your specific account (“Account”).  During registration, you will be asked to provide a user-name and password to use as your Account log-in identification, where applicable (“Log-In”).  If the Log-In that you request is not available, you will be asked to supply another Log-In.  You can change the user-name and/or password that you selected during registration at any time through your Account settings.  You are responsible for maintaining the confidentiality of your Account and Log-In, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur through use of your Account and Log-In, including any purchases made therethrough.

In addition to the foregoing, individuals are not permitted to access the Kamp Kilmer™ Offerings with a Jail-Broken Mobile Device.  For purposes of the Agreement, a “Jail-Broken Mobile Device” is a Mobile Device that runs Apple’s® iOS operating system (including the iPhone®, iPod touch®, iPad® and second-generation Apple TV®) that has had any of its iOS-based software restrictions removed via any procedure that is not fully endorsed and authorized by Apple®. Apple®, iOS®, iPhone®, iPod touch®, iPad® and Apple TV® are registered trademarks of Apple Inc. (“Apple”).  Please be advised that Kamp Kilmer™ is not in any way affiliated with Apple, and the Kamp Kilmer™ Offerings are not endorsed, administered or sponsored by Apple.

 

4.  Wallet, Cryptocurrency and Technology Requirements.  Users shall be responsible, at all times, for obtaining and maintaining, at such users’ sole cost and expense: (a) all input/output devices or equipment (such as a computer/mobile device, up-to-date Internet browser version, modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, Internet connection, a functioning an e-mail account, long distance or local telephone services) necessary to access the Kamp Kilmer™ Offerings and for ensuring that such equipment and services are compatible with Kamp Kilmer’s™ requirements; (b) functioning MetaMask® or Coinbase® or similar wallets (“Wallet”) capable of accessing the Kamp Kilmer™ NFTs; and (c) any cryptocurrencies necessary to purchase and/or sell the Kamp Kilmer™ NFTs including, where applicable, Ethereum (“ETH”).  Kamp Kilmer™ does not guarantee the quality, speed or availability of the Internet connection associated with any mobile device and/or computer.  Kamp Kilmer™ does not guarantee that the Kamp Kilmer™ Offerings can be accessed: (i) on all mobile devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; and/or (iv) in all geographical areas.  Standard messaging, data and wireless access fees may apply to use of the Kamp Kilmer™ Offerings through a wireless device.  Users are fully responsible for all such charges and Kamp Kilmer™ has no liability or responsibility to any user, whatsoever, for any such charges billed by any wireless carrier.

 

Coinbase® is a registered trademark of Coinbase Global, Inc. (“Coinbase”).  MetaMask® is a registered trademark of ConsenSys Software Inc. (“MetaMask”).  Please be advised that Kamp Kilmer™ is not in any way affiliated with Coinbase or MetaMask, and the Kamp Kilmer™ Offerings are not endorsed, administered or sponsored by Coinbase or MetaMask.

 

5.  Kamp Kilmer™ NFTs.  Where Kamp Kilmer™ NFT ‘s are listed, you may purchase, or “mint,” a unique Kamp Kilmer™ NFT via the Site.  All purchases of Kamp Kilmer™ NFTs, as well as the terms, conditions and restrictions associated with your ownership and use of same, shall at all times be subject to a separate agreement between you and Kamp Kilmer™ (“Owner Agreement”).  

 

By purchasing an NFT, you are agreeing to the terms and conditions set forth in the Owner Agreement.  A purchaser of a Kamp Kilmer™ NFT may obtain certain ownership rights in and to the specific image depicted in the Kamp Kilmer™ NFT as same resides on the blockchain; provided, however, that certain restrictions shall apply with respect to use of same, and that purchaser shall have only a limited license to the individual layered files, traits and digital works associated with same (collectively, “Digital Object(s)”).  

 

By purchasing a Kamp Kilmer™ NFT, you represent and warrant that you are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (b) listed on any U.S. Government list of prohibited or restricted parties.

 

Users who are not Kamp Kilmer™ Listed may not be eligible to purchase Kamp Kilmer™ NFTs via the Site, and may only be able to purchase Kamp Kilmer™ NFTs via secondary markets.

 

Kamp Kilmer™ NFTS are intended as collectible items for individual enjoyment only. They are not meant as investment vehicles. We make absolutely no promise or guarantee that the Kamp Kilmer™ NFTs will increase in value, or maintain the same value as the amount you paid to purchase same. You understand and agree that the Kamp Kilmer™ NFTs have no inherent monetary value, and they should be treated as nothing more than a collectible with potential future value or lack thereof.

 

6.  Owner Promotions.  Subject to the terms and conditions of the Agreement, Kamp Kilmer™ may make certain Owner Promotions available (for free or for a fee) to individuals that own certain Kamp Kilmer™ NFTs.   The Owner Promotions may include exclusive Merchandise, live events (“Live Events”) and other unique user experiences.  Kamp Kilmer™ may not necessarily supervise the Live Events and, in any event, is not involved in any way with the actions of any individuals, including other users, at the Live Events.  Please use caution, common sense and safety when attending Live Events.  You are solely responsible for your interactions with other individuals in connection with the Live Events.  Without limiting the generality of the disclaimers contained in the Agreement and on the Site, because we: (a) do not necessarily supervise nor do we control the Live Events or interactions at Live Events; (b) are not involved in any way with physical transportation to or from Live Events or with the actions of any individuals at Live Events; and (c) cannot guarantee the true identity and age of individuals attending the Live Events, in the event that you have a dispute with one or more individuals in connection with the Live Events, you hereby release Kamp Kilmer™ and the Covered Parties from any and all 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.  Kamp Kilmer™ reserves the right, but has no obligation, to monitor disputes between you and other individuals in connection with the Live Events.  You understand and agree that Kamp Kilmer™ is not responsible or liable in any manner whatsoever for your inability to attend a Live Event.

 

7. Merchandise.  You can purchase Merchandise by and through the Site by completing the applicable Form and providing the requisite Registration Data, as further detailed in Section 8 below.   Kamp Kilmer™ does not warrant that the Merchandise descriptions are accurate, complete, reliable, current or error free.  We have made every effort to display as accurately as possible the colors of the Merchandise that appear on the Site.  However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Site, as applicable, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Merchandise to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Merchandise that we offer.  All descriptions of Merchandise, as well as Merchandise pricing, are subject to change at any time, without notice, in our sole discretion.  We reserve the right to discontinue any Merchandise at any time. Any offer for any Merchandise made on the Site is void where prohibited.

 

The Site contains Merchandise inventory information.  This information can be used to estimate the likelihood that the applicable Merchandise will be shipped immediately after you place your order.  Unfortunately, we cannot guarantee that Merchandise listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day, and hour-to-hour.  In rare cases, Merchandise may be in stock when you place your order and sold out by the time that your order is processed.  Should this happen, we will notify you via email.  If, for any reason, we determine that backordered Merchandise is no longer available, we will cancel your order, notify you immediately via email and provide you with a refund.

 

In the event that Merchandise is listed at an incorrect price point due to a typographical error or an error in pricing information received from our suppliers, Kamp Kilmer™ shall have the right to refuse or cancel any orders placed for the Merchandise so listed at the incorrect price.  Kamp Kilmer™ shall have the right to refuse or cancel any order whether or not the order has been confirmed and whether or not the applicable user paid for such Merchandise.  If a user has already paid for Merchandise and that order is canceled, Kamp Kilmer™ shall immediately issue a credit to that user’s Payment Method (as defined below) in the amount of the subject charge.

 

8.  Purchases; Billing Provisions.

(a)    Kamp Kilmer™ NFTs.  Where a user wishes to obtain a Kamp Kilmer™ NFT, and upon such user agreeing to the applicable Owner Agreement and, subsequently, connecting her/his/its Wallet to the designated area of the Site, that user’s Wallet will be charged the applicable purchase fee (the “NFT Fees”) for the applicable Kamp Kilmer™ NFT. 

 

(b)    Merchandise; Owner Promotions.  Where a user wishes to obtain Merchandise and/or access to certain Owner Promotions that require a fee, the user’s credit card, debit card, PayPal® account, and/or any other payment option permitted by Kamp Kilmer™ and provided by that user (collectively, “Payment Method”) will be charged a one-time fee for the applicable Merchandise or Owner Promotion (“One-Time Fee,” and together with the NFT Fees, the “Fees”).

 

(c)  General Billing Provisions.  All NFT Fees are payable in ETH.  All One-Time Fees are payable in United States currency.  Charges will appear on your Payment Method statement through the identifier “Kamp Kilmer.com.” By making a purchase by and through the Site, you: (i) represent that you are authorized to use the Wallet and/or Payment Method, as applicable, that you utilized in connection therewith and that any payment information that you provide is true and accurate; and (ii) authorize us to charge the Fees to your Wallet and/or Payment Method, as applicable.  You must promptly notify us of any changes to your Wallet and/or Payment Method, as applicable.  Any attempt to defraud through the use of any Wallet and/or Payment Method, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your access to the Kamp Kilmer™ Offerings (including any Kamp Kilmer™ NFTs, Owner Promotions and/or Merchandise) and pursuit of civil litigation and/or criminal prosecution.  UNLESS OTHERWISE INDICATED ON THE SITE AND/OR IN THE OWNER AGREEMENT, ALL FEES ARE FINAL AND NON-REFUNDABLE.    

 

Subject to the conditions set forth herein and in the Owner Agreement, you agree to be bound by the Billing Provisions of Kamp Kilmer™ in effect at any given time.  Upon reasonable prior written notice to you (with e-mail sufficing), and subject to any restrictions in the Services Agreement, Kamp Kilmer™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion.  Subsequent payment of Fees after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any Fees incurred prior to the applicable amendment or modification.  

 

(d)  Electronic Signatures.  Kamp Kilmer’s™ authorization to provide and bill for the Fees is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation.  Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency.  Kamp Kilmer’s™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the “E-Sign Act”).  Both laws specifically pre-empt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE Kamp Kilmer™ OFFERINGS.  Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.

 

9.  Kamp Kilmer Contests.  Users seeking to get Kamp Kilmer Presale List  may apply for same by submitting links to Kamp Kilmer Videos that such users posted on their respective Instagram®, TikTok®, Twitter® or YouTube® accounts.

 

(a)    Requirements.  Each user may only submit one (1) Kamp Kilmer Video.  Submission of more than one (1) Kamp Kilmer Video will render that user ineligible to get Kamp Kilmer Presale List .  Users must ensure that their Kamp Kilmer Videos: (i) are no longer than sixty (60) seconds in length; (ii) only depict the user him or herself, and no other party; (iii) comply with any and all Applicable Law (as defined below); (iv) prominently contain the hashtag #Kamp KilmerChallenge; (v) tag the @Kamp KilmerNFT account; and (vi) comply with all other requirements set forth in the Agreement, and otherwise established by Kamp Kilmer™ from time to time.  

 

Upon completion of your Kamp Kilmer Video, please fill out the applicable Form on the Site by including your email address and a link to your Kamp Kilmer Video. The deadline to submit a  Kamp Kilmer Video is April \1, 2022, 4:30 p.m. Eastern Standard Time (“EST”).

 

Each user must ensure that her/his Kamp Kilmer Video complies with the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials and Native Advertising: A Guide for Businesses (the “FTC Guidelines”) by including any necessary disclosures, caveats and disclaimers.  In addition, users must at all times comply with the applicable social media platform on which they post their respective Kamp Kilmer Videos.

USERS ARE NOT PERMITTED TO OPEN ANY ADDITIONAL AND/OR SEPARATE SOCIAL MEDIA ACCOUNTS, OR OTHERWISE POST Kamp Kilmer VIDEOS UNDER ALIASES.  Kamp Kilmer™ RESERVES THE RIGHT TO INVALIDATE ANY Kamp Kilmer VIDEO WHERE Kamp Kilmer™ DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT THE Kamp Kilmer VIDEOS WAS SUBMITTED USING ANY FRAUDULENT OR DECEPTIVE METHOD, WAS SUBMITTED IN BAD FAITH OR WAS OTHERWISE SUBMITTED IN VIOLATION OF THE AGREEMENT.

 

(b)    Judging.  Kamp Kilmer™ shall employ independent judges (“Kamp Kilmer Judges”). The Kamp Kilmer Judges will review each Kamp Kilmer Video and determine whether the applicable user who submitted same qualifies to be Kamp Kilmer Presale List . The Kamp Kilmer Judges may reject any Kamp Kilmer Video at any time and for any reason, in their respective sole discretion. Without limiting the foregoing, the Kamp Kilmer Judges reserve the right to reject any Kamp Kilmer Video that they believe, in their respective sole and reasonable discretion, is fraudulent, does not depict the applicable user, is posted without the permission of the applicable copyright holder, does not comply with the Agreement or is otherwise objectionable, improper or invalid.  The judging criteria are to be applied in the sole discretion of the Kamp Kilmer Judges. By submitting a Kamp Kilmer Video, each user acknowledges that such judging evaluations may differ from one Kamp Kilmer Judge to another, and each user agrees to be bound by and not challenge the decisions of the Kamp Kilmer Judges, which shall be final and binding in all respects. 

 

(c)    Kamp Kilmer Video Rights Granted to Kamp Kilmer™.  Upon submitting your Kamp Kilmer Video, you agree to the grant of rights in and to same as set forth in Section 10(b) below.

(d)    Prohibited Kamp Kilmer Video Content.  In connection with the Kamp Kilmer Videos, and each user’s performance under the Agreement, each user agrees not to: (i) submit any Kamp Kilmer Video that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (ii) submit any Kamp Kilmer Video that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (iii) submit any Kamp Kilmer Video that displays any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third person; (iv) submit any Kamp Kilmer Video that contains images containing confidential information without prior authorization; (v) submit any Kamp Kilmer Video that includes, or that is made to resemble, any illegal behavior or behavior that may be deemed obscene in her/his/its community, as defined under applicable law; (vi) submit any Kamp Kilmer Video that expresses or implies that any statements made therein are endorsed by Kamp Kilmer™, without our specific prior written consent; (vii) submit any Kamp Kilmer Video that promotes any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (viii) submit any Kamp Kilmer Video that “stalks” or otherwise harasses any person; and/or (ix) submit any Kamp Kilmer Video that could be considered exploitative of children in any way, whatsoever.  Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of user’s Account and access to the Site and/or Kamp Kilmer™ Offerings without notice, in the sole discretion of Kamp Kilmer™.  Kamp Kilmer™ reserves the right to pursue any and all legal remedies against users that engage in the aforementioned prohibited conduct.  

 

You understand and agree that Kamp Kilmer™ is not responsible or liable in any manner whatsoever for your inability to submit Kamp Kilmer Videos and/or for Kamp Kilmer’s™ rejection of your request to be Kamp Kilmer Presale List .  Kamp Kilmer™ shall not be liable to any user or any third party for any claim in connection with any of the Kamp Kilmer Videos submitted by users.

 

10. Content.

(a)    General Terms.  Subject to the terms and conditions of the Agreement, users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other Kamp Kilmer™ Offerings.  The Content shall at all times remain subject to the disclaimers set forth in these Terms and Conditions, as well as elsewhere on the Site and in the Agreement.  The Content is compiled, distributed and displayed by Kamp Kilmer™, as well as third-party content providers, such as third-party entities/individuals (collectively, “Third-Party Providers”).  Kamp Kilmer™ does not control the Content provided by Third-Party Providers that is made available by and through the Kamp Kilmer™ Offerings.  Please be advised that Kamp Kilmer™ does not verify or fact-check statements made by Third-Party Providers in connection with the Content. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness, safety and/or usefulness of such Content.  The Content should not necessarily be relied upon.  Kamp Kilmer™ does not represent or warrant that the Content and other information posted by and/or through the Kamp Kilmer™ Offerings is accurate, complete, up-to-date or appropriate.  Users understand and agree that Kamp Kilmer™ will not be responsible for, and Kamp Kilmer™ undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers.  Users agree that Kamp Kilmer™ shall have no obligation and incur no liability to such users in connection with any Content.  Users may find certain Content to be outdated, harmful, inaccurate and/or deceptive.  Please use caution, common sense and safety when using the Content.

 

(b)    User Content; License Grant to Kamp Kilmer™.  From time-to-time, Kamp Kilmer™ may publish video, images, text, graphics and other content submitted by users (including the Kamp Kilmer Videos) (collectively, “User Content,” which shall be deemed a sub-set of Content) by and through the Kamp Kilmer™ Offerings.  Each user who makes User Content (including the Kamp Kilmer Videos) available to Kamp Kilmer™ for publication by and through the Kamp Kilmer™ Offerings hereby irrevocably grants to Kamp Kilmer™, for good and valuable consideration, the receipt of which is hereby acknowledged, the worldwide right and license to use, reuse and publish any and all User Content, in any and all forms of marketing and promotional material including, without limitation, print advertisements (“ads”), online ads, ads and other promotions appearing on Kamp Kilmer’s™ Social Media Pages and other Social Media Websites, email ads, television ads, radio ads, interactive media, as well as printed extracts and reproductions of any portion thereof (collectively, “Ads”), and for any and all other uses.  Each user who makes User Content available to Kamp Kilmer™ for publication by and through the Kamp Kilmer™ Offerings represents and warrants to Kamp Kilmer™ that: (i) such user has all of the rights and authority necessary to submit the User Content for the uses contemplated hereunder, including the right to publish the User Content; and (ii) the publication of the User Content by such user, as well as Kamp Kilmer™ as contemplated hereunder, will not infringe upon or violate the rights of any third-party.  Each user who makes User Content available to Kamp Kilmer™ for publication by and through the Kamp Kilmer™ Offerings understands and agrees that: (A) the User Content, in whole or in part, may be edited and/or dramatized, and that any part of the User Content may be used without compensation to such user; and (B) no Ad or other material incorporating or making reference to the User Content need be submitted to such user for approval and Kamp Kilmer™ shall be without liability to such user for any distortion or illusionary effect resulting from its publication of the User Content.  Each user who posts User Content expressly: (I) releases Kamp Kilmer™ from any and all claims that such user has or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, Ad or promotion utilizing or incorporating the subject User Content, or any other use of the subject User Content whatsoever; and (II) acknowledges and agrees that Kamp Kilmer™ shall not be liable for any causes of action or claims related to the applicable user’s decision to provide the User Content to Kamp Kilmer™.

 

(c) Non-Endorsement. The publication of any Content provided by Third-Party Providers (including User Content) by and through the Kamp Kilmer™ Offerings does not constitute an endorsement by Kamp Kilmer™ of the subject Third-Party Provider.

 

11. Social Media Pages.  The Site contains links to various Social Media Pages.  The Social Media Pages are hosted and made available by third party entities on the Social Media Websites.  Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, privacy policies and terms and conditions.  You understand and agree that Kamp Kilmer™ shall not be liable to you, any other user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

 

12.  Contests.  From time-to-time, Kamp Kilmer™ offers Contests by and through the Site Offerings.  By providing true and accurate information in connection with the applicable Contest registration form(s) and agreeing to the Official Rules applicable to each Contest, users can obtain, or attempt to obtain, a chance to win the prizes and other awards offered through each Contest.  Each user understands and agrees that Kamp Kilmer™ shall not be liable to such user or any third-party for any claim in connection with that user’s participation in any of the Contests.

13.  Compliance with Laws. You acknowledge that there are various rules, regulations and laws that address NFTs, cryptocurrencies and blockchain technology (collectively, “Emerging Technology Laws”), and that Emerging Technology Laws are established by each individual US state, or jurisdiction.  In addition to the Emerging Technology Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city and state in which you reside and from which you access the Kamp Kilmer™ Offerings including, without limitation, U.S. export laws (together with Emerging Technology Laws, “Applicable Law”).  You agree to comply, and are solely responsible for your compliance with, all Applicable Law. You acknowledge and agree that your purchase and/or sale of Kamp Kilmer™ NFTs and use of cryptocurrency in connection therewith is at your own risk, and you agree not to hold Kamp Kilmer™ responsible or liable if Applicable Law restricts or prohibits your access to, or ability to purchase and/or sell, Kamp Kilmer™ NFTs.

 

14. Cancellation of Account.  You may cancel your Account at any time if you are not completely satisfied.  To cancel your Account, simply e-mail us at: support@thebiz.com, or cease using the Kamp Kilmer™ Offerings.  In addition, Kamp Kilmer™ reserves the right to cancel the Account of any user for any reason or no reason, including where Kamp Kilmer™ believes that such user is in breach of the Agreement, in Kamp Kilmer’s™ sole and absolute discretion.  You understand and agree that cancellation of your Account is your sole right and remedy with respect to any dispute with Kamp Kilmer™.  Upon any termination and/or cancellation of your Account, your license grant, as set forth in Section 15 hereinbelow shall immediately terminate.  You shall not receive any refund for Fees previously paid up to the date of cancellation or termination. 

 

15.  License Grant.  As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Kamp Kilmer™ Offerings and all other material, products and/or services posted or made available by and through same (collectively, “Kamp Kilmer™ Material”) in accordance with the Agreement.  Kamp Kilmer™ may terminate this license at any time for any reason.  Unless otherwise expressly authorized by Kamp Kilmer™, you may only use the Kamp Kilmer™ Material for your own personal, non-commercial use.  No part of the Kamp Kilmer™ Material may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.  You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Kamp Kilmer™ Material and/or any portion thereof.  You may not create any “derivative works” by altering any aspect of the Kamp Kilmer™ Material.  You may not use Kamp Kilmer™ Material in conjunction with any other third-party content (e.g., to provide sound for a film).  You may not exploit any aspect of the Kamp Kilmer™ Material for any commercial purposes not expressly permitted by Kamp Kilmer™ (including the bundled sale of such Kamp Kilmer™ Material).  Systematic retrieval of the Kamp Kilmer™ Material by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Kamp Kilmer™ is strictly prohibited.  You further agree to indemnify and hold harmless Kamp Kilmer™ for your failure to comply with this Section 15.  Kamp Kilmer™ reserves any rights not explicitly granted in the Agreement.     

16.  Proprietary Rights.  All Kamp Kilmer™ Material is owned or licensed by or to Kamp Kilmer™ and/or Val Kilmer, as applicable, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights.  Except as expressly provided in the Agreement, no part of Kamp Kilmer™ Material may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Kamp Kilmer’s™ prior express written consent.  Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of Kamp Kilmer™ Material.  The posting of information or material on the Site by Kamp Kilmer™ does not constitute a waiver of any right in or to such information and/or materials.  Kamp Kilmer™ reserves all rights not expressly granted hereunder.  The “Kamp Kilmer,” “Kamp Kilmer” “Kamp Kilmer Presale List ” and “Kamp Kilmer Videos” names and logos are trademarks of TheBiz.com, LLC and/or Val Kilmer, as applicable.  All other trademarks are the property of their respective owners.  The use of any Kamp Kilmer™ trademark without Kamp Kilmer’s™ express written consent is strictly prohibited.

 

17.  Indemnification.  To the fullest extent permissible by applicable law, you agree to indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your unauthorized and/or improper use of the Kamp Kilmer™ Offerings; (b) your breach of the Agreement and/or violation of Applicable Law; (c) any dispute between you and any other users and/or other third parties; (d) any claim that Kamp Kilmer™ owes any taxes in connection with your use of the Kamp Kilmer™ Offerings; and/or (e) your violation of any rights of another individual and/or entity.  The provisions of this Section 17 are for the benefit of Kamp Kilmer™ and the other Covered Parties.  To the fullest extent permissible by applicable law, each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

 

18.  Disclaimer of Warranties.  THE Kamp Kilmer™ OFFERINGS, Kamp Kilmer™ NFTS, Kamp Kilmer™ MATERIAL, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE).  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Kamp Kilmer™ MAKES NO WARRANTY THAT THE Kamp Kilmer™ OFFERINGS, Kamp Kilmer™ NFTS, Kamp Kilmer™ MATERIAL, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME, AS WELL AS BLOCKCHAIN TECHNOLOGY: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC INVESTMENT INCOME, REVENUE OR OTHER FINANCIAL OUTCOME; (F) WILL RESULT IN YOUR ACCESS TO ANY OWNER PROMOTION AND/OR CONTEST, AND/OR ATTAINMENT OF Kamp Kilmer Presale List  STATUS; AND/OR (G) WILL BE ACCURATE OR RELIABLE.  THE Kamp Kilmer™ OFFERINGS, Kamp Kilmer™ MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  Kamp Kilmer™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Kamp Kilmer™, ANY USERS, THIRD-PARTY CONTENT PROVIDERS OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

 

Please be aware that the prices of NFTs are extremely volatile, and price fluctuations in ETH could impact the price of your Kamp Kilmer™ NFTs both positively and negatively.  Given this volatility, Kamp Kilmer™ NFTs should not be considered investments.  You assume all risks in connection therewith.  No information and/or Content made available by and through the Kamp Kilmer™ Offerings is or should be considered advice or an invitation to enter into an agreement for any investment purpose.  Further, no element of the Kamp Kilmer™ Offerings qualifies or is intended to be an offering of securities in any jurisdiction, nor does it constitute an offer or an invitation to purchase shares, securities or other financial products.  It remains your sole and exclusive responsibility to assure that the purchase and sale of Kamp Kilmer™ NFTs, and the use of cryptocurrencies, complies the with laws and regulations in your jurisdiction.

 

You assume all risks associated with using an Internet-based cryptocurrency including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet.  NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled.  New regulations could negatively impact such technologies impacting the value for your Kamp Kilmer™ NFTs.  You understand and accept all risk in that regard.  Without limiting the foregoing, you assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.

 

19.  Limitation of Liability.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER Kamp Kilmer™ NOR Val Kilmer SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Kamp Kilmer™ AND/OR Val Kilmer, AS APPLICABLE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE Kamp Kilmer™ OFFERINGS, Kamp Kilmer™ NFTS, Kamp Kilmer™ MATERIAL, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) ANY MATTER RELATED TO THE ETHEREUM PLATFORM OR CRYPTOCURRENCY, BLOCKCHAIN TECHNOLOGY AND/OR ANY USER’S WALLET; (E) THE FAILURE TO REALIZE ANY SPECIFIC INVESTMENT OUTCOME, REVENUE OR OTHER FINANCIAL OUTCOME; (F) YOUR FAILURE TO OBTAIN ACCESS TO ANY OWNER PROMOTION OR CONTEST, AND/OR OBTAIN Kamp Kilmer Presale List  STATUS; AND/OR (G) ANY OTHER MATTER RELATING TO THE Kamp Kilmer™ OFFERINGS, Kamp Kilmer™ NFTS, Kamp Kilmer™ MATERIAL, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE Kamp Kilmer™ AND Val Kilmer FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.  IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Kamp Kilmer™ AND/OR Val Kilmer TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).  THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Kamp Kilmer™. ACCESS TO THE Kamp Kilmer™ OFFERINGS, Kamp Kilmer™ NFTS, Kamp Kilmer™ MATERIAL, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND, IN SUCH JURISDICTIONS, THE LIABILITY OF Kamp Kilmer™ AND Val Kilmer SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

20. Legal Warning.  If you bypass or disable any portion of the Kamp Kilmer™ Offerings or associated software including, without limitation, the operation of Kamp Kilmer™ systems, or you attempt to circumvent or tamper with the Kamp Kilmer™ NFTs in any way, you are in violation of the Agreement and Kamp Kilmer™ may suspend or terminate your Account without notice.  Termination of your Account will not excuse you from any criminal or other civil liabilities that may result from your actions. 

 

21.  Third-Party Websites.   The Kamp Kilmer™ Offerings may provide links to other Internet websites and/or resources including, without limitation, Social Media Sites.  Because Kamp Kilmer™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Kamp Kilmer™ is not responsible for the availability or content of such third party websites and/or associated resources.  Furthermore, Kamp Kilmer™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from such third party websites or resources, or for any damages and/or losses arising therefrom or associated therewith.  

 

22.  User Information.  All User Content, comments, information, Registration Data and/or materials that you submit through or in association with the Kamp Kilmer™ Offerings shall be subject to the Kamp Kilmer™ Privacy Policy.  For a copy of the Kamp Kilmer™ Privacy Policy, please Click Here..

 

23.  Copyright Policy/DMCA Compliance.  Kamp Kilmer™ reserves the right to terminate the account of any user who infringes upon third-party copyrights.  If any user or other third-party believes that a copyrighted work has been copied and/or posted via the Kamp Kilmer™ Offerings in a way that constitutes copyright infringement, that party should provide Kamp Kilmer™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. 

 

 Contact information for Kamp Kilmer’s™ Copyright Agent for notice of claims of copyright infringement is as follows:  KampKilmer@Gmail.com


 

24.  Dispute Resolution Provisions.  The Agreement shall be treated as though it were executed and performed in Los Angeles,CA and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles).  The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Kamp Kilmer™ Offerings and/or the Agreement.  Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Kamp Kilmer™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in Los Angeles, CA, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found my emailing  KampKilmer@Gmail.com  The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”).  If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available by emailing KampKilmer@Gmail.com  For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions.  If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.  Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous. 

 

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties.  You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

 

25.  California User Consumer Rights.  In accordance with Cal. Civ. Code Sec. 1789.3, California State resident users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov

 

26.  Miscellaneous.  Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  The Agreement is personal between you and Kamp Kilmer™ and it governs your use of the Kamp Kilmer™ Offerings and Kamp Kilmer™ Material.  To the extent that anything in or associated with the Kamp Kilmer™ Offerings is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence; provided, however, that with respect to: (a) the Kamp Kilmer™ NFTs, to the extent that anything in these Terms and Conditions is inconsistent with the Owner Agreement, the Owner Agreement shall take precedence; (b) any Contests, to the extent that anything in these Terms and Conditions is inconsistent with the applicable Contest Rules, those Contest Rules shall take precedence; and/or (c) any Owner Promotions, to the extent that anything in these Terms and Conditions is inconsistent with the applicable Owner Promotion Rules, those Owner Promotion Rules shall take precedence.  Kamp Kilmer’s™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

27.  Contact Us.  If you have any questions about the Agreement or the practices of Kamp Kilmer™, please feel free to email us at:  KampKilmer@Gmail.com

 

Last Updated: April 1, 2022

 

NFTs are intended as collectible items for individual enjoyment only. They are not meant as investment vehicles. We make absolutely no promise or guarantee that the NFTs will increase in value, or maintain the same value as their purchase price. No element of the NFTs qualifies or is intended to be an offering of securities in any jurisdiction, nor does it constitute an offer or an invitation to purchase shares, securities, or other financial products.  NFTs, cryptocurrencies, and blockchain technology are relatively new technologies and the regulatory landscape is unsettled.  New regulations applicable to these technologies could negatively impact the value of your NFTs.

 

All costs and expenses associated with the Live Events made available to NFT owners including, but not limited to, all federal, state, and local taxes, air and ground transportation, gratuities, airline luggage charges, incidentals, upgrades, insurance, service charges, and other misc. travel expenses are the sole and exclusive responsibility of those that attend the Live Events.