TERMS OF USE

Effective Date: 01/01/2025

Welcome to Continent 5 Media Group, Inc. ("C5M"). These General Terms of Use (the “Terms”) govern your access to and use of all platforms, services, and programs operated by C5M, including but not limited to Decade 2 Publishing (d2p), KleverBook®, Titan Mobile Gaming, Gallery Aurora, eMoney Network, GreenGenie, and any related services or applications (collectively referred to as the "Services"). By accessing or using any of the Services, you ("User") agree to be bound by these Terms. If you do not agree, you must discontinue use immediately. By accessing any Services, you acknowledge that you have read, understood, and explicitly accept these Terms. Continued use after updates constitutes acceptance, and you are encouraged to review the Terms periodically.

1. Services
• These Terms apply to all Users of C5M’s Services, regardless of the specific platform or program being used.
• Additional terms may apply to specific platforms or programs. Where applicable, those additional terms are incorporated by reference and will be presented to you when accessing the platform or program.
• By accessing any Services, you acknowledge that you have read, understood, and agree to these Terms. Users must be at least 13 to access C5M’s Services. Users under 18 must have parental or guardian consent. C5M is committed to providing accessible services and will make reasonable accommodations in compliance with ADA requirements.
2. Users
• Users must be at least 13 to access C5M’s Services. Users under 18 must have parental or guardian consent.
• Certain Services may have additional eligibility requirements outlined in their specific terms.
3. User Accounts
• Users may be required to create an account to access certain features. Users agree to provide accurate, current, and complete information during registration.
• Users are responsible for maintaining the confidentiality of their account credentials.
• C5M reserves the right to suspend or terminate accounts for violating these Terms or specific platform policies.
4. Acceptable Use
• Users agree not to:
• Engage in unlawful, fraudulent, or harmful activities on any C5M platform.
• Interfere with the operation of the Services or access them using automated means (e.g., bots or scrapers).
• Post or transmit content that infringes on intellectual property rights, contains malicious code, or violates applicable laws.
• Additional rules for acceptable use may apply to specific platforms and are outlined in their respective terms.
5. Contest and Competition Rules

From time to time, we offer our users the opportunity to participate in contests and competitions. Each contest and competition is subject to a separate set of rules, which include a description of who is permitted to participate. You must read the applicable rules before entering or participating

6. Assumption of Risk and Waiver of Claims

As a condition for our permission to access, purchase, and/or use the products and services that are available through C5M, you acknowledge and agree that you assume any and all risks that may arise in any way from your decision to use the products and services that are available through the Website. You waive and release any and all claims that you may be entitled to assert against us and/or our shareholders, directors, officers, managers, employees, contractors, vendors, partners, successors, and assigns relating to your use of these products or services, any other aspect of C5M’s websites and platform, and/or the other products and services of C5M.

7. Limited License; Permitted Uses

C5M’s websites and programs may be used by, and our services are available to, individuals who can form legally binding contracts under applicable law. If you are under the legal age, you must obtain and provide us with the verifiable legal consent of a parent or legal guardian. You must

1. provide all equipment necessary for your Internet connection, including computer and/or tablet and/or mobile device and modem
2. provide for your access to the Internet.

Subject to the terms and conditions set forth herein, you are hereby granted a limited, non-exclusive, non-transferable, restricted, and revocable right and license to

1. access and use the Website strictly in accordance with this Agreement;
2. use the Website solely for internal, personal, non-commercial purposes; and
3. print out discrete information from the Website solely for internal, personal, non-commercial purposes and provided that you comply with terms and conditions of this Agreement, including the restrictions on the use of our intellectual property and/or the intellectual property of third parties. No other right, title, or interest is granted in or to the Website and/or its contents. You shall not modify the Website nor adapt, translate, reverse engineer, decompile, disassemble, and/or otherwise attempt to discover the source code of the Website’s software, nor take any other steps to learn the confidential information and/or trade secrets contained on the Website.
8. Intellectual Property

All content included or available through the Website, including the Website design, code, organization, text, graphics, design, interfaces, and the selection, sequencing, and arrangements thereof (“Content”), and all trademarks, copyrights, patents, database rights and other intellectual property rights relating to C5M’s websites and the products and services of Continent 5 Media are owned solely and exclusively by C5M or by a third party that has licensed the Content to us. Any use of materials on or from the Website, including the copying, reproduction, modification, adaptation, distribution, use, publication, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without the prior written express permission of an authorized officer of C5M, is strictly prohibited, except as expressly outlined in Section 4 (Limited License; Permitted Uses) above. You shall not acquire ownership rights to any content, document, or other materials viewed through the Website. Our posting of information or materials on the Website does not constitute a waiver of any right to such information and materials. Some of the content on the site is the copyrighted work of third parties. CONTINENT 5 MEDIA (‘C5M’) and its logo, ‘KleverBook’ and its logo, and ‘eksplode!’ and its logo are among our trademarks. Other product and company names mentioned on C5M’s websites and programs may be trademarks of their respective owners and are used with their permission or pursuant to Fair Use. Each C5M website, platform, and/or program may host/broker transactions between buyers and sellers, i.e., an online marketplace. If a buyer seeks a refund for a product or service found to be defective or undelivered, they must contact the seller directly. C5M will not issue refunds under any circumstances but may offer mediation or support channels to facilitate disputes.

9. Restrictions and Prohibitions on Use

Your license for access and use of C5M’s website and any content made available on and/or through our website is subject to the following restrictions and prohibitions on use:

1. is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence or contains hate speech;
2. discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information that could be used to identify an individual; and/or
3. is intended to “stalk,” threaten, abuse or otherwise harass another person. We reserve the right to remove all such content and deny access to any user who posts such content.
10. Your Material

You hereby grant to C5M and our successors a worldwide, irrevocable, transferrable, sub-licensable, fully paid, royalty-free, and non-exclusive license to publish, use, reproduce, transmit, display, distribute and delete any data, text, files, information, image, graphics, photos, profiles, audio, and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (“Material”) that you post on our Website, except for commercial purposes. You further acknowledge and agree that you, and you alone, are responsible for developing and posting your Material. You cannot choose who can view your Material because all comments to the Website blog are publicly available.
You represent and warrant that:

1. you own the Material posted by you on our Website or otherwise have the right to grant the rights and licenses set forth above in this Section 8;
2. the posting and use of your Material on or through our Website does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
3. you agree to pay for all royalties, fees, and any other monies owed because of Material you post on or through our Website; and
4. you have the legal right and capacity to enter into this Agreement.
11. Documents

Continent 5 Media may make available through its website various documents (“Documents”). All Documents are provided on a non-exclusive license basis only for your one-time personal use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign, or transfer such license. Documents are provided “as is” without any representations or warranties, express or implied, of legal effect, completeness, or accuracy. Copyright in the Documents is reserved for us or our licensors.

12. Your Representations and Warranties

You represent and warrant to C5M that:

1. you are of legal agent and have the full power and authority to enter into and perform your obligations under this Agreement;
2. your assent to and performance of your obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules;
3. all information provided by you is accurate, current and will be updated by you to remain current;
4. this Agreement constitutes legal, valid and binding obligations on you that is enforceable in accordance with its terms and conditions;
5. you will not infringe the patent, copyright, trademark, trade secret, privacy, right of publicity or other intellectual property or proprietary right of any third party in your use of the Website;
6. you will comply with all applicable laws, rules and regulations in your use of the Website, as well as the agreed upon terms and conditions of this Agreement; and
7. you understand and acknowledge that C5M may terminate your use of the Website and this Agreement as it pertains to you at any time in its sole discretion.
13. Linking to the Website

You may provide links to the Website in a manner that does not state or suggest an affiliation with us, provided

1. that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Website,
2. your website does not engage in illegal or inappropriate activities, and
3. you discontinue providing links to our Website immediately upon request by us.
14. Errors, Corrections and Changes

We do not represent or warrant that our Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable. We may change the website's features, functionality, or content anytime. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Website.

15. Third-Party Content

Third-party content may appear on the Website or may be accessible via links from the Website. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of third-party content on the Website. You understand that the information and opinions in the third-party content represent the author’s thoughts solely and are neither endorsed by nor does it necessarily reflect C5M’s beliefs.

16. Unlawful and Wrongful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing to the extent permitted by applicable law any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

17. Indemnification

You agree to indemnify, defend, and hold C5M and our shareholders, directors, officers, managers, employees, contractors, vendors, partners, successors, and assigns (collectively, “Affiliated Parties”) harmless from any liability, loss, claim demand, and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Website, including any infringement by you of any intellectual property or any other right of any person or entity, and/or any waived and/or released claims, and/or any risk that you have assumed under this Agreement. This Agreement will be binding upon and inure to the benefit of any of our licensees, successors, or assigns.

18. Nontransferable.

Your right to use C5M’s websites and programs is not transferable nor assignable. Any password or right you give to obtain information or documents is neither transferable nor assignable.

19. Disclaimer

THE INFORMATION, CONTENT, AND DOCUMENTS AVAILABLE FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CONTINENT 5 MEDIA GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE WEBSITE OR THE USE THEREOF

1. WILL BE FREE FROM DEFECTS, BUGS, INACCURACIES, ERRORS, OR OTHER LIMITATIONS;
2. WILL BE UNINTERRUPTED OR SECURE;
3. WILL MEET YOUR REQUIREMENTS, OR
4. WILL OPERATE IN THE CONFIGURATION WITH THE OTHER SOFTWARE YOU USE. CONTINENT 5 MEDIA AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, CONTENT, OR DOCUMENTS EXCEPT AS OTHERWISE PROVIDED IN THE PRIVACY POLICY. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS WEBSITE AND THE INFORMATION, CONTENT, AND DOCUMENTS PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
20. Limitation of Liability

In addition to the Assumption of Risk and the Waiver and Release set forth above, C5M and any affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from

1. any errors in or omissions from the Website or any products obtainable therefrom;
2. the unavailability or interruption of the Website or any features thereof;
3. your use of the Website;
4. Content contained on the Website; or
5. any delay or failure in performance beyond the control of an affiliated party.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF C5M AND AFFILIATED PARTIES ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, ANY RELATED INFORMATION, CONTENT, AND/OR DOCUMENTS EXCEED ONE HUNDRED AND 00/100 DOLLARS ($100.00), AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

21. Use of Information

We do not use cookies or other tracking technologies to collect information about your website use. Any information you provide to us directly will be collected, used, and disclosed in accordance with our Privacy Policy, which may give you the right to opt-in, opt-out, and otherwise control the use of your personal data under applicable law. Please review C5M’s Privacy Policy for disclosures about your privacy rights. All remarks, suggestions, ideas, graphics, or other information you communicate to us will forever be our property to the extent permitted under this Agreement and applicable law.

22. Modifications and Interruption to Website

Continent 5 Media reserves the right to stop providing the Website with or without notice to you. We shall not be liable to you or any third party should we exercise our right to stop providing the Website. You acknowledge and accept that

1. C5M does not guarantee continuous, uninterrupted, or secure access or use of the Website, and
2. operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of C5M’s control.
23. Third-Party Services

Continent 5 Media may allow access to or advertise certain third-party products or service providers (“Merchants”) from which you may purchase certain products or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all order processing, fulfillment, billing, and customer service aspects. We are not a party to the transactions between you and the Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.

24. Links to Other Websites

C5M’s websites may contain links to other websites owned and operated by online merchants and other third parties and may rely on third-party information to provide services through the Website. You acknowledge that

1. we are not responsible for the availability of, or the content located on or through, any third-party site, nor the accuracy of the information provided by any third party, and
2. we do not investigate, monitor, or check for accuracy or completeness such websites. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us.

If you decide to leave any of our websites and access these third-party websites, you do so at your own risk. You should contact the site administrator or web admin for those third-party sites or the administrator of any such third party if you have any concerns regarding such links or the content on such sites. Your use of those third-party sites is subject to the terms and conditions of use and privacy policies of each site, and C5M is not responsible therein. You are strongly encouraged to review said terms and conditions of use and third-party sites’ privacy policies.

25. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and the Content provided therein.

26. DMCA Take-Down Notices.

Continent 5 Media will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must comply with all DMCA terms and conditions. Users who believe a takedown request was made in error may file a counter-notification in accordance with DMCA procedures.
Continent 5 Media will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must comply with all DMCA terms and conditions. They must be submitted according to the procedures outlined in the DMCA to the following Designated Agent for C5M:
Name of Agent Designated to Receive Notification of Claimed Infringement on behalf of Continent 5 Media:
Jonathan Kirsch, Esq
Full Address of Designated Agent to Which Notification to Continent 5 Media Should Be Sent:
Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067
Telephone Number of Designated Agent:(310) 785-1200 Facsimile Number of Designated Agent:(310) 286-9573 Email Address of Designated Agent: jk@jonathankirsch.com s

27. Miscellaneous

Governing Law and Jurisdiction. This Agreement shall be treated as though it were executed and performed in Las Vegas, Nevada, and shall be governed by and construed in accordance with the laws of the State of Nevada without giving effect to conflicts of law principles. You agree that the venue for any action at law or in equity arising out of or relating to this Agreement shall be exclusively limited to the state or federal courts in Clark County, State of Nevada. You hereby consent and submit to the exercise of personal jurisdiction over you by such courts to litigate any such action and waive any defenses of lack of minimum contacts or forum non-convenient.
One-Year Limitation. Any cause of action by you concerning the Website (and/or any information, Content, Documents, products, or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred, to the extent permitted by law. All actions shall be subject to the limitations and restrictions outlined in this Agreement.
Partial Invalidity.If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by C5M, in its sole discretion, to a third party in the event of a merger, acquisition, or sale of all or substantially all of the assets of C5M. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between you and C5M.
To the extent that anything on or associated with C5M’s websites or programs conflicts or is inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

28. Additional Terms for Specific Platforms
1. Users accessing specific C5M platforms (e.g., d2p, KleverBook®, eMoney Network, Titan Mobile Gaming, Gallery Aurora, GreenGenie) agree to any additional terms presented for those platforms.
2. In case of a conflict between these General Terms and platform-specific terms, the platform-specific terms will prevail.