1. OVERVIEW.

a. PCHGames.com is an online games site powered by Arkadium, Inc., in conjunction with Publishers Clearing House LLC (collectively “We,” “Us,” or “Our”). PCHGames.com is an Internet entertainment content provider devoted to providing opportunities for playing online games. The term "Site" referred to in these Terms and Conditions of Use shall refer www.pchgames.com, the website powered by Arkadium, Inc. and any and all proprietary software and other materials developed by PCHGames.com which must be downloaded and used by the player to play online games.

b. Binding Agreement. We have created this Site for Your personal use, enjoyment, and entertainment. By using the Site, you (“You” or “Your”) agree that You have reviewed, have accepted and have agreed to be bound by these Terms and Conditions of Use before interacting with or providing information to the Site. These Terms and Conditions of Use contain the entire agreement between You and Us relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms and Conditions of Use are a binding legal document that defines Your rights and obligations related to Your use of this Site. You are only authorized to access this Site or to use the materials contained in the Site (regardless of whether Your access or use is intended) if You agree to abide by all these Terms and Conditions of Use and all applicable laws related to Your use of the Site. We reserve the right to modify or amend this Agreement, and all rules, regulations and payoffs, with or without notice at any time. It is at all times Your responsibility to read the most current form of these Terms and Conditions of Use before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to these Terms and Conditions of Use are reasonable.

c. Secured Access. You may only use the Site if You meet the eligibility requirements for registration and use, personally register as a player on the Site and personally acquire and use an email address and password to log into the Site. You are solely responsible for maintaining the strict confidentiality of Your log in information and any codes we assign to You and for any charges, damages, or losses that may be incurred or suffered as a result of Your failure to do so. We are not liable for any harm related to the theft of Your log in information, Your disclosure of Your log in information to any other person or entity, or Your authorization to allow another person or entity to access and use the Site using Your log in information. You agree to immediately notify Us of any unauthorized use of Your account or of any other need to deactivate an account due to security concerns. You may not (i) select or use a screen name or e-mail address of another person with the intention of impersonating that person; (ii) use a screen name or e-mail address of anyone else without authorization; (iii) use a screen name in violation of the intellectual property rights of any person; or (iv) use a screen name that We consider to be offensive.

2. PROPRIETARY RIGHTS.

a. By registering for an account and/or participating in any activity offered on the Site, You acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets or other proprietary rights, and that all such rights are owned or licensed by Us. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from or in any other way exploit this information, except that You may download one copy for Your personal, non-commercial home use only, provided You keep intact all copyright and other proprietary notices. You acknowledge that You do not and will not acquire any ownership rights by downloading copyrighted material. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. We are not liable for any delays, inaccuracies, errors or omissions in or from such information, or in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT ON THE SITE MAY CONSTITUTE COPYRIGHT INFRINGEMENT AND SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES.

b. Infringement Damages. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm, resulting from any uploading, posting or submission. You hereby grant to Us and Our respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted on the Site and/or any e-mail sent by You to Us (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.

c. Monitoring. We shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms and Conditions of Use and any other operating rules that may be established by Us from time to time. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, We shall have the right, but not the obligation, to remove any material that We, in our sole discretion, find to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding these rights, You will remain solely responsible for the content of Your messages and other submitted information. You acknowledge and agree that neither We nor any of Our officers, directors, affiliates, third party content providers or licensors shall assume or have any liability for any action or inaction by Us with respect to any conduct within the Site or any communication or posting on the Site.

d. Third Party Benefit. The foregoing provisions of this Section are for the benefit of Us, our affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on their own behalf.

3. RECOMMENDED SYSTEM CONFIGURATION.

The games offered on the Site will function best if Your computer system meets requirements set forth in the Technical Support section of the FAQ.

4. ADVERTISEMENTS AND LINKS.

The Site may contain announcements placed by or on behalf of third parties and may contain links to other web sites, resources and advertisers. These third party web sites are not under Our control and We are not responsible for the availability of these external sites nor do We endorse or are We responsible for the contents, advertising, products or other materials made available on or through such external site. Under no circumstances shall We be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster. UNLESS EXPRESSLY STATED BY US, WE DO NOT RECOMMEND OR ENDORSE PARTICULAR PRODUCTS, SERVICES OR WEB SITE OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH PRODUCT, SERVICE, OR WEB SITE MAY BE EITHER NECESSARY OR APPROPRIATE FOR YOU.

5. TERMINATION.

Your right to access and use the Site immediately terminates without further notice upon Your breach of these Terms and Conditions of Use. We may terminate Your right to access and use the Site at any time, with or without cause. We reserve the right to discontinue or make changes to the Site at any time.

6. FIVE-WORD REVIEW AND FRIEND SYSTEM.

a. General. We shall have the right at any time to change or discontinue any aspect or feature of the Site including, but not limited to, the 5 Word Review and Friend System, content, hours of availability and equipment needed for access or use, with or without notice to You. Any use by You of the Site after any such change shall conclusively be deemed to be acceptance by You of such changes, modifications, additions or deletions. You agree to review these Terms and Conditions of Use periodically to be aware of such revisions.

b. Use of the Site. The Site shall be used for lawful purposes only. No material shall be posted on or transmitted through the Site which violates or infringes in any way upon the rights of others, which is unlawful, threatening, intolerant, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, lewd, pornographic, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, would give rise to civil liability or otherwise violates any law or rule established by Us or which uses **asterisks** or any other attempt to disguise such words or attacks (flaming). You must use Your own screen name and may not impersonate any other player or person or use or attempt to use their name, screen name or photo.

No conduct shall be undertaken by You that, in Our judgment, restricts or inhibits any other user from using or enjoying the Site. Advertising or commercial solicitation may be posted on or transmitted through the Site but only with Our express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by Us.

The Site is intended for use relating to the PCHGames.com games and PCHGames.com. Please do not share any of Your personal information (Your name, phone number, home address, password) with others on the Site. No Player may attack (flame) any individual, company or product.

All information disclosed or submitted to the Site or others in the 5 Word Review or Friend System, or any other area of the Site, shall thereupon become Our property. We are not responsible for any information any player chooses to disclose to others. You may not use any different or advanced formats, fonts, languages or other programming codes or commands in any submission to the Site or in any messages. We reserve the right to terminate the accounts of users who violate these standards, or who in any way abuse the community purpose of the 5 Word Review or Friend System.

c. Report Abusive Activity; Certain Restrictions. If You find someone violating these rules of usage, please let Us know by going to the Help Area. If someone is bothering You, We can block or delete these activities - but only if You report this behavior! You may not use the Site to give any of Your personal information, such as phone number, email address or password, to others.

7. SPAM EMAIL AND POSTINGS.

a. Spam. "Spam" is defined on this Site as (i) electronic-mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient; (ii) such messages posted on the Site that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups or posted in excessive volume; and (iii) solicitations posted in 5 Word Review, through the Friend System or to groups or individuals through any other means or techniques.

b. Irreparable Harm. You agree that We would be irreparably harmed by the use, by You or others, of the Site in connection with the transmission of newsgroup postings, unsolicited email or other forms of Spam in violation of these Terms and Conditions of Use, and that We are entitled to seek injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). We reserve the right to block, filter or delete unsolicited email or other forms of Spam. Users who are reported and whose claims of "Spam" are validated by Us will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of Us, with or without prior notice. Termination results in the immediate closure of the offending account and a prohibition against any future use of the Site.

8. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We reserve the right to remove material on the Site which allegedly infringes another person’s copyright. If You are a copyright owner or an agent thereof and believe that any content on this Site infringes upon Your copyright, You may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Us to locate the material;

• Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an electronic mail address;

• A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

• A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notification of claimed infringement is: Alex Romeo. Postal Address: 382 Channel Drive, Port Washington, New York, 11050. Email: copyright@pch.com. Phone: (516) 883-5432. Facsimile: (516) 883-5769.

9. PRIVACY POLICY.

By registering for an account with PCHGames.com, You agree that the Site may display in its games Your screen name, avatar, game records, rankings and personal profile (as created by You) in accordance with the terms of the PCHGames.com Privacy Policy. You agree that Your acceptance of any prize from the Site shall, unless prohibited by law, also constitute a grant to Us of the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered and at any time, Your name, avatar, picture, voice, likeness and/or biographical information for promotional purposes without additional compensation and without additional consent. In particular, We reserve the right to publish Your screen name, Your avatar and the prize won, in the event that You are a winner of a prize or award. For full details regarding our policies on personal information please visit the PCHGames Privacy Policy.

10. GENERAL DISCLAIMERS.

THE SITE IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to You. You may have other rights from jurisdiction to jurisdiction.

11. EXCLUSIONS OF DAMAGES.

UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES OR ANY OTHER FAILURE TO PERFORM BY US, THE SITE OR PCHGAMES.COM OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to You. You may have other rights from jurisdiction to jurisdiction.

12. LIMITATION OF LIABILITY.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSOR OF THE AMOUNT THAT YOU DEPOSITED WITH US FOR THE MONTH PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR THE AMOUNT REMAINING IN YOUR ACCOUNT ON THE DAY OF SUCH ACT OR OMISSION. YOU AND THE SITE AND PCHGAMES.COM AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THE SITE, AND SHALL BE APPLIED NOTWITHSTANDING ANY CLAIM OF FAILURE OF ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE TO YOU.

13. INDEMNITY.

You agree to defend, indemnify and hold Us, Our employees, officers, directors, licensees, affiliates, subsidiaries, advertising or promotion agencies and other agents completely harmless and fully indemnify Us and them from any and all losses, expenses, costs, liabilities and all damages whatsoever (including any reasonable attorneys' fees, expert fees and other reasonable costs of litigation) that may arise out of: (a) a breach or alleged breach of these Terms and Conditions of Use by You; (b) Your unauthorized or unlawful use of the Site; (c) unauthorized or unlawful use of the Site by any other person using Your password or other information disclosed to them by You; (d) any unacceptable or objectionable use of the Site by You; (f) Your entry or participation in any of the game(s); (g) the acceptance of any winnings or prizes distributed by the Site or in connection with any activities connected with the Site; (h) as otherwise provided in these Terms and Conditions of Use.

14. NO WAIVER.

The failure of Us to exercise or enforce any right or provision of these Terms and Conditions of Use does not constitute a waiver of such right or provision. The headings and sequential order of the sections contained in these Terms and Conditions of Use are for convenience only and have no legal or contractual effect.

15. SEVERANCE.

If any provision of these Terms and Conditions of Use is held to be invalid, such invalidity will not affect the remaining provisions.

16. GOVERNING LAW.

These Terms and Conditions of Use will be governed and construed in accordance with the substantive laws of the State of New York, without respect to any principles of conflicts of laws. You expressly agree that exclusive venue for the resolution of any dispute with Us, or in any way relating to Your access or use of the Site, shall lie in the courts of the State of New York and you hereby submit to, and expressly consent to the exercise of, the personal jurisdiction of the courts of the State of New York in connection with any such dispute including any claim involving Us or Our agents, employees, contractors, officers, directors, telecommunication providers and content providers. We make no claims that the Site is appropriate for access or use outside the U.S. Your access and/or use of the Site outside the U.S. is at Your own risk, and You are responsible for compliance with the laws of Your jurisdiction.