PBMCube (PBM³) Terms of Service
Acceptance of Terms of Service
The PBMCube Web site ("PBM³")
is currently provided free of charge to guests and on a subscription bases to those who desire an enhanced gaming setting.
These Terms of Service will govern your use of PBM³.
BY USING ANY OF THE TOOLS AVAILABLE ON THE SITE, YOU ARE INDICATING
YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE
MODIFIED FROM TIME TO TIME. These Terms of Service govern your use of PBM³
and all services provided in connection with PBM³. PBM³ shall
not be liable to you for any breach of these Terms of Service. If you do
not agree to these Terms of Service, please do not subscribe to or enter
PBM³. If these Terms of Service change, a note will be posted on the
PBM³ home page requesting that you review this document again.
If you do not agree to the changes in the Terms of Service as they may occur, please
arrange to terminate your registration with PBM³ immediately (i) by
notifying PBM³ of your unwillingness to accept the changes to the
Terms of Service; and (ii) by discontinuing your use of PBM³. Your
continued use of PBM³ will signify your acceptance of any change in the
terms and conditions set forth herein.
From time to time PBM³
may supplement these Terms of Service with additional terms pertaining to
specific content or events ("Additional Terms"), which Additional Terms
may be placed on PBM³ to be viewed in connection with the specific content
or events and shall be identified as such. You understand and agree that
such Additional Terms are hereby incorporated by reference into these
Terms of Service.
PBM³ employs a third-party subscription management system
provided by PayPal (www.paypal.com). You will be required to
provide your name, e-mail address, and credit card information to PayPal in order
to subscribe to PBM³ services.
Any information provided by you or gathered
by PBM³ or third parties during any visit to PBM³ shall be subject to
the right to offer you third party services and products.
reserves the right to terminate your PBM³
subscription if PBM³
learns that you have provided false or misleading
reserves the right, at its sole discretion, to immediately, without
notice, suspend or terminate (i) these Terms of Service; and/or (ii) your
subscription(s) with or ability to access PBM³ and/or any other service
provided to you by PBM³ upon any breach
by you of the Terms of Service.
4. Modifications of these Terms
PBM³ may modify these Terms of Service from
time to time in its sole discretion. Each time you log on to PBM³, you will
be deemed to have accepted any such changes. In the event we modify these
Terms of Service, we will also post a note on the PBM³ home
page stating that the Terms of Service has changed.
5. Modifications to
PBM³ may modify or discontinue PBMCube.com with or without
notice to you and without liability to you or any third party.
6. Content of Messages
You alone are responsible
for the content of your messages, and the consequences of any such
messages. PBM³ reserves the right to terminate your service if it
becomes aware and determines, in its sole discretion, that you are
violating any of the following guidelines.
Any use by you of any
other subscriber's information, personal or otherwise, for any commercial
purpose or to obtain direct financial gain (e.g. mass marketing) is
prohibited. Any such use shall be deemed to be a violation of these Terms
of Service. PBM³ is to be used by you for your personal use only.
Commercial uses of PBM³ are strictly prohibited unless prior written
consent from PBM³ has been granted.
You further agree not to
use PBM³ to send or post on message boards or any place on PBM³, any message
or material that is unlawful, harassing, libelous, defamatory, abusive,
threatening, harmful, vulgar, obscene, profane, sexually oriented (unless
within the scope of the topic area of a message board as determined by
PBM³ in its sole discretion), racially offensive, inaccurate, or
otherwise objectionable material of any kind or nature or that encourages
conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national or
international law or regulation, or encourage the use of controlled
substances. For purposes of the immediately preceding sentence, "masked"
vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent
to including the actual objectionable word, phrase or symbol in your post,
message or otherwise on PBM³. PBM³ reserves the right to delete any
such material from the site. PBM³ will cooperate fully with any law
enforcement officials and/or agencies in the investigation of any person
or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether
actual or fictitious, including impersonating an employee or consultant of
PBM³ You further agree not to use an inappropriate member name of any
You agree not to post or use PBM³ to distribute or send any
illegal material of any kind, including but not limited to, illegal
material in the form of text, graphics, video, programs or audio. Posting
content or participating in any form of discussion with the intention to
commit any illegal activity is strictly prohibited.
acknowledge that (i) PBM³ permits access to content that is protected
by copyrights, trademarks and other intellectual and proprietary rights
("Rights"); (ii) these Rights are valid and protected in all media and
technologies existing now or later developed; and (iii) except as
explicitly provided otherwise, the Terms of Service and applicable
copyright, trademark and other laws govern your use of such content. You
may not post to PBM³, copy, reproduce, retransmit, distribute, publish,
commercially exploit or otherwise transfer any material subject to any
Rights. The burden of determining that any information, software, images
or any other content on PBM³ is not protected by Rights rests with you. You
acknowledge that PBM³ may acquire Rights to use any posted materials
as described below, and that you will not acquire any of those Rights by
downloading such materials.
By submitting content, which shall
include your member name, to any "public area" of PBM³, including message
boards, you grant
PBM³ a royalty-free, perpetual, irrevocable,
non-exclusive right (including any moral rights) and license to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, communicate to the public, perform and display the
content (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed, for
the full term of any Rights that may exist in such content. You also
warrant that the holder of any Rights, including moral rights in such
content, has completely and effectively waived all such rights and validly
and irrevocably granted to you the right to grant the license stated
above. You also permit any subscriber to access, display, view, store and
reproduce such content for personal use. Subject to the foregoing, the
owner of such content placed on PBM³ retains any and all Rights that may
exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY
NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS OR ANY
OTHER AREA ON PBM³, YOU HEREBY EXPRESSLY PERMIT PBM³ TO IDENTIFY YOU AS
THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR
TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT,
UNLESS YOU OTHERWISE NOTIFY PBM³ IN WRITING AT THE
TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
7. Third Party Services
You may order services or
merchandise whether physical or digital in nature through PBM³ from other persons not affiliated with PBM³
("Seller"). All matters concerning the merchandise and services desired
from Seller, including but not limited to purchase terms, payment terms,
warranties, guarantees, maintenance and delivery, are solely between you
and Seller. PBM³ makes no warranties or representations whatsoever
with regard to any goods or services provided by Sellers. You will not
consider PBM³ nor will PBM³ be construed as a party to such
transactions, whether or not PBM³ may have received some form of
revenue or other remuneration in connection with the transaction or be
liable for any costs or damages arising out of, either directly or
indirectly, you or any other person involved or related to the
8. Subscription Username and Password
are responsible for maintaining the confidentiality of your information
and password. You shall be responsible for all uses of your registration,
whether or not authorized by you. You agree to immediately notify PBM³
of any unauthorized use of your subscription or password.
Notification of Any Possible Copyright Infringement
event you believe that material or content published on the PBM³
site may infringe on another's or your copyright, please send
a detailed e-mail message to admin@PBMCUBE.com.
10. Disclaimer of Warranties
EXPRESSLY AGREE THAT USE OF PBM³ IS AT YOUR SOLE RISK. PBM³ IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. PBM³ EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
PBM³ MAKES NO WARRANTY THAT PBM³ SERVICES WILL MEET
YOUR REQUIREMENTS, OR THAT PBM³ WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES PBM³ MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE TOOLS ON PBM³. PBM³ WILL NOT BE LIABLE FOR ANY
DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT,
WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF PBM³.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF PBM³ IS AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT PBM³ DOES
NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR
PROVIDED IN CONNECTION WITH THE SITE. PBM³ IS NOT RESPONSIBLE FOR ANY
ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH
PBM³ SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY
THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN PBM³. YOUR
PARTICIPATION IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PBM³ , ITS
EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
PBM³ MAKES NO WARRANTY REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH PBM³ OR ANY TRANSACTIONS
ENTERED INTO THROUGH PBM³.
PBM³ IS NOT RESPONSIBLE FOR THE
CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE
PBM³' SITE. As a convenience to our members, we may provide links to
resources which are beyond our control. We make no representations as to
the quality, suitability, functionality or legality of any sites to which
we may provide links, and you hereby waive any claim you might have
against PBM³ with respect to such sites.
11. Limitation of
PBM³ SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE
USE OR THE INABILITY TO USE PBM³ OR FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH PBM³ OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF PBM³ HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold each of
PBM³ , their affiliates, officers, directors and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use
of PBM³, the violation of these Terms of Service by you, or the
infringement by you, or any other subscriber of your account, of any
intellectual property or other right of any person or entity.
13. Applicable Law
These Terms of Service shall be
governed by and construed in accordance with the laws of the State of California,
without giving effect to its conflicts of laws provisions. By
registering for or entering PBM³, you consent and submit to the exclusive
jurisdiction and venue of the state and federal courts located in
14. Remedies for Breach of these Terms by You
In the event that PBM³ determines, in its sole discretion,
that you have breached any portion of these Terms of Service, or have
otherwise demonstrated conduct inappropriate for the community of PBM³,
PBM³ reserves the right to (i) warn you via e-mail that you have
violated these Terms of Service; (ii) delete any content provided by you
or your agent(s) to PBM³; (iii) delete all content provided by you to PBM³;
(iv) discontinue your subscriptions(s) with PBM³; (v) notify and/or send
content to and/or fully cooperate with
the proper law enforcement authorities for further action; and/or (vi) any
other action which PBM³ deems to be appropriate.
subscription(s) with or ability to access PBM³ and/or any other
service provided to you by PBM³ is
discontinued by PBM³ due to your violation of any portion of these
Terms of Service or for conduct otherwise inappropriate for the community
of PBM³, then you agree that you shall not attempt to re-register with or
access PBM³, and/or any other service provided
by PBM³ , through use of a different member name or otherwise. In the
event that you violate the immediately preceding sentence, PBM³
reserves the right, in its sole discretion, to immediately take any or all
of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi)
above without any notice or warning to you.
In the event that any provision of the Terms of Service
conflicts with the law under which the Terms of Service are to be
construed or if any such provisions are held invalid by a court with
jurisdiction over the parties to the Terms of Service, such provision will
be deemed to be restated to reflect as nearly as possible the original
intentions of the parties in accordance with applicable law, and the
remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict
performance by the other party of any provision of the Terms of Service or
to exercise any right under the Terms of Service will not be construed as
a waiver or relinquishment to any extent of such party's right to assert
or rely upon any such provision or right in that or any other instance,
rather, the same will be and remain in full force and effect.
PBM³ may assign its rights and obligations under these Terms
of Service and upon such assignment PBM³ may be relieved of any
further obligation hereunder.
You represent to PBM³ that you
have the authority to register with or visit PBM³ according to these Terms
of Service. PBM³ does not encourage, solicit, or permit visitors who
are known to be under the age of 13 to subscribe to PBM³ services.
These Terms of Service and any Additional Terms (as such terms
shall be identified when posted on PBM³) constitute the entire
understanding between the parties as to the subject matter here of, and
supersede all prior agreements and understandings. Any legally
unenforceable provision of these Terms of Service will, at the election of
PBM³ be deleted or modified to correct the defect and, regardless,
the remainder of the terms of these Terms of Service will remain valid and
PBM³ reserves the right to charge fees,
surcharges and/or membership fees at any time.