PBMCube (PBM³) Terms of Service 1. 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. 2. Registration Information/Privacy Policy 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 terms of the PBM³ Privacy Policy, which is incorporated herein by reference. Click here if you wish to read the PBM³ Privacy Policy. PBM³ reserves the right to offer you third party services and products. PBM³ reserves the right to terminate your PBM³ subscription if PBM³ learns that you have provided false or misleading registration information. 3. Termination PBM³ 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 of Service 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 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 kind. 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. You 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 transaction. 8. Subscription Username and Password You 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. 9. Notification of Any Possible Copyright Infringement In the 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 YOU 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 NON-INFRINGEMENT. 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 INFORMATION. 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 Liability 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. 12. Indemnification 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 California. 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. If your 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. 15. Miscellaneous 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 enforceable. PBM³ reserves the right to charge fees, surcharges and/or membership fees at any time.