PBM³ Terms of Service


1. Terms of Use Agreement The Services offered by Stephen Gose LLC( doing business as "PBMCube.com" or "we") include the PBMCube Game Network Websites (the "Website"), the PBMCube.com Communication Features, and any other features, content, or applications offered from time to time by PBMCube.com in connection with the Website (collectively, the "Services"). This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website), a “Registered User” (which means that you have registered with PBMCube.com) or you are a "Subscriber" (which means that you have registered with PBMCube.com and pay for access to premium content). The term "User" refers to a Visitor, Registered User or a Subscriber. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. You are provided the option to delete your registered user account. If you wish to become a Subscriber, communicate with other Subscribers and make use of the Services, you must read this Agreement and indicate your acceptance before proceeding to verify the Registration process. 1. Access to Activities. PBMCube.com® is both a free and subscription service provided by Stephen Gose LLC., an Arizona Corporation. Through Websites of Stephen Gose LLC., agrees to provide User with access to games, content and other on-line information and services for families with children. Access to published content is granted by age affirmation. Communication features are considered premium content and only accessible for paid Subscribers. You agree to use these services at all times in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. When creating an account, either a free Registration or a paid Subscription, you may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates this Terms of Use Agreement. By accepting this Agreement you agree not to provide false information during the registration process. You (and your accompanying parent, if you are under 18) are solely responsible for all activity on your account and for the security of your computer system. We expect our users to refrain from revealing their password to other users. PBMCube.com will not ask you to reveal your password at any time, please disregard any contact you may receive via email requesting this or any other personal information on your account. This is a practice known as “phishing”. You agree not to use the account, username, or password of another Registered User or Subscriber at any time or to disclose your password to any third party. You agree to notify PBMCube.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. This Agreement shall remain in full force and effect while you use the Services or are a Subscriber. You may terminate your subscription at any time, for any reason, by following the instructions on the Subscriber's Account Settings page. PBMCube.com may terminate your subscription at any time, without warning. Even after your subscription is terminated, this Agreement will remain in effect, including sections 5-15. 2. Charges and Billing. You may have a PBMCube.com free Registration which will allow you to participate in a game or other activity, join tournaments, keep high scores, choose an Avatar, and other privileged activities reserved for registered users. PBMCube.com does charge subscription fees to access certain premium content, including our Communication Features. Those features available only to Subscribers will be clearly labeled on our site. Subscription fees and other billing information are available to users by clicking on our “Sign Up” tab, found under “Home”. If Bonus terminates your subscription because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. You acknowledge that PBMCube.com reserves the right to charge for the Services and to change its fees from time to time in its discretion. 3. Changes. PBMCube.com reserves the right and may modify this Agreement from time to time and such modification shall be effective upon posting by PBMCube.com on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not wish such changes to apply automatically, then you must review this Agreement each time before entry, and refrain from entering if you see new or different terms that you do not accept. 4. Improper Behavior. As a user of the Services, User is required to refrain from illegal acts and acts which are offensive to others, and to respect all property rights of the contributors to the Services, as well as other content providers and authors. Offensive or inappropriate behavior, violation of copyrights, illegal activity or use of indecent language may cause PBMCube.com, Inc., at its sole discretion, to suspend or deny access to the Services by User. If you violate this Agreement, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established. By accepting this Agreement you acknowledge that PBMCube.com is not required to provide you notice before terminating your account, but it may choose to do so. The following is a partial list of the kind of content that is illegal or prohibited to post on or through the Services. PBMCube.com reserves the right to investigate and take appropriate legal action against anyone who, in PBMCube.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the subscription of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of PBMCube.com: is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter; solicits personal information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or email addresses; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph of another person that you have posted without that person's consent; The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. PBMCube.com reserves the right to investigate and take appropriate legal action against anyone who, in PBMCube.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any Subscriber to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Subscribers. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Subscriber without their prior explicit consent. In order to protect our Subscribers from such advertising or solicitation, PBMCube.com reserves the right to restrict the number of emails which a Subscriber may send to other Subscribers in any 24-hour period to a number which PBMCube.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to PBMCube.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay PBMCube.com $50 for each such unsolicited email or other unsolicited communication you send through the Services; covering or obscuring the banner advertisements on your personal profile page, or any PBMCube.com page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add friends; interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; attempting to impersonate another Subscriber or person; using the account, username, or password of another Subscriber at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the Services in order to harass, abuse, or harm another person; or using the Services in a manner inconsistent with any and all applicable laws and regulations. 5. Property Rights. The downloading, retransmission or copying of material on this site is allowed for Users' own use only. No redistribution, retransmission, or public redisplay by users, and no commercial exploitation is allowed. Failure by User to abide by all copyright and other property notices or restrictions contained in PBMCube.com may result in the termination of subscription or suspension of access to this service. The Services contain content of PBMCube.com ("PBMCube.com Content"). PBMCube.com Content is protected by copyright, trademark, patent, trade secret and other laws, and PBMCube.com owns and retains all rights in the PBMCube.com Content and the Services. PBMCube.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PBMCube.com Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. 6. Posted Materials. PBMCube.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. 7. Indemnity. User agrees to defend, indemnify and hold PBMCube.com, its subsidiaries, and affiliates, and their respective directors, officers, shareholders, agents, affiliates, licensors, partners and employees, harmless from any expenses, costs, judgments, damages, loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement, any harmful or illegal activities by User in connection with PBMCube.com, and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Website or through the Services causes PBMCube.com to be liable to another. 8. Warranty Disclaimer. User agrees that use of the Services is entirely at User's own risk. This service and content is available and provided "As Is" without warranty of any kind, either express or implied, including without limitation any warranty for accuracy of information, services, uninterrupted access, or products provided through or in connection with the service. PBMCube.com, Inc. does not make any warranties of title or warranties of merchantability or fitness for a particular purpose. PBMCube.com is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Subscribers on PBMCube.com may contain links to other websites. PBMCube.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by PBMCube.com. Inclusion of any linked website on PBMCube.com does not imply approval or endorsement of the linked website by PBMCube.com. When you access these third-party sites, you do so at your own risk. PBMCube.com takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. PBMCube.com is not responsible for the conduct, whether online or offline, of any User of the Services. PBMCube.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Subscriber communication. PBMCube.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall PBMCube.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a PBMCube.com event, from any content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and PBMCube.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PBMCube.com cannot guarantee and does not promise any specific results from use of the Services. Users who encounter questionable materials or non-functioning locations or features, are encouraged to contact PBMCube.com's Editor via regular or electronic mail. Customer Support or Regular Mail to: PBMCube.com Attn: Editor 2427 W. Bloch Road, Suite #103 Phoenix, AZ 85041 9. Limited Liability. User acknowledges that regular PBMCube.com features are available as a free service, and there is no special legal or business relationship between User and PBMCube.com, Inc.. Accordingly, the Bonus Associates are not and shall not be liable for any damages, losses or injury caused by any failure of performance, error, omission, interruption, deletion, defect, transmission or operational delays, inability to gain access to or use of the Services, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause or claim in law or equity. User hereby acknowledges that the provisions of this section shall apply to all content on the Services. IN NO EVENT SHALL PBMCube.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PBMCube.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PBMCube.com'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PBMCube.com FOR THE SERVICES DURING THE TERM OF SUBSCRIPTION. 10. Other Users. User specifically acknowledges that the Bonus Associates are not liable for the offensive, harmful or illegal conduct of other users of PBMCube.com or other third-parties, and that the risk of injury from the foregoing rests entirely with user. 11. Law and Jurisdiction. This Agreement and any dispute relating to this Agreement shall be governed by the laws of the United States and the laws of the State of California, without regard to U.S. or California choice of law rules. User and PBMCube.com, Inc. agree and consent that jurisdiction, proper venue and the most convenient forms for all claims, actions and proceedings of any kind relating to PBMCube.com or the matters in this Agreement shall be exclusively in courts located in San Francisco, California. If a court with the necessary subject matter jurisdiction over a given matter cannot be found in San Francisco, then jurisdiction for that matter shall be exclusively in a court with the proper jurisdiction as close to San Francisco as possible, and within California if possible. 12. Export Laws. Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law. 13. Severability. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then User and PBMCube.com, Inc. agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. 14. Third Party Beneficiaries. User and PBMCube.com, Inc. agree that there are no third party beneficiaries of any promises, obligations or representations made by Bonus. Those referred to as the "Bonus Associates" are third party beneficiaries under this Agreement in accord with the provisions where they are referenced. 15. Notice. PBMCube.com, Inc. may give notice to Users for any or all purposes by means of a general notice on the service. All notices or other communications to PBMCube.com, Inc. from User will be deemed given when received by prepaid first class mail or courier, by facsimile (602-682-7033), or electronic mail, or by hand delivery at the address below: President, Stephen Gose LLC. 2427 W. Bloch Road, Suite #103 Phoenix, AZ 85041 16. General. Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. This Agreement, together with the Privacy Policy, constitutes the entire Agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between PBMCube.com, Inc. and its representatives and User. Waiver by PBMCube.com Inc. of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Subscriber. The section titles in this Agreement are for convenience only and have no legal or contractual effect. PBMCube.com is a registered trademark of PBMCube.com, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: [email protected] with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.