WEB SITE TERMS AND CONDITIONS OF USE
The PBeM2 Web Site, (herein the "Site") is an online service provided by Amazing Pit Bull Designs (herein "APBD"), and is subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OR LINKING TO THE SITE.
Please read this page carefully. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE WEB SITE.
This page states the terms and conditions under which you may use the Site and any other product or service offered for sale by APBD through the Site. The right to use products or services by APBD is personal to you and is not transferable to any other person or APBD.
APBD reserves the right to change terms and conditions applicable to the Site, or to impose new terms and conditions. Such modifications or additions shall be effective immediately upon notice to each client. Notice may be given by any reasonable means including, but not limited to, posting a revised version of this Agreement on the Internet or notification by electronic mail. Any use of the Site after such notice shall conclusively be deemed to constitute acceptance by you of such modifications, additions, or deletions. You have the responsibility to periodically review the posted terms and conditions to be aware of such revisions.
Section 1. Use of Material, Copyright:
As a user, you agree to use the services offered by APBD in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights. APBD prohibits conduct that might constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Any activity that restricts or inhibits any other user from using the services of APBD is also prohibited.
Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on the Site.
The contents of the Site, such as text, graphics, images, game announcements and other material ("Material"), are protected by U.S. and foreign copyright and trademark law. Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
Section 2. APBD's Liability:
The Material may contain inaccuracies or typographical errors. APBD makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material. Use of the Site and the Material is at your own risk. Changes are periodically made to the Site, and may be made at any time.
APBD DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, APBD IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. APBD AND ANY OF ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. APBD AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Consequential Damages:
IN NO EVENT SHALL APBD, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APBD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions:
Any communication which you post to any path, directory, extension subdirectory, subdomain and/or any other portion of the Site or transmit to APBD or to the Site by e-mail or other medium can be used by APBD on a royalty-free, perpetual, irrevocable, nonexclusive license with the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
Any communication which you post to any path, directory, extension subdirectory, subdomain, comment form and/or any other portion of the Site, transmit to any user of this site, and/or transmit to APBD or to the Site by e-mail, comment and/or other medium which is deemed by APBD to be commercial in nature, appears robotically and/or automatically posted, AND/OR appears posted for the sole purpose increasing a third party domain's website traffic, will automatically be assessed a $500 (US) per month fee for advertising, payable within 30 days of user's communication. Failure to pay will result in the entity posting the communication having their account turned over to a collection agency of APBD's choosing.
You the User automatically agree to submit to a thorough bandwidth and/or security test any website, server, IP address and/or domain name used as any part of any communication in which you post to any path, directory, extension subdirectory, subdomain, comment form and/or any other portion of the Site, transmit to any user of this site, and/or transmit to APBD or to the Site by e-mail, comment and/or other medium which is deemed by APBD to be commercial in nature, appears robotically and/or automatically posted, AND/OR appears posted for the sole purpose increasing a third party domain's website traffic.
As a user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of the Site or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
Any user of the Site agrees to abide by the Guidelines posted concerning announcement submission. Violation of the Guidelines will result in your announcement being removed from the site. Repeated infractions may result in your game being banned from advertising on the Site.
APBD does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Site or endorse any opinions expressed by users of the Site. You acknowledge that any reliance on material posted by other users of the Site will be at your own risk.
APBD does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Site. If notified by a user of communications which allegedly do not conform to this agreement, APBD may investigate the allegation and determine in good faith at its sole discretion whether to remove or request the removal of the communication. APBD has no liability or responsibility to users of the Site for performance or nonperformance of such activities. APBD reserves the right to expel users of the Site and prevent their further access to the Site for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites:
The Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by APBD of the contents on such third-party Web sites. APBD is not responsible for the content of linked third-party Web sites and does not make any representations regarding the content or accuracy of material on such third party web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 6. Links from Other Sites:
This Site may be linked by third party Web sites. By linking to the Site, you agree to abide by the Terms of the Site. You may not 'adorn' the link in such a way as to imply an endorsement, ownership and/or sponsorship of the Site or materials contained on the Site. By linking to the site, you agree that the Terms of the Site superceed any and all terms stated or implied on third party web site containing the link. By linking the site, you agree to relinquish any and all claims of ownership, rights to use, permissions and/or licenses to the intellectual property rightfully owned by the Site.
Section 7. Software Licenses:
All software that is made available for downloading from the Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" acthe Administratoring such Software ("License Agreement"). The downloading and use of such Software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 8. Limitation of Liability:
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for APBD to you for any and all claims arising from the use of the Site or the Materials (including Software) is limited to $0.01.
Section 9. Indemnity:
You agree to defend, indemnify, and hold harmless the APBD, its designates, relatives, officers, friends, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Site, the Material (including Software) or your violation of the terms or conditions of this agreement.
Section 10. Export Control:
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By using the Site or downloading the Materials (including Software), you are agreeing that you are not in a country where such use or export is prohibited or are a person or entity to which such use or export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the use, import, export, or re-export of the Site or Materials (including Software).
Section 10. User Information:
APBD may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Site, for internal business and marketing purposes.
Section 12. General:
The Site is based in Dane County, Wisconsin. APBD makes no claims that the Materials are appropriate or may be downloadable outside of the United States. Access to the Site or Materials (including Software) may not be legal by certain persons in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This agreement is governed by internal substantive laws of the State of Wisconsin, without respect to its conflict of laws principles. If any provision of this agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License of Material on particular pages of the Site, this agreement constitutes the entire agreement between you and APBD with respect to the use of the Site. Any changes to this agreement must be made in writing, signed by APBD and/or an authorized representative of APBD.
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