WEBSITE
USER AND MEMBERSHIP TERMS AND CONDITIONS
These Website User and Membership Terms and Conditions govern your use and
access to and/or membership in, the following network of Web sites, which
currently includes all sites on the Puba network (collectively, the 'SITES,' or
individually, a 'SITE' or 'we/our'). IMPORTANT!
These Terms and Conditions also govern your membership to the SITE if you
become a member. By accessing, using, viewing, reading, printing, installing,
or downloading any material from the SITE, or becoming a member to the SITE,
you agree to be bound by these Terms and Conditions. This Agreement is intended
to be governed by the Electronic Signatures in Global and National Commerce Act
(E-Sign Act). You manifest your agreement to these Terms and Conditions by any
act demonstrating your assent thereto, including clicking any button containing
the words 'I agree' or similar syntax. You may submit a paper copy of this
transaction and print this form for your personal records. You have the right
to withdraw your consent to use the E-Sign Act by emailing us. Your consent to
use the E-Sign Act is limited to providing the information on this form. Access
to this electronic record requires a simple browser program such as Internet
ExplorerTM or NetscapeTM and a computer. These Terms and Conditions are subject
to change by the SITE without prior notice, at any time, in its discretion.
Notification of any changes will be posted on this page. You agree to review
this page periodically to be aware of such changes. If these changes are
unacceptable to you, you must terminate your membership as provided below. Your
continued use of the SITE following the effective date of any such changes
constitutes your full acknowledgement and acceptance of these changes.
If you do not agree to be bound by these Terms and Conditions, you may not
enter the SITE, you must exit the SITE immediately, you may not use or access
the SITE, and you may not print or download any materials from them. You may
use and access the SITE only in accordance with these Terms and Conditions.
Please consult these Terms and Conditions regularly and read them carefully
before using the SITE. You affirm that you have read this Agreement and
understand, agree and consent to its Terms and Conditions.
You are solely responsible for obtaining access to the SITE and that access may
involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access the SITE.
I. Images and Content
These SITE contain images and content, including but not limited to text,
software, images, graphics, data, messages, or any other information, and any
other World Wide Web Site owned, operated, licensed, or controlled by SITE
(collectively, 'Materials'). All Materials displayed on the SITE are protected
by the First Amendment rights to Free Speech, Free Expression and Freedom of the
Press, and parallel provisions of other constitutions. You acknowledge that the
SITE may offer online content that could be deemed 'adult' or 'erotic' in
nature. Additionally, you are on notice that some of the Materials presented on
the SITE may contain graphic visual depictions, graphic audio, and descriptions
of sexually oriented, explicit, offending, or disturbing activities. You
acknowledge that you are aware of the nature of the Materials provided by the
SITE, that you are not offended by such Materials and that you access the SITE
freely, voluntarily and willingly. You also acknowledge that this SITE is
intended to contain only images protected by the First Amendment to the United
States Constitution. If you are seeking information regarding illegal activities,
please leave this SITE immediately. You are further aware of the community
standards of your community, and you will only access the content on the SITE
if you believe, upon diligent investigation, that the content on the SITE does
not offend the community standards prevalent in your community. You further
agree not to use or access the SITE if doing so would violate the laws of your
state, province or country.
II. Age of Majority and Membership
A. Age of Majority
You represent and warrant you are at least 18 or 21 years of age, depending on
the age of majority in your jurisdiction, and that you have the legal capacity
to enter into this Agreement. If you are not at least 18 or 21 years of age,
depending on the age of majority in your jurisdiction, you must exit the SITE
immediately and may not use or access the SITE or print or download any
Materials from them. You may be asked to verify your birth date on the Birth
Date Verifier' form as a condition of entry onto the SITE, pursuant to 28 U.S.C.
'1746. You agree not to bypass any security and/or access feature on this SITE.
Additionally, the SITE does not assume any responsibility or liability for any
misrepresentations regarding a user's age.
B. Membership
Membership may not be assigned, transferred, or sold to a third party. The SITE
and its affiliates disclaim any and all liability arising from fraudulent entry
and use of the SITE. If a user fraudulently obtains access, the SITE may
terminate membership immediately and take all necessary and appropriate actions
under applicable federal, state, and international laws.
III. No Child Pornography
You understand that all models appearing on this SITE are, and were at the time
of all recorded images, at least 18 years of age, and that our SITE contains no
child pornography. If you seek any form of child pornography, you must exit
this SITE immediately. You acknowledge that all Materials on the SITE are
protected by the First Amendment. We take a strong and definite stand against
child pornography and only allow images and Materials that are protected by the
First Amendment. If you identify any images, real or simulated, depicting
minors engaged in sexual activity within the SITE, please report the images to
the SITE. Include with your report any appropriate evidence, including the date
and time of identification. All reports will immediately be investigated and
the appropriate action will be taken. We enthusiastically cooperate with any
law-enforcement agency investigating child pornography. If you suspect other
outside websites are participating in unlawful activities involving minors,
please report them to www.asacp.org. Users should
implement parental control protections, such as computer hardware, software, or
filtering services, which may help users to limit minors' access to harmful
material.
IV. Access to, Limited License, and Interference with, SITE
A. Access
To access the SITE or some of the resources it has to offer, you may be asked
to provide certain registration details or other information. It is a condition
of your use of this SITE that all information you provide will be correct,
current, and complete. If the SITE believes the information you provide is not
correct, current, or complete, the SITE has the right to refuse you access to
the SITE or any of its resources, and to terminate or suspend your access at
any time.
B. Limited License
Subject to these Terms and Conditions and in consideration of using the SITE,
the SITE hereby grants you a limited, nonexclusive, nontransferable personal
license to access and use the SITE and the Materials contained therein. The
SITE provides the Materials on this SITE for the personal, non-commercial use
by viewers, fans, visitors, subscribers and/or potential subscribers of said
SITE. Users of this SITE are granted a single copy license to view Materials
(on a single computer only). All Materials on the SITE shall be for private
non-commercial use only, and all other uses are strictly prohibited. SITE
reserves the right to limit the amount of materials viewed. You agree to
prevent any unauthorized copying of the SITE, or any of the Materials contained
therein. Any unauthorized use of the SITE or any of the Materials contained
therein terminates this limited license effective immediately. This is a
license to use and access the SITE for its intended purpose and is not a
transfer of title. You represent and warrant that you will not allow any minor
access to this SITE and that you will not copy or redistribute any of the
content appearing on this SITE. SITE reserves the right to terminate this
license at any time if you breach or violate any provision of this Agreement,
in which case you will be obligated to immediately destroy any information or
materials you have downloaded, printed or otherwise copied from this SITE.
Violators of this limited license may be prosecuted to the fullest extent under
the applicable law.
C. Interference
Except where expressly permitted by law, you may not translate,
reverse-engineer, decompile, disassemble or make derivative works from our
SITE's Materials. User hereby agrees not to use any automatic device or manual
process to monitor or reproduce the SITE, and will not use any device,
software, computer code, or virus to interfere or attempt to disrupt or damage
the SITE or any communications on it.
V. Restrictions on Use of SITE
You may use the SITE only for purposes expressly permitted by the Terms and
Conditions of the SITE. You may not use the SITE for any other purpose, including
any commercial purpose, without the SITE's express prior written consent.
Without the express prior written authorization of the SITE, you may not: (a)
duplicate the SITE or any of the Materials contained therein (except as
expressly provided above in Paragraph IV); (b) create derivative works based on
the SITE or any of the Materials contained therein; (c) use the SITE or any of
the Materials contained therein for any public display, public performance,
sale or rental; (d) re-distribute the SITE or any of the Materials contained
therein; (e) remove any copyright or other proprietary notices from the SITE or
any of the Materials contained therein; (f) frame or utilize any framing
techniques in connection with the SITE or any of the Materials contained therein;
(g) use any meta-tags or any other 'hidden text' using the SITE' name or marks;
(h) 'deep-link' to any page of the SITE (including the homepage); (i)
circumvent any encryption or other security tools used anywhere on the SITE
(including the theft of user names and passwords or using another person's user
name and password in order to gain access to a restricted area of the SITE);
(j) use any data mining, robots or similar data gathering and extraction tools
on the SITE; (k) decompile, reverse engineer, modify or disassemble any of the
software aspect of the Materials except and only to the extent permitted by
applicable law; (l) sell, rent, lease, license, sublicense, transfer,
distribute, re-transmit, time-share, use as a service bureau or otherwise
assign to any third party the Materials or any of your rights to access and use
the Materials as granted in Paragraph IV above; or (m) bookmark any page of the
SITE beyond the registration log-in screen. You agree to cooperate with the
SITE in causing any unauthorized use to cease immediately. At any time, if the
SITE provides a service enabling users to share information or communicate with
other users, you hereby agree not to publish, disseminate or submit any
defamatory, offensive or illegal material while using the SITE or other
services included on the SITE. You are solely responsible for submitting any
material that violates any United States or International laws even if a claim
arises after your service is terminated, and, by doing so, your actions shall
constitute a material breach of this Agreement and the SITE shall terminate all
your rights under this Agreement.
VI. Membership
A. Registration
You are responsible for providing all equipment and the computer necessary to
access the SITE. You may access the non-public portion of the SITE only by
being a member in good standing to the SITE. The SITE reserves the right to
modify Materials and the SITE design at anytime, with or without prior notice.
You may become a member of the SITE by completing an online registration form,
which must be accepted by SITE, and you must pay the subscription fee. Upon
submission of the online registration form, SITE or its authorized agent will
process the application. In connection with completing the online registration
form, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the registration form (such
information being the 'Registration Data') and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete at all
times while you are a member. If you provide any information that is untrue,
inaccurate, not current or incomplete, or SITE or any of its authorized agents
have reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, SITE has the right to suspend or terminate your
account and refuse any and all current or future use of the SITE, as well as
subjecting you to criminal and civil liability. You are responsible for dishonored
checks and any related fees that we incur with respect to your account.
B. Member Account, Password and Security
As part of the registration process, you will be issued a unique user name and
password which you must provide in order to gain access to the non-public
portion of the SITE. You certify that when asked to choose a username you will
not choose a name which may falsely represent you as somebody else or a name
which may otherwise be in violation of the rights of a third party. We reserve
the right to disallow the use of usernames that we, at our sole discretion,
deem inappropriate. We reserve the right to cancel at any time the membership
of any member who uses their selected username in violation of these Terms and
Conditions or in any other way we, in our sole discretion, deem inappropriate.
Your membership, the ID and password are nontransferable and non-assignable.
You represent and warrant that you will not disclose to any other person your
unique user name and password and that you will not provide access to the SITE
to anyone who is below the age of majority in your state, province, or country,
or otherwise does not wish to view the content on the SITE. You are solely
responsible for maintaining the confidentiality of your user name and password
and are fully responsible for all activities that occur under your user name
and password. SITE will not release your password for security reasons. You
agree to (a) immediately notify SITE of any unauthorized use of your user name
and password or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. You are liable and responsible for any
unauthorized use of the SITE until you notify SITE by email regarding that
unauthorized use. Unauthorized access to the SITE is illegal and a breach of
this Agreement. You indemnify the SITE against all activities conducted through
your account. You may obtain access to your billing records regarding charges
of your use of the SITE upon request.
C. Membership Fees
Subscriber's subscription to the service will be automatically renewed as
stated below upon expiration of the initial term, unless SITE is notified via
our online Customer Service Area at support.puba.com. The 2,5, or 7 day
trial membership renews at the monthly rate of $34.97 if the subscriber has not cancelled
24 hours prior to the expiration date. Trial memberships have limited access to
the movies sections. Monthly membership renews at the monthly rate if the
subscriber has not cancelled 72 hours prior to expiration. Membership fees to
the SITE are prominently displayed prior to your subscription thereto. You
agree to pay all membership fees when due according to these billing terms. At
the time of registration, you must select a payment method. SITE reserves the
right to contract with a third party to process all payments. Such third party
may impose additional terms and conditions governing payment processing. Your
card issuer agreement may contain additional terms with respect to your rights
and liabilities as a card holder. You agree to pay all amounts due to us
immediately upon cancellation or termination of your account. We reserve the
right to make changes to our fees and billing methods, including the addition
of supplemental charges for any content or services provided by the SITE, with
or without prior notice to you, at any time. THIS SITE USES AN AUTOMATIC REBILL
CYCLE ACCORDING TO THE USER'S SELECTED PAYMENT OPTION.
In the event of an unsuccessful recurring payment, an administrative fee of up to $2.00 may be applied in order to keep your subscription active until the full subscription fee can be processed successfully.
D. Billing Errors
If you believe that you have been erroneously billed, please notify us
immediately of such error. If we do not hear from you within thirty (30) days
after such billing error first appears on any account statement, such fee will
be deemed acceptable by you for all purposes, including resolution of inquiries
made by your credit card issuer. You release us from all liabilities and claims
of loss resulting from any error or discrepancy that is not reported to us
within thirty (30) days of its publication.
E. Download Limit
As a member in good standing, you may download up to 10 gigabytes of data each
day, and additionally up to 15 big movies. Upon reaching this limit, you may be
denied access to download any additional data until the beginning of the next
day.
VII. Termination
You may cancel your membership at any time by visiting support.puba.com. You hereby agree to be personally
liable for any and all charges incurred by you until termination of membership
for goods or services through your use of the SITE. This Agreement's provisions
shall survive its termination, unless otherwise stated. Upon our processing of
your request to cancel your membership, you will no longer have access to the
non-public areas of the SITE to which you were a member. Without limiting other
remedies, the SITE may immediately issue a warning, temporarily suspend,
indefinitely suspend, or terminate your access and use of the SITE and refuse
to provide our services to you at any time, with or without advance notice, if:
(a) SITE believes that you have breached any material term of these Terms and Conditions
or the documents it incorporates by reference, (b) you fail to pay any amount
due by the payment due date; (c) we are unable to verify or authenticate any
information you provide to us; (d) we believe that your actions may cause legal
liability for you, our users or us; or (e) SITE decides to cease operations or
to otherwise discontinue any of the SITE or parts thereof. Further, you agree
that neither SITE nor any third party acting on our behalf shall be liable to
you for any termination of your membership or access to the SITE. You agree
that if your account is terminated by SITE, you will not attempt to re-register
as a member without prior written consent from SITE.
VIII. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED
THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED
THEREIN ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SITE MAKES NO
REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS CONTAINED THEREIN
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SITE MAKE ANY
REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH,
USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE MATERIALS
CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY OF THE
MATERIALS CONTAINED THEREIN IS DONE 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
THAT SITE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR
DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR
OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SITE DOES
NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. SITE MAKES
NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE
SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE
FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES.
SITE OWNER MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME
WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. SITE OWNER MAKES
NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. SITE MAKES NO
COMMITMENT TO UPDATE THE MATERIALS. THE WARRANTIES AND REPRESENTATIONS SET
FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES AND REPRESENTATIONS WITH
RESPECT TO THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES,
WRITTEN OR ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN
THE PARTIES OR BY OPERATION OF LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. NONE OF THESE WARRANTIES AND REPRESENTATIONS
WILL EXTEND TO ANY THIRD PERSON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IX. Disclaimer
THE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY LAWS IS STRICTLY
PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER HAS PROVIDED OR INTENDS TO
PURCHASE OR PROVIDE ANY SERVICES IN VIOLATION OF ANY LAW, YOUR ABILITY TO USE
THE SITE WILL BE TERMINATED IMMEDIATELY. WE DO HEREBY DISCLAIM ANY LIABILITY
FOR DAMAGES THAT MAY ARISE FROM ANY USER PROVIDING ANY SERVICES FOR ANY PURPOSE
THAT VIOLATES ANY LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD US
HARMLESS FROM ANY LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU DO
ALSO HEREBY AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED
BY YOUR ILLEGAL ACTIONS OR SHOULD WE BE OBLIGATED TO DEFEND ANY CLAIMS
INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL ACTION BROUGHT BY ANY PARTY NOT
AFFILIATED WITH THIS SITE. OUR SITE CONTAINS MATERIAL THAT MAY BE OFFENSIVE TO
THIRD PARTIES. YOU DO HEREBY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY
LIABILITY THAT MAY ARISE FROM REVIEWING SUCH MATERIAL AND WARRANT AND AGREE TO
CEASE REVIEW OF THE SITE SHOULD YOU FIND IT OFFENSIVE. IF YOU ARE SEEKING
SERVICES THAT ARE IN VIOLATION OF ANY APPLICABLE LAWS WHATSOEVER, YOU MAY NOT
USE THIS SITE AND DO HEREBY AGREE TO EXIT IT IMMEDIATELY. THUS, ALL DISPUTES
RELATING TO THE ONLINE STORE SHALL BE DIRECTED TO THE STORE, AND NOT THE SITE.
X. Limitation of Liability
IN NO EVENT SHALL SITE (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE
PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY
OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, LOSS OF INFORMATION, BUSINESS INTERUPTION, REVENUE, OR GOODWILL, WHICH
MAY ARISE FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY OF
THE MATERIALS CONTAINED THEREIN, EVEN IF SITE HAS BEEN ADVISED OF THE
PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING
TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,
TORT OR OTHERWISE, EVEN IF SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL SITE'S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER
FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE
OR SITE FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE
APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
XI. Indemnity
You agree to defend, indemnify, and hold harmless the SITE, its officers,
directors, shareholders, employees, independent contractors, telecommunication
providers, and agents, from and against any and all claims, actions, loss,
liabilities, expenses, costs, or demands, including without limitation legal
and accounting fees, for all damages directly, indirectly, and/or
consequentially resulting or allegedly resulting from your, or you under
another person's authority including without limitation to governmental
agencies, use, misuse, or inability to use the SITE or any of the Materials
contained therein, or your breach of any of these Terms and Conditions. SITE
shall promptly notify you by electronic mail of any such claim or suit, and
cooperate fully (at your expense) in the defense of such claim or suit. We
reserve the right to participate in the defense of such claim or defense at its
own expense, and choose its own legal counsel, but are not obligated to do so.
XII. Links and Linking
Some websites which are linked to the SITE are owned and operated by third
parties. Because the SITE has no control over such websites and resources, you
acknowledge and agree that SITE is not responsible or liable for the
availability of such external websites or resources, and does not screen or
endorse them, and is not responsible or liable for any content, advertising,
services, products, or other materials on or available from such websites or
resources. You further acknowledge and agree that SITE shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such third-party
content, goods or services available on or through any such website or
resource. If you decide to access any such third party website, you do so
entirely at your own risk and subject to any terms and conditions and privacy
policies posted therein. Users further acknowledge that use of any website
controlled, owned or operated by third parties is governed by the terms and
conditions of use for those websites, and not by this SITE's Terms and
Conditions, Spam Policy, Webmaster Agreement, or Privacy Policy, which are
incorporated by reference. Links to external websites or the featured model's
linked websites (including external websites that are framed by the Site) or
inclusions of advertisements do not constitute an endorsement by the SITE of
such websites or the content, products, advertising or other materials
presented on such SITE, but are for user's convenience. Users access them at
their own risk. The SITE expressly disclaims any liability for any damages
whatsoever incurred by any user in connection with the use of any website, the
access to which was found through this SITE. The SITE expressly disclaims any
liability derived from the use and/or viewing of any links that may appear on
this SITE. All users do hereby agree to hold the SITE harmless from any and all
damages and liability that may result from the use of links that may appear on
the SITE. The SITE reserves the right to terminate any link or linking program
at anytime.
XIII. Trademark Information
This SITE and the aforementioned names of the SITES are service marks and/or
trademarks of the SITE. We aggressively defend our intellectual property
rights. Other manufacturers' product and service names referenced herein may be
trademarks and service marks of their respective companies and are the
exclusive property of such respective owners, and may not be used publicly
without the express written consent of the owners and/or holders of such
trademarks and service marks. The SITE's marks, logos, domains, and trademarks
may not be used publicly except with express written permission from SITE, and
may not be used in any manner that is likely to cause confusion among
consumers, or in any manner that disparages or discredits SITE.
XIV. Copyright Information
The Materials accessible from the SITE, and any other World Wide Web Site
owned, operated, licensed, or controlled by SITE, is the proprietary
information and valuable intellectual property of SITE or the party that
provided the Materials to SITE, and SITE or the party that provided the
Materials to SITE retains all right, title, and interest in the Materials.
Accordingly, the Materials may not be copied, distributed, republished,
modified, uploaded, posted, or transmitted in any way without the prior written
consent of SITE, except that you may print out a copy of the Materials solely
for your personal use. In doing so, you may not remove or alter, or cause to be
removed or altered, any copyright, trademark, trade name, service mark, or any
other proprietary notice or legend appearing on any of the Materials.
Modification or use of the Content except as expressly provided in these Terms
and Conditions violates the SITE's intellectual property rights. Neither title
nor intellectual property rights are transferred to you by access to the SITE.
All Materials included on the SITE, such as text, graphics, photographs, video
and audio clips, music, soundtracks, button icons, streaming data, animation,
images, downloadable materials, data compilations and software is the property
of the SITE or its content suppliers and is protected by United States and
international copyright laws. The compilation of all Materials on the SITE is
the exclusive property of the SITE or its content suppliers and protected by United
States and international copyright laws, as well as other laws and regulations.
XV. Notice of Claimed Infringement
The SITE respects the intellectual property of others, and we ask our users to
do the same. We voluntarily observe and comply with the United States' Digital
Millennium Copyright Act. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide SITE's Designated Copyright
Agent the following information:
(a) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you
claim has been infringed;
(c) a description of where the material that you claim is infringing is located
on a SITE;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
You may send your Notice of Claimed Infringement to: support@puba.com
XVI. Notice and Takedown Procedures
The SITE implement the following 'notice and takedown' procedure upon receipt
of any notification of claimed copyright infringement. The SITE reserve the
right at any time to disable access to, or remove any material or activity
accessible on or from the SITE or any Materials claimed to be infringing or
based on facts or circumstances from which infringing activity is apparent.' It
is the firm policy of the SITE to terminate the account of repeat copyright
infringers, when appropriate, and the SITE will act expeditiously to remove
access to all material that infringes on another's copyright, according to the
procedure set forth in 17 U.S.C. '512 of the Digital Millennium Copyright Act
('DMCA').'The SITE's DMCA Notice Procedures are set forth in the preceding
paragraph. If the notice does not comply with Paragraph 19 and '512 of the
DMCA, but does comply with three requirements for identifying SITE that are
infringing according to '512 of the DMCA, the SITE shall attempt to contact or
take other reasonable steps to contact the complaining party to help that party
comply with the notice requirements. When the Designated Agent receives a valid
notice, the SITE will expeditiously remove and/or disable access to the
infringing material and shall notify the affected user. Then, the affected user
may submit a counter-notification to the Designated Agent containing a
statement made under penalty of perjury that the user has a good faith belief
that the material was removed because of misidentification of the material.
After the Designated Agent receives the counter-notification, it will replace
the material at issue within 10-14 days after receipt of the
counter-notification unless the Designated Agent receives notice that a court
action has been filed by the complaining party seeking an injunction against
the infringing activity. The SITE reserve the right to modify, alter or add to
this policy, and all users should regularly check back to these Terms and
Conditions to stay current on any such changes.
XVII. Export Control
You understand and acknowledge that the software elements of the Materials on
the SITE may be subject to regulation by agencies of the United States
Government, including the United States Department of Commerce, which prohibits
export or diversion of software to certain countries and third parties.
Diversion of such Materials contrary to United States' or international law is
prohibited. You will not assist or participate in any such diversion or other
violation of applicable laws and regulations. You warrant that you will not
license or otherwise permit anyone not approved to receive controlled
commodities under applicable laws and regulations and that you will abide by
such laws and regulations. You agree that none of the Materials are being or
will be acquired for, shipped, transferred, or re-exported, directly or indirectly,
to proscribed or embargoed countries or their nationals or be used for
proscribed activities.
XVIII. No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create, imply, give
effect to, or otherwise recognize a partnership, employment, joint venture or
formal business entity of any kind; and the rights and obligations of the
parties shall be limited to those expressly set forth herein.
XIX. Notice
A. Notice
Any notice required to be given under this Agreement may be provided by email
to a functioning email address of the party to be noticed, by a general posting
on the SITE, or personal delivery by commercial carrier such as FedEx or
Airborne. Notices by customers to SITE shall be given by electronic messages unless
otherwise specified in the Agreement.
B. Change of Address
Either party may change the address to which notice is to be sent by written
notice to the other party pursuant to this provision of the Agreement.
C. When Notice is Effective
Notices shall be deemed effective upon delivery.' Notices delivered by
overnight carrier (e.g., United States Express Mail or Federal Express) shall
be deemed delivered on the business day following mailing.' Notices mailed by
United States Mail, postage prepaid, registered or certified with return
receipt requested, shall be deemed delivered five (5) days after mailing.'
Notices delivered by any other method shall be deemed given upon receipt.'
Notices by email and facsimile transmission, with confirmation from the transmitting
machine that the transmission was completed, are acceptable under this
Agreement provided that they are delivered one (1) hour after transmission if
sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the
next business day.' Either Party may, by giving the other Party appropriate
written notice, change the designated address, fax number and/or recipient for
any notice or courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable Notice
Any correctly addressed notice that is refused, unclaimed, or undeliverable,
because of an act or omission of the Party to be notified shall be deemed
effective as of the first date that said notice was refused or deemed
undeliverable by the postal authorities, messenger, facsimile machine, email
server, or overnight delivery service.
XX. Communications not Private
SITE does not provide any facility for sending or receiving private or
confidential electronic communications. All messages transmitted to SITE shall
be deemed to be readily accessible to the general public. Visitors should not
use this SITE to transmit any communication for which the sender intends only
the sender and the intended recipient(s) to read. Notice is hereby given that
all messages entered into this SITE can and may be read by the agents and
operators of this service, regardless of whether they are the intended
recipients of such messages.
XXI. Force Majeure
SITE shall not be responsible for any failure to perform due to unforeseen
circumstances or to causes beyond our reasonable control, including but not
limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical
storms or other natural disasters; war, riot, arson, embargoes, acts of civil
or military authority, or terrorism; fiber cuts; strikes, or shortages in
transportation, facilities, fuel, energy, labor or materials; failure of the
telecommunications or information services infrastructure; hacking, SPAM, or
any failure of a computer, server or software, including Y2K errors or omissions,
for so long as such event continues to delay the SITE's performance.
XXII. 30-day Money Back Guarantee
To find out more about our 30-day Money Back Guarantee, click here support.puba.com
XXIII. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating
to these Terms and Conditions shall be governed by the laws of the State of
Florida, excluding its conflict of law provisions. The parties agree that the
United Nations Convention on Contracts for the International Sale of Goods is
specifically excluded from application to these Terms and Conditions. The
parties hereby submit to the personal jurisdiction of the state and federal
courts of the State of Florida. Exclusive venue for any litigation or
arbitration permitted under this Agreement shall be with the state and federal
courts located in Seminole County, Florida.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an
aggrieved party with full compensation in the event of the other party's
breach, and that an aggrieved party shall therefore be entitled to seek
injunctive relief in the event of any such breach, in addition to seeking all
other remedies available at law or in equity.
C. Binding Arbitration
If there is a dispute between the Parties arising out of or otherwise relating
to this Agreement, the Parties shall meet and negotiate in good faith to
attempt to resolve the dispute. If the Parties are unable to resolve the
dispute through direct negotiations, then, except as otherwise provided herein,
either Party may submit the issue to binding arbitration in accordance with the
then-existing Commercial Arbitration Rules of the American Arbitration
Association. Arbitral Claims shall include, but are not limited to, contract
and tort claims of all kinds, and all claims based on any federal, state or
local law, statute, or regulation, excepting only claims under applicable
worker's compensation law, unemployment insurance claims, actions for
injunctions, attachment, garnishment, and other equitable relief. The
arbitration shall be conducted in Los Angeles, California, and conducted by a
single arbitrator, knowledgeable in Internet and e-Commerce disputes. The
arbitrator shall have no authority to award any punitive or exemplary damages;
certify a class action; add any parties; vary or ignore the provisions of these
Terms and Conditions; and shall be bound by governing and applicable law. The
arbitrator shall render a written opinion setting forth all material facts and
the basis of his or her decision within thirty (30) days of the conclusion of
the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE
TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
D. Assignment
The rights and liabilities of the parties hereto will bind and inure to the
benefit of their respective assignees, successors, executors, and
administrators, as the case may be.
E. Severability
If for any reason a court of competent jurisdiction or an arbitrator finds any
provision of these Terms and Conditions, or any portion thereof, to be
unenforceable, that provision will be enforced to the maximum extent
permissible and the remainder of these Terms and Conditions will continue in
full force and effect.
F. Attorney's Fees
In the event any Party shall commence any claims, actions, formal legal action,
or arbitration to interpret and/or enforce the terms and conditions of this
Agreement, or relating in any way to this Agreement, including without
limitation asserted breaches of representations and warranties, the prevailing
party in any such action or proceeding shall be entitled to recover, in
addition to all other available relief, its reasonable attorney's fees and
costs incurred in connection therewith, including attorney's fees incurred on
appeal.
G. No Waiver
No waiver of SITE shall be deemed a waiver of any subsequent default of the
same provision of these Terms and Conditions. If any term, clause or provision
hereof is held invalid or unenforceable by a court of competent jurisdiction,
such invalidity shall not affect the validity or operation of any other term,
clause or provision and such invalid term, clause or provision shall be deemed
to be severed from these Terms and Conditions.
H. Headings
All headings are solely for the convenience of reference and shall not affect
the meaning, construction or effect of these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties
with respect to your access and use of the SITE and the Materials contained
therein, and your membership with the SITE, and supersede and replace all prior
or contemporaneous understandings or agreements, written or oral, regarding
such subject matter. No amendment to or modification of these Terms and
Conditions will be binding unless in writing and signed by a duly authorized
representative of both parties.
J. Modifications
SITE reserves the right to change any of the provisions posted herein and you
agree to review these Terms and Conditions each time you visit the SITE. Your
continued use of the SITE following the SITE's posting of any changes to these
Terms and Conditions constitutes your acceptance of such changes. The SITE does
not and will not assume any obligation to provide you with notice of any change
to these Terms and Conditions. Unless accepted by SITE in writing, these Terms
and Conditions may not be amended by you.
K. Government Rights
The software elements of the Materials have been developed at private expense
and are 'commercial computer software' or 'restricted computer software' within
the meaning of the FARs, the DFARs, and any other similar regulations relating
to government acquisition of computer software. Nothing contained herein will
be deemed to: (1) grant any government agency any license or other rights
greater than are mandated by statute or regulation for commercial computer
software developed entirely at private expense, or (2) restrict any government
rights in any extensions or custom solutions provided hereunder and developed
at government expense. You further agree not to upload to our SITE any data or
software that cannot be exported without prior written government
authorization, including, but not limited to, certain types of encryption
software. This assurance and commitment shall survive termination of this
Agreement.
L. Other Jurisdictions
SITE makes no representation that the SITE or any of the Materials contained
therein are appropriate or available for use in other locations, and access to
them from territories where their content may be illegal or is otherwise
prohibited. Those who choose to access the SITE from such locations do on their
own initiative and are solely responsible for compliance with all applicable
local laws.
COMPLAINTS ' CALIFORNIA RESIDENTS The Complaint Assistance Unit of the Division
of Consumer Services of the Department of Consumer Affairs may be contacted in
writing at 1020 N. Street, #501, Sacramento, CA 95814.