COPYWRITE 2017 Projection Pro Billiards LLC
ALL RIGHTS RESERVED
ACCEPTANCE OF TERMS
Projection Pro Billiards (“PPB”) provides the use of our software and services provided in these Terms of Service (“TOS”). PPB may update the TOS at any time and without prior notice by posting a new version at http://projectionprobilliards.com. PPB software and services and your use of it is subject to the most recent version of the TOS posted.
1. DESCRIPTION OF SERVICE
PPB provides you with use access to PPB software on and only on the system provided to you by PPB at the time of purchase. Unless explicitly stated otherwise, any new features that augment or enhance the current PPB Service shall be subject to the TOS.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the PPB Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
3. provide true, accurate, current and complete information about yourself as prompted by the PPB Software’s purchase (“Registration Data”) and
You understand that all information, data, text, software, graphics or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You understand that all information, data, text, software, graphics, or other materials (“Content”), Contained within PPB Software and PPB Service are Copy written and no such attempt can be made to reverse engineer, alter, edit, or change such Content Under penalty of law. Under no circumstances will PPB be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the PPB Service. You agree to not use the PPB Software, Service or third party services when pertaining to or interacting with PPB Software and PPB Services, to:
6. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
7. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the PPB Service;
8. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
9. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
10. reverse engineer or attempt to adjust or change in memory data, programs, or scripts in any way shape or form, for any purpose whatsoever;
11. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
12. interfere with or disrupt the PPB Software, Service, servers or networks connected to the PPB Service, or disobey any requirements, procedures, policies or regulations of networks connected to the PPB Service;
13. intentionally or unintentionally violate any applicable local, state, national or international law,
14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above. You acknowledge that PPB may or may not pre-screen Content, but that PPB and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the PPB Service and which violates the TOS. You acknowledge, consent and agree that PPB may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
15. comply with legal process;
16. enforce the TOS;
17. respond to your requests for customer service; or (e) protect the rights, property or personal safety of PPB its users and the public.
18. ANY DUPLICATION, RECREATION, REVERSE ENGINEERING OR REDISTRIBUTION OF THIS SOFTWARE OR ANY OF ITS COMPONENTS IS STRICTLY PROHIBITED, UNLESS OTHERWISE STATED IN A COMPONENTS OWN HEADER AND IS PUNISHABLE BY LAW
You agree to indemnify and hold PPB and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the PPB Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree that PPB may terminate your access to the PPB Service for violations of the TOS and/or requests by authorized law enforcement or other government agencies.
21. DISCLAIMER OF WARRANTIES
You expressly understand and agree that: Your use of the PPB service is at your sole risk. PPB service is provided on an “as is” and “as available” basis. PPB and its subsidiaries, affiliates, officers, employees and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. PPB and its subsidiaries, affiliates, officers, employees and licensors make no warranty that
22. The PPB service will meet your requirements;
23. The PPB service will be uninterrupted, timely, secure or error-free and
24. The results that may be obtained from the use of the PPB service will be accurate or reliable. No advice or information, whether oral or written, obtained by you from PPB or through or from the service shall create any warranty not expressly stated in the TOS.
25. LIMITATION OF LIABILITY
You expressly understand and agree that PPB and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PPB has been advised of the possibility of such damages), resulting from the use or the inability to use the PPB service.
26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
PPB respects the copyright of others, and we ask our users to do the same. PPB may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PPB’s Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; 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; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
PPB’s Agent for Notice of claims of copyright infringement can be reached as follows:
Mr. Mike Flanagan
5382 S hickory St.
27. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and PPB and governs your use of the PPB Service, superseding any prior agreements between you and PPB with respect to the PPB Service.. Choice of Law and Forum. The TOS and the relationship between you and PPB shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and PPB agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Arapahoe, Colorado. Waiver and Severability of Terms. The failure of PPB to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.