Terms of Use and Service

for

PUNALUU DATA, LLC WEBSITES

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY PD SITE.

1. CONSIDERATION

Welcome to the Internet sites of PUNALUU DATA.COM, Routetotokyo.com, Hubbardbooks.com and other domains owned and operated by PUNALUU DATA, LLC, (“PD”). "PD Sites" (whether in the singular or the plural) and all of the other Internet sites on which these terms of use are posted. PD and/or PD Sites and any and all entities that control, are controlled by, or are affiliated with or under common control of Punaluu Data, LLC. and/or PD Sites are individually and collectively referred to herein as "we," "us" or "our".

 

By using any of the PD Sites, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the PD Sites. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time in accordance with the procedures set forth below in section 16 labeled "Amendment."

2. GENERAL PRACTICES

You also acknowledge that we may establish general practices and limits concerning use of the PD Sites, including without limitation, limiting the maximum number of days that email messages, message board postings or other uploaded content will be retained by the PD Sites, the maximum number of email messages that may be sent from or received by an account on the PD Sites, the maximum size of any email message that may be sent from or received by an account on the PD Sites, the maximum disk space that will be allotted on the servers for the PD Sites on your behalf, the maximum length of time that an IP address will be assigned for your use, the maximum throughput of traffic from the Internet or associated service (e.g., Usenet, email, web hosting), and the maximum number of times (and the maximum duration for which) you may access the PD Sites in a given period of time. You agree that the PD Sites have no responsibility or liability for the deletion, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the PD Sites, or for other content maintained or transmitted by the PD Sites. You acknowledge that the PD Sites reserve the right to log off accounts that are, or disconnect a session that is, inactive for an extended period of time. You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the PD Sites and receipt of data, materials and information available at or through the PD Sites, the possibility of our review, use or display of your Submissions (as defined below in section 4 labeled "Submissions"), and the possibility of publicity and promotion from our review, use or display of your Submissions. We shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by us and we reserve, in our sole discretion, the right to change or remove any and all such IP numbers and addresses.

 

3. RESTRICTIONS ON USE OF MATERIALS

Unless otherwise specified, the materials in the PD Sites are presented primarily for citizens and residents of the United States and its territories, possessions, and protectorates. We are controlled and operated from our offices in the United States. We make no representation that materials on the PD Sites are appropriate or available for use in any particular location. Those who choose to access the PD Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

All information, content and materials contained on PD Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. No information, content or material from any PD Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your personal, noncommercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the information, content or materials, (c) you do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands, (d) you do not download information, content or materials so as to avoid future downloads from any PD Site and (e) you do not copy or distribute the information, content or materials to any other person or entity. The use of any information, content or materials on a PD Site on any other Web site or computer environment is prohibited.

 

The PD Sites are only for your personal use. You may not use the PD Sites for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

 

In the event that you download Software, Digital Content, Videos, and Products from any PD Site, the Software, Digital Content, Videos, and Products including any files, images incorporated in or generated by the Software, Digital Content, Videos, and Products and data accompanying the Software, Digital Content, Videos, and Products (collectively, the "Software, Digital Content, Videos, and Products") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software, Digital Content, Videos, and Products to you. You may own the medium on which the Software, Digital Content, Videos, and Products resides, but we or our third-party licensors retain full and complete title to the Software, Digital Content, Videos, and Products and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Software, Digital Content, Videos, and Products to a human-readable form or machine-readable form unless rights are explicitly granted by PD in writing. Software, Digital Content, Videos, and Products from PD Sites are further subject to United States export controls. Without limiting the generality of the foregoing, no Software, Digital Content, Videos, and Products from any PD Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the U.S.; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, Digital Content, Videos, and Products you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.

 

4. Website Content Disclaimer

THIS DISCLAIMER IS AN IMPORTANT LEGAL AND BINDING AGREEMENT BETWEEN YOU AND PUNALUU DATA, LLC FOR THE WEBSITE YOU ARE ABOUT TO USE.

 

WHEN YOU USE ANY WEBSITE CREATED BY PUNALUU DATA, LLC YOU ARE STATING THAT YOU HAVE READ, UNDERSTOOD AND ARE CONSENTING TO BE BOUND BY THE FOLLOWING DISCLAIMER.

 

DISCLAIMER

 

            NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, BY USING THIS WEBSITE, YOU HEREBY UNDERSTAND AND AGREE THAT:

1. PUNALUU DATA, LLC CONTENT DOES NOT REPRESENT AND IS NOT INTENDED TO PROVIDE LEGAL ADVICE, INVESTMENT ADVICE, OR TAX ADVICE. IF YOU, AS THE USER, NEED LEGAL ADVICE YOU MUST CONTACT YOUR OWN LAWYER FOR THAT ADVICE. IF YOU, AS THE USER, NEED FINANCIAL OR TAX ADVICE YOU MUST CONTACT YOUR FINANCIAL OR TAX ADVISER.

2. THE INFORMATION IN THIS WEBSITE DOES NOT AND IS NOT INTENDED TO IMPROVE THE USER’S CREDIT RATING OR FINANCIAL SOLVENCY.

3. THE PROVIDERS OF THIS PROGRAM DO NOT AND WILL NOT MAKE CONTACT WITH ANY CREDITOR OR ANY FINANCIAL INSTITUTION ON BEHALF OF USER FOR ANY PURPOSE WHATSOEVER.

4. THE SOFTWARE, DIGITAL CONTENT, VIDEOS, AND PRODUCTS DOES NOT REPRESENT AND IS NOT INTENDED TO PROVIDE FORMAL ACADEMIC EDUCATION. IF YOU, AS THE USER, NEED FORMAL EDUCATION YOU MUST CONTACT YOUR OWN LOCAL EDUCATIONAL INSTITUTION.

5. THIS SOFTWARE, DIGITAL CONTENT, VIDEOS, AND PRODUCTS DOES NOT AND IS NOT INTENDED TO PREPARE THE USER FOR ANY STANDARD OR NON-STANDARD TESTING PROGRAM.

6. USE OF THIS SOFTWARE, DIGITAL CONTENT, VIDEOS, AND PRODUCTS DOES NOT GUARANTEE THAT ALL OR ANY OF ONE’S ACADEMIC GRADES WILL IMPROVE.

7. IT IS NOT POSSIBLE FOR THE USER TO OBTAIN ANY CERTIFICATIONS, CERTIFICATES, OR DIPLOMAS THROUGH THIS SOFTWARE, DIGITAL CONTENT, VIDEOS, AND PRODUCTS, TRAINING MATERIALS OR ITS RELATED ONLINE PROGRAM, DIGITAL CONTENT, AND PRODUCTS.

8. THE PROVIDERS OF THIS PROGRAM DO NOT AND WILL NOT MAKE CONTACT WITH ANY TEACHER OR ANY EDUCATIONAL INSTITUTION ON BEHALF USER FOR ANY PURPOSE WHATSOEVER.

9. THE EXAMPLES SET FORTH IN THE SOFTWARE, DIGITAL CONTENT, VIDEOS, AND PRODUCTS ARE FOR INFORMATIONAL PURPOSES ONLY. ALTHOUGH THE EXAMPLES ARE BASED UPON ACTUAL PERSONS AND ACTUAL EVENTS, UNLESS DOCUMENTED IN THE TEXT ALL EXAMPLES ARE FICTICIOUS AND ANY SIMILARITY TO ANY PERSON ALIVE OR DEAD OR TO ANY ACTUAL EVENT IS PURELY COINCIDENTAL.

10. THERE IS NO WARRANTY OR GUARANTEE THAT USE OF ANYTHING ON PD SITES WILL PROVIDE ANY BENEFIT WHATSOEVER TO THE USER.

 

5. SUBMISSIONS

We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider unsolicited creative ideas, tutorials, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or under the direction of us might seem to others to be similar to their own creative work. Please do not send us any unsolicited materials such as ideas, concepts, pitches, suggestions, stories, tutorials, formats, artwork, photographs, drawings, videos, audiovisual works, video games (including animations), sound recordings, program formats, characterizations and/or other similar materials ("Unsolicited Submissions").

 

If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, or through features or activities on any PD Site (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (defined below in section 6 labeled "PUBLIC FORUMS AND COMMUNICATION")), you submit, post or otherwise send us any information, content or materials including, without limitation, data, text, messages, files, images, photographs, videos, audiovisual works, video games (including animations), tutorials, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, video games (including animations), tutorials, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions and other biographical information or material, web pages and any other materials (collectively, "User-Generated Content") through such features or activities (such User-Generated Content, together with Unsolicited Submissions, the "Submissions"), we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any User-Generated Content constitutes a Submission, such User-Generated Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify (including, without limitation, removing animations and graphics from any Submission or substituting the animations and graphics in any Submission with graphics and animations selected by us), adapt, translate, create derivative works based upon and publicly perform such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on PD Sites, on third party web sites, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "Submissions License"). To the extent that we solicit Submissions through features or activities on PD Sites (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (defined below in section 6 labeled "PUBLIC FORUMS AND COMMUNICATION")) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us (and our licensees, distributors, agents, representatives and other authorized users). If such rights are not assigned to us (and our licensees, distributors, agents, representatives and other authorized users), your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.

 

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

 

The terms of the Submissions License shall govern our right to use all Submissions. If terms other than the Submissions License govern the submission of, and our right to use, User-Generated Content submitted in connection with a particular PD Site feature or activity, such other terms shall be posted at the applicable PD Site feature or activity and shall supersede the terms of the Submissions License; provided however, that in such instances, all provisions of these terms of use other than the Submissions License shall continue to apply to such PD Site feature or activity (unless otherwise stated in the terms and conditions applicable to the particular PD Site feature or activity).

Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

 

6. PUBLIC FORUMS AND COMMUNICATION

"Public Forum" means an area, site or feature offered as part of any PD Site that enables users or visitors of any PD Site (a) to submit, post, display and/or view User-Generated Content and/or (b) to communicate, share or exchange User-Generated Content with other PD Site users, visitors and members of the general public including, without limitation, discussion board, or e-mail function (including, but not limited to, Contact Us and e-mails).

 

You acknowledge that anything you submit to a PD Site by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a Public Forum, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the User-Generated Content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

 

We reserve the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

 

When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content contained in a Public Forum, and we shall not be responsible for any decisions made or actions taken or not taken based on such information or content.

 

Your ability to access and browse User-Generated Content within a Public Forum and/or to submit and/or post User-Generated Content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.

 

7. VIDEOS AND VIDEO GAMES

Special terms apply to videos and video game sales, so where there is a conflict or inconsistency between this Video and Video Game section and any other sections of our policies, the policies stated in this section will apply to videos and video game sales.

 

Videos and video games purchased through PD sites are intended for personal use only. We do not allow the resale of any video or video game. If you are found to be reselling or brokering games that you purchased through PD sites for profit, we reserve the right to cancel your access to PD sites and all pending orders without refund.

 

By placing your order for videos and video games, you acknowledge that you agree to the terms set forth herein.

Limited Warranty

PD warrants that any copies of the Licensed Videos or Video Games accessed by Users within an approved browser will perform substantially in accordance with the Documentation for a period of thirty (30) days from the date of delivery to User. User’s sole and exclusive remedy for any breach of this Section will be repair of the Licensed Video or Video Game. Any corrected video or video game will be warranted for thirty (30) days. These warranties are void if any defect is caused by abuse or misapplication of the Licensed Video or Video Game, whether or not by accident.

Video and Video Games Disclaimer

EXCEPT FOR THE LIMITED WARRANTIES PROVIDED ABOVE, THE PRODUCTS AND SERVICES (IF ANY) PROVIDED BY PD UNDER THIS AGREEMENT ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PD MAKES NO WARRANTY, AND PROVIDES NO ASSURANCES, THAT THE LICENSED SOFTWARE, DIGITAL CONTENT, VIDEOS, AND PRODUCTS OR VIDEO GAME WILL MEET CERTIFICATION REQUIREMENTS OF ANY REGULATORY OR LICENSING AGENCY OUTSIDE THE UNITED STATES. PD AND ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS IN THE LICENSED SOFTWARE, DIGITAL CONTENT, VIDEOS, AND VIDEO GAMES MEET THE REQUIREMENTS OF USER OR THAT OPERATION OF THE LICENSED SOFTWARE, DIGITAL CONTENT, VIDEOS, AND PRODUCTS OR VIDEO GAME WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED AND HEREBY DISCLAIM ALL LIABILITY ON ACCOUNT THEREOF. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PD, ITS SUPPLIERS, OR ITS OR THEIR DEALERS, LICENSEES, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTIES PROVIDED ABOVE, AND DISTRIBUTOR MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

8. HOUSE RULES

The following is a list of House Rules applicable to the PD Sites. By using the PD Sites, you agree that:

1. You will not submit, post, upload, distribute, or otherwise make available or transmit any User-Generated Content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person or is generally in bad taste; (b) is bigoted, hateful, or racially or otherwise offensive through use of language, images, stereotypical depiction or otherwise; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or (f) does not comply with all terms and conditions applicable to the Submissions License (set forth above in section 4 labeled "SUBMISSIONS");
2. You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize us to use, distribute or otherwise exploit in all manners permitted by these terms of use (including, without limitation, the Submissions License), all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any User-Generated Content that you submit, post, upload, distribute or otherwise make available or transmit. As stated above with respect to the Submissions License (set forth above in section 4 labeled "SUBMISSIONS"), to the extent that any Submissions submitted and/or posted by you contain original graphics, games, or animations, you hereby represent that all video games (including animations) contained in such Submissions are available for licensing to us directly and you hereby grant us a perpetual, non-exclusive and irrevocable license to publish each and every video game (including animations) contained in such Submissions;
3. You will not (a) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any Public Forum for commercial purposes of any kind, or (b) use any product or service available on any PD Site (including, without limitation, video games, tutorials, e-mail functions (e.g., contact-a-tutor e-mails) and RSS feeds or other similar type feeds) for commercial purposes of any kind;
4. You will not submit, post, upload, distribute, or otherwise make available or transmit any Software, Digital Content, Videos, and Products or other computer files that contain a virus or other harmful component, or otherwise impair or damage the PD Sites or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the PD Sites;
5. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph;
6. You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," “pyramid schemes”, “chain letters” and "griefing" as those terms are commonly understood and used on the Internet;
7. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
8. You will not submit, post, upload, distribute or otherwise make available or transmit any User-Generated Content or make statements in any Public Forum that do not generally pertain to the designated topic or theme of the Public Forum;
9. You will not submit, post, upload, distribute or otherwise make available or transmit (or attempt to submit, post, upload, distribute or otherwise attempt to make available or transmit) any User-Generated Content in violation of a Public Forum's restrictions including, but not limited to, its age restrictions, procedures and/or these terms of use; and
10. You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.
11. You will not use excessive amounts of CPU processing on any of our servers. Any violation of this policy may result in corrective action by us, in our sole discretion, including assessment of additional charges, disconnection or discontinuance of your membership, or termination of this Agreement. In the event that we elect to take any corrective action, you shall not be entitled to a refund of any fees paid in advance prior to such corrective action.
12. You will not violate any applicable local, state, national or international law, rules or regulations.
13. You will not collect or store personal data about other uses.
14. You will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior express written permission,
15. You will not attempt to gain unauthorized access to any part of the Site including without limitation, other accounts, computer systems or networks connected to the PD Sites, through hacking, password mining or any other means.
16. You will not engage in any activity that interferes with any third party’s ability to use or enjoy the PD Sites, assist any third party in engaging in any activity prohibited by these terms or solicit personal information from, harm or otherwise attempt to harm minors, in any way.
17. You agree not to use the PD Sites for any commercial purpose, such as conducting sales of games, merchandise or services of any kind. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling games of any kind.
     

We cannot and do not assure that other users are or will be complying with the foregoing House Rules or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. By using the Site, you assume this risk. However, we reserve the right, but have no obligation, (i) to monitor interactions between you and other users of the PD Sites; (ii) to prevent you from submitting User Content that is inconsistent with our standards, stated above; (iii) to edit, restrict or remove User Content for any reason at any time; and (iv) to take any other action in good faith to restrict access to or the availability of any User Content that we, or another user, may consider to be inconsistent with the standards described above. If you discover this kind of User Content on the PD Sites, please notify us at legal@punaluudata.com. Should we monitor User Content, we still will assume no responsibility for any inappropriate User Content, or for the conduct of any user who submits it, and or to remove inappropriate User Content form the PD Sites. If we prevent your User Content from being submitted, or edit, restrict, or remove it from the PD Sites, you may not hold us accountable under any circumstances.

 

To the extent that any feature on a PD Site requires you to submit your e-mail address in order to send an e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address. Any business use, "re-mailing," or other high-volume application is strictly prohibited. You are not permitted to send e-mails or messages using an automated program. Tutorials, e-mails, comments, blog, and discussion board content may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver e-mails, questions to tutors, and discussion board messages that violate these guidelines.

 

WE MAY CHANGE THE PD SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

 

9. OUR CONTENT REMOVAL RIGHTS

We reserve the right, but disclaim any obligation or responsibility, to remove any User-Generated Content from any PD Site (a) that violates these terms of use (including, without limitation, the House Rules) and (b) to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a PD Site in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such User-Generated Content and turn all or a portion thereof over to law enforcement officials.

 

10. CONTENT LINKED TO ANY PD SITE

You should be aware that when you are on a PD Site, you could be directed to other sites that are beyond our control. There may be links to other sites from pages on PD Sites that take you outside of our service. For example, if you click on a sponsor logo, banner advertisement, or a search result, the click may take you off the PD Site. This includes links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves a PDs Site, the site you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links from third-party sites to any PD Site, although we are under no obligation to do so.

 

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a PD Site.

 

11. DISCLAIMER

THE INFORMATION, CONTENT AND MATERIALS ON PD SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY PD SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PD SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY PD SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY PD SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from any PD Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any PD Site or third-party information, content or materials contained on our sites (including, without limitation, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

 

12. INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY PD SITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A PD SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR US$50.00 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY PD SITE.

 

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.

 

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE PD SITES AND ANY WEB SITE, SERVICE, SOFTWARE, DIGITAL CONTENT, VIDEOS, AND PRODUCTS OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE PD SITES IN AN ACCURATE OR TIMELY MANNER.

 

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

 

14. JURISDICTIONAL AND VENUE ISSUES

You agree that any action at law or in equity arising out of or relating to these terms of use shall be submitted exclusively to confidential binding arbitration in Denton County, Texas and you hereby consent and submit to the personal jurisdiction of arbitration for the purposes of resolving any such action. Arbitration under these terms will be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms will be joined to an arbitration involving any other party subject to these terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate the intellectual property rights of PD Sites, these persons or entities may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Those who choose to access a PD Site do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.

 

15. AMENDMENT

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of any PD Site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.

 

16. SUBSCRIPTION TERMINATION

Once your debit/credit card has been charged, your subscription membership purchase is non-refundable. Your annual subscription will auto-renew until you decide to cancel. You must notify us at least 15 days prior to the day that your annual subscription will otherwise auto-renew to avoid being charged the renewal fee for such subscription period. For security, all cancellation requests must be made by the primary contact person on the account who must provide sufficient identification. Any cancellation request shall be effective upon receipt, unless another date is specified in such cancellation request. You can cancel online by visiting your "Account" area on the site. We reserve the right to terminate any subscription membership at any time, at our discretion, with or without notice to you, if you violate any of these terms. Any cancellation by us shall not relieve you of any obligations to pay fees accrued prior to such cancellation. In the event of such a cancellation, we shall have no liability to you or any third party. Upon such termination, we: (i) may immediately deactivate or delete your account and all related information and files in such accounts and/or bar any further access to such account or files; and (ii) will not be obligated to refund any part of your subscription membership or any other fees you have paid to the PD Sites.

 

17. GENERAL PROVISIONS

The PD Sites are based in and operated from the United States of America. Information which you send to us by email or which we gather from you when you visit our website is held and processed in the United States of America. These terms shall be binding upon and inure to our benefit, and our successors, and assigns. You may not assign these terms without our prior written consent. These terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. These terms of use shall be governed by and construed in accordance with the laws of the State of Texas and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY PD SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

 

Notification must be submitted to the following Designated Agent:

 

Service Provider: Punaluu Data, LLC

 

Name of Agent Designated to Receive Notification of Claimed Infringement: Elizabeth Hubbard

 

Full Address of Designated Agent to Which Notification Should be Sent: P.O. Box 181 Krum, TX 76249-0181

 

Telephone Number of Designated Agent: (940) 594-9051

 

E-Mail Address of Designated Agent: legal@punaluudata.com

 

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

We may give notice to our users by means of a general notice on any PD Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;

2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which PD may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

19. TRANSLATIONS

As a convenience to our members, we have occasionally and in our sole discretion provided versions of these terms in languages other than English (each, a "Translation"). We have attempted to make the Translations accurate, but we cannot be responsible in the event of any errors, inaccuracies or discrepancies in the Translations. Accordingly, if there is any conflict in meaning between a Translation and these terms, these terms in the English language shall govern and be given precedence. Furthermore, we do not provide any customer service in any language other than English, and cannot take responsibility for any problems or issues that may arise as a result of this fact.

 

 

 

Last Updated 05/06/21