1. Binding Effect
3. Governing Law
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Texas, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Dallas, Texas in all disputes arising out of or related to the use of the site.
The site is intended only for users aged 16 or older. Individuals under the age of 16 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.
5. Use of Software
We may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Pipe Hitter Beard Company for your personal, noncommercial, home use only. We do not transfer either the title or the intellectual property rights to the Software, and we retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Pipe Hitter Beard Company or licensors and you may not copy or use them in any manner.
6. User Content
You grant Pipe Hitter Beard Company a license to use the materials you post to the Site or any service offered. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Pipe Hitter Beard Company, affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Pipe Hitter Beard Company, affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
7. Compliance with Intellectual Property Laws
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
8. Inappropriate Content
9. Copyright Infringement
We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Please visit our DMCA Policy page to view our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. Our DMCA Policy is expressly incorporated into this Agreement by this reference.
10. Alleged Violations
11. No Warranties
We hereby disclaim all warranties. We are making the site available “as-is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. To the maximum extent permitted by law, we expressly disclaim any and all warranties, express or implied, regarding the site, including, but not limited to: Any implied warrantied of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the site or service will meet your requirements or that the operation of the site or service will be uninterrupted or error-free.
12. Limited Liability
Our liability to you is limited. To the maximum extent permitted by law, in no event shall we be liable for damages of any kind (including, but not limited to: special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
13. Affiliated Sites
14. Prohibited Uses
We impose certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by myself in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
All contents of Site or Service are Copyright © 2020 Pipe Hitter Beard Company. All rights reserved.
17. Severability; Waiver
18. No License
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Pipe Hitter Beard Company or by any third party.
We reserve the right to amend these Terms. Should we seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall clearly publish the amended text on this page.
1. Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward-looking.