TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE OR THE APP.
Updated July 13, 2022
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION IN PARAGRAPH 13 THAT AFFECTS YOUR RIGHTS TO SUE UNDER THE AGREEMENT.
1. Eligibility. The ProBox Services are available only to individuals who can enter into legally binding contracts under applicable law in the jurisdiction of their residence or have obtained proper consent from a legal parent or guardian to access the ProBox Services and can further abide by and comply with these Terms and Conditions.
2. Your Acceptance of the Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the ProBox Services. The Agreement constitutes the entire and only agreement between you and us with respect to your use of the ProBox Services and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site (collectively, the “Content”), and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the ProBox Services. We may amend the Agreement and/or change the Content from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes that arise prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, the App and/or on other ProBox Services, as applicable, and you should review the Agreement prior to using the ProBox Services. By your continued use of the ProBox Services, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.
3. Availability and Access to Services. The availability of the ProBox Services and its Content may be affected by many factors outside of our control, such as cancelled events, delayed events, third party technical glitches, network interruptions, rescheduling or force majeure circumstances. You acknowledge and agree that we are under no obligation to provide You with any specific content or service under the Terms and Conditions.
Not all of the features available through the ProBox Services, including certain content and live streaming programming, will be available to you unless you pay a service or subscription fee associated with said access and your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the ProBox Services. We reserve the right to make changes to the ProBox Services and its Content and the minimum technical requirements for access to the ProBox Services at any time. You are responsible for determining whether your device satisfies the minimum technical requirements before you register to access the ProBox Services. If your device ceases to support or satisfy the minimum technical requirements, your exclusive remedy will be to request termination of your subscription under the provisions set forth herein.
4. Username, Password, Security. Your access to and use of certain Probox Services, including Content of subscription services and Pay Per View events shall require registration of username and password (“Access Credentials”) as well as payment of associated fees. Your Access Credentials shall be kept confidential, protected, and shall not be disseminated or otherwise shared with any third parties in accordance with these Terms and Conditions. Any loss, theft or unauthorized use of your Access Credentials may require additional security measures imposed by ProBox, including resetting your Access Credentials prior to re-access. You are required to immediately report to ProBox any such loss, theft or unauthorized use of your Access Credentials and you agree to cooperate in any investigation by ProBox related thereto. ProBox shall not be liable for any losses resulting from the unauthorized access to your account using your Access Credentials.
5. Subscription Streaming Services; Pay Per View; Payment Method. Subscription Streaming and Pay Per View Services are offered at the prices listed within the ProBox Services and are provided solely for non-commercial, personal and residential or mobile use. Commercial establishments in any jurisdiction throughout the world are strictly prohibited from streaming or otherwise making the ProBox Services and its Content available to its patrons without first obtaining license from ProBox. We reserve the right to modify the price of any Service, at any time, without notice. We utilize third party payment gateway providers for the collection, receipt, and processing of Subscription or Pay Per View Service fees. You may be required to provide complete and accurate information to the payment gateway providers, including, without limitation, your name, address, telephone number, e-mail address, credit card information and billing address. If we are unable to verify or authenticate any information you provide during registration or purchase of ProBox Services, or if we are no longer able to verify or authorize your credit card or bank account information, your subscription and access to our Content may be cancelled, and we may refuse to honor all pending and future purchases made with those credit card or bank accounts. We may also prohibit you from using the ProBox Services.
The subscription fee to be paid for use and access to the ProBox Services and Content will be billed on the date you sign up for the ProBox Services and will continue to be billed on a recurring monthly basis to your chosen Payment Method on the calendar day corresponding to the commencement of your paid subscription or as otherwise specified by the issuer of your Payment Method and shall continue to be billed until you cancel your subscription. You hereby authorize ProBox or its third party provider to charge your credit card on a periodic basis as described in the applicable subscription or Pay Per View product or other services/ products purchased. In some cases, the date for billing may change, for example if your subscription began on a day not contained in a given month.
6. Cancellation; Refund Policy. All fees are final. We reserve the right in our sole discretion to issue a refund. To cancel your subscription, please contact us at support@ProBoxTV.com. You must cancel your subscription as least 72 hours prior to the next billing date in order to avoid getting charged for the upcoming billing cycle.
ProBox reserves the right to cancel any of the ProBox Services or events, at any time, without notice. ProBox does not recommend the use of "single use" credit card numbers or similar "disposable" payment methods. In the event a refund has been approved by ProBox, please note that we may not be able to post refunds for subscriptions or Pay Per View events that are paid through the use of "single use" credit card numbers or similar "disposable" payment methods. If you choose to make payment for your Subscription Services or Pay Per View event through any of these payment payments, you do so at the risk that we may not be able to provide you with a refund under this paragraph.
Pay Per View Events. In the event a Pay Per View event is cancelled, ProBox will make a reasonable effort to refund to the credit card you used to purchase access to the event provided that you have not violated ProBox’s Terms and Conditions. If ProBox is unable to post a refund to your credit card for any reason, you agree that you will forfeit the amount due to you (if any) under this paragraph.
For purchases administered by Endeavor Streaming or any other designated third party collection agent for Pay Per View events, please submit a request for refund directly to Endeavor Streaming.
7. Your Affirmative Representations. When you use the ProBox Services, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) your use of the ProBox Services and Content available through the ProBox Services do not violate any applicable law or regulation; (d) you meet the Eligibility requirements of Section 1; and (e) you will comply with the rules for on-line conduct, as discussed in Section 8 below.
8. Rules Governing ProBox Services and Use; Your Representations and Warranties. The ProBox Services may enable you to access information, including news, articles, and audio/visual streaming content. When you use the ProBox Services, you represent and warrant that you: (a) will not use the ProBox Services for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the ProBox Services or its content without our express written consent; (b) will not install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party; and (c) will not interfere with, disrupt, or create an undue burden on the ProBox Services or the networks or services connected to the ProBox Services, including without limitation, hacking into the ProBox Services, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications (d) will not attempt to gain unauthorized access to the ProBox Services or its related systems or networks; (e) permit direct or indirect access to or use of the ProBox Services or its Content in a way that circumvents a contractual usage limit, or use the ProBox Services or its Content to violate any intellectual property rights; (f) will not modify, copy, reverse engineer, or create derivative works based on the ProBox Services or any part, feature, function or user interface thereof; (g) copy the ProBox Services or its Content except as may be permitted herein; (h) will not create Internet "links" to or from the ProBox Services or its Content, or "frame" or "mirror" any content contained therein; (i) will not use any meta tags, "hidden text", crawlers, robots, spiders, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download information within the ProBox Services, Proprietary Material (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization; (j) will not use the ProBox Services or its Content for any purpose other than for personal use. The ProBox Services and its Content may contain information that you may find explicit or otherwise offensive, erroneous or otherwise inaccurate or outdated.
In the event the ProBox Services contain functionality (such as blogs, message boards, questions and answers, quizzes, user reviews, etc.) that allows users to upload information or content (collectively, "Public Areas"), you agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any individual, group or entity. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to us by email (including through the email addresses listed on the "Contact Us" page) or otherwise, any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to us, you agree such submission is non-confidential for all purposes. If you make any submission to a Public Area, including without limitation, ideas, or inventions to us by email or through the Site or App’s functionality, you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted to us, a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication, submission or content in any media or medium, or any form, format, or forum now known or hereafter developed for any purpose. We may sublicense these rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to us by email. We try to answer every email in a timely manner, but are not always able to do so.
10. Our Intellectual Property Rights. All of the ProBox Services including but not limited to its Content, trademarks, service marks, logos, features, designs, graphics, icons, images, audio, video, software, data, and appearances contained within the ProBox Services ("Marks"), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights not expressly granted in and to the ProBox Services. You agree that you will not circumvent, disable or otherwise interfere with security related features of the ProBox Services or features that: (a) prevent or restrict use or copying of the ProBox Services or its Content, or (b) enforce limitations on use of the ProBox Services. You further agree not to access the ProBox Services by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement. If you violate any of these Terms and Conditions, your permission to use the ProBox Services automatically terminates and you must immediately destroy any copies you have made of any portion of the ProBox Services or its Content. With the exception of the limited licenses granted herein, neither the ProBox Services nor its Content can be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any other purpose whatsoever.
11. Our Management of the ProBox Services / User Misconduct.
- Our ProBox Services Management. We may, but are not required to: (a) monitor the ProBox Services for violations of the Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates the Agreement; and/or (c) manage the ProBox Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the ProBox Services.
- Our Right to Terminate Users. Without limiting any other provision of the Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the ProBox Services and its Content to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in the Agreement, or of any applicable law or regulation.
- Our Right to Temporarily or Permanently Disable and/or Dismantle the ProBox Services. Without limiting any other provision of the Agreement, we reserve the right to, in our sole discretion and without notice or liability, disable and/or dismantle some or all of the ProBox Services and its Content, temporarily or permanently for any reason or for no reason at all.
12. Term and Survival. The Agreement shall remain in full force and effect while you use the ProBox Services. All obligations which expressly or by their nature are to continue after termination, cancellation or expiration of the Agreement shall survive and remain in effect after such happening, including without limitation sections 14, 15, 16, 17, and 18.
13. Advertisements, Searches, and Links. We may provide links to third party websites or content. We do not endorse the content on any third party websites. We are not responsible for the content of linked third party sites, sites framed within the ProBox Services, third party sites provided as search results, or third party offers or advertisements on the ProBox Services or linked to from the ProBox Services (including but not limited to the statements, representations, recommendations, and/or claims made on such third party sites, offers or advertisements), and do not make any representations regarding their content or accuracy. Your use of third party websites and participation in third party offers or advertisements is at your own risk and subject to the terms and conditions of use for such sites, offers or advertisements. We do not endorse any product, service, information, offer, or website advertised through the ProBox Services.
14. Arbitration Agreement and Class Action Waiver.
Scope of Arbitration Agreement and Class Action Waiver. You agree that, by entering into the Agreement, we and you agree to arbitrate all disputes and claims that arise out of the Agreement, except as otherwise set forth herein. Therefore, you agree that, by entering into the Agreement, we and you, and any of our respective successors and/or assigns, are each waiving the right to a trial by jury or to participate in a class action or on bases involving claims brought in a purported representative capacity on behalf of the general public, other ProBox Services users or other persons similarly situated.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST PROBOX PROMOTIONS, LLC OR ITS AFFILIATED ENTITIES, IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to the ProBox Services, any products and/or services that you may apply for or obtain through the ProBox Services, or other marketing activities conducted by us or on our behalf, or by us on behalf of third parties, and/or the Agreement;
- claims arising out of or relating to any aspect of this relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; and
- claims relating hereto that may arise after the termination of the Agreement.
Arbitration Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court in Broward County, Florida. This arbitration provision shall further specifically exclude any dispute over the validity of any party’s intellectual property rights. In the event the arbitration agreement set forth herein is for any reason held to be unenforceable, any litigation against ProBox may be commenced only in a federal or state court located within Broward County, Florida, and we both consent to the jurisdiction of those courts for such purposes.
Arbitration Procedure. A party who intends to seek arbitration must first send to the other, by certified mail, a written demand ("Demand"). The Demand to us should be addressed to: Probox Promotions Legal Dept., 600 West Hillsboro Avenue, Suite 300, Deerfield Beach, FL 33441 ("Demand Address"). The Demand must: (1) describe reasonably the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. If we and you do not reach an agreement to resolve the Demand within 30 days after the Demand is received, we or you may commence an arbitration proceeding.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by the Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to us at the address above. The arbitration shall take place in Broward County, Florida.
The arbitrator is bound by the terms of the Agreement.
All issues are for the arbitrator to decide, except issues relating to the scope and enforceability of this arbitration provision, which are for a court of law to decide.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Unless both we and you agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case, except to enforce the award.
- Arbitration Fees. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees).
- Injunctive Relief. Notwithstanding the arbitration provision herein, we may seek injunctive relief for any violation of our intellectual property or other proprietary rights.
- One Year Limitation on Actions. YOU MUST FILE A DEMAND WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO SUCH DEMAND, OR YOU WAIVE THE RIGHT TO PURSUE ANY DEMAND BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
- Survival of Arbitration Agreement and Class Action Waiver. This section will survive termination of the Agreement.
- Governing Law. All issues concerning the construction, validity and enforcement of the Agreement, or the rights and obligations of the parties, shall be construed and governed by the laws of the State of Florida, without regard to conflicts of law rules. Each party to this Agreement further agrees to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
15. Disclaimers. THE CONTENT AND ALL INFORMATION PROVIDED ON OR THROUGH THE PROBOX SERVICES, INCLUDING BUT NOT LIMITED TO THE APP, SITE, AND SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, AND WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PROBOX SERVICES OR CONTENT. INFORMATION ON THE SITE OR APP MAY BE OUT OF DATE, INACCURATE OR INCOMPLETE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT OR CONTRIBUTIONS, (B) PERSONAL INJURY, HARM, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR CONTENT OR SERVICES, (C) ANY ILLEGAL OR UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND THE PERSONAL INFORMATION OR PAYMENT INFORMATION STORED THEREIN OR WITH ANY THIRD PARTY CONTRACTOR, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PROBOX SERVICES OR CONTENT, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PROBOX SERVICES OR CONTENT BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY PROBOX SERVICES OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PROBOX SERVICES, CONTENT OR INFORMATION POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PROBOX SERVICES. WE, OUR LICENSORS, AND OUR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE, OUR LICENSORS, AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, RELEVANCY, OR TIMELINESS OF THE PROBOX SERVICES, CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE PROBOX SERVICES. Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.
The use of the Probox Services and Content is at your own risk. When using the Probox Services, information will be transmitted over a medium that may be beyond our control and jurisdiction. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Probox Services or access to the Content. Further, we make no warranties that the Probox Services and its Content is appropriate or available for use in other locations. If you access or use the Probox Services and its Content from other jurisdictions, you are responsible for compliance with the local law.
Commentary and other materials posted within the Content, if applicable, are not intended to amount to advice on which reliance should be placed. We disclaim to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the Content or by anyone who may be informed of any of its contents. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be made in writing.
16. COVID-19 WARNING.
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Probox, and any other event organizer— and against any companies affiliated with ProBox—relating to such risks, hazards, and dangers.
17. Limited Liability. IN NO EVENT SHALL WE, OUR MANAGERS, OFFICERS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR ACCESS TO THE SITE, THE APP, OR THE CONTENT, CONTRIBUTIONS, OR ANY OTHER CONTENT THEREIN, OR FOR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU FOR ANY REASON WHATSOEVER RELATED TO THE USE OR ACCESS OF THE SITE, THE APP AND/OR THE CONTENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. PROBOX’S REASONABLE EFFORT TO PROVIDE YOU WITH A REFUND, AS DESCRIBED ABOVE, WILL BE YOUR EXCLUSIVE REMEDY IF YOU OR WE TERMINATE YOUR ACCESS TO THE PROBOX SERVICES, INCLUDING IN THE EVENT THAT YOU CLAIM WE BREACHED OUR OBLIGATIONS TO YOU. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
18. Indemnity. To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless, us, our parents, subsidiaries, affiliates, licensors, and contractors, and our/their respective members, officers, managers, directors, agents, partners, and employees, third party information providers, and all others involved in the delivery of products, services, or information through the Site, the App, and any other sites or mobile applications, features, apps, services, or technologies or the Content (collectively, “Indemnified Parties”), from and against any loss, liability, expense, claim, or demand, including reasonable attorneys’ fees, due to or arising out of, in connection with, or relating to any breach of these Terms and Conditions by you, including your use of the Site, the App, and any other sites or mobile applications, features, apps, services, or technologies that may access the Content or information obtained from the Content. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the services or related website(s).
19. Export Prohibitions. The United States Export Control laws prohibit the export of certain technical data and software within certain territories which may include certain materials found within the Content or access to the Content in general. We do not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws. No software from this Site or the App may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Syria, Libya, the Sudan, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Additionally, access to Probox’s Services may be further limited to certain geographical territories, and can be modified at Probox’s discretion.
- Relationship of the Parties. Nothing in the Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship of any kind between us and any user.
- No Third Party Beneficiaries. The Agreement is between you and us. There are no third party beneficiaries to the Agreement and shall not be deemed to confer any third party rights or benefits.
- Section Titles. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
- Non-Waiver. Our failure to exercise or enforce any right or provision of the Agreement shall not operate as a waiver of such right or provision.
- Severability. The Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of the Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
- Assignment. You may not assign your rights under the Agreement to any third party; we may assign our rights under the Agreement without condition.
- No Modification. No written or oral modification to the Agreement shall be binding upon us unless it is signed in writing by one of our officers.
21. Copyright Infringement Notice. If you are a copyright owner or a representative of a copyright owner and you have a good faith belief that any Content infringes your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to info@ProBoxTV.com with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing that is requested to be removed;
- Your contact information including your name, mailing address, telephone number and email address;
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, representative, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the copyright owner and submit the statement.
22. Contact Us. If you have any questions regarding the Agreement, or would like more information from us, please contact us at info@ProBoxTV.com.