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Terms and Conditions

WWW.PUBCLUB.COM Legal Notices Revised April 18, 2000------------------
--------------------------------- Copyright Notice Copyright ©

www.PubClub.com, All rights reserved.

Pubclub.Com Terms and Conditions

Welcome to PubClub.com. To ensure that you enjoy the highest standards of quality and service during your visits to the site, we encourage you to read through the following information. These legal notices spell out the terms and conditions to which Users are expected to adhere.

TERMS OF SERVICE

1. PUBCLUB.COM CONTENT AND USER SUBMISSIONS

1.1 The contents of www.PubClub.com, Inc. Internet service ("the Service") are intended for the personal, noncommercial use of its Users. All materials published on PubClub.com (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as "The Content") are protected by copyright and other intellectual property laws, and are owned or controlled by www.PubClub.com, or the party credited as the provider of the content, software or other materials. User shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Service.

1.2 The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in Section 1 of this Terms of Service, User may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms of Service), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.

1.3 User may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary notices including copyright notice.

2. FORUMS AND DISCUSSIONS

2.1 User shall not upload to, or distribute or otherwise publish through, the Service any Content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or otherwise violates any law. Please use your best judgment and be respectful of other individuals using the bulletin boards. Do not use vulgar, abusive or hateful language. Bulletin boards within these sites and services are provided to give our users an interesting and stimulating forum in which they may express their opinions and share their ideas. PubClub does not endorse the opinions placed on these bulletin boards. User acknowledges that any submissions (e.g. posting by The Bartender, Review or Commentary) may be edited, removed, modified, published, transmitted and displayed by Pubclub. In addition, user warrants that all moral rights in any uploaded materials have been waived.

2.2 The Forums shall be used only in a noncommercial manner. User shall not, without the express approval of PubClub, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services which are competitive with PubClub.com and the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.

2.3 While PubClub.com does not and cannot review every message posted by Users in the Forums and is not responsible for any content of these messages, PubClub reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this User Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. Users shall remain solely responsible for the content of their messages.

3. ACCESS AND AVAILABILITY OF SERVICES AND LINKS

3.1 PubClub.com contains links to other related World Wide Web Internet sites, resources and sponsors of PubClub.com. Selection of an ad banner or link redirects User off of PubClub.com to a third party. Transactions that occur between the User and the third party are strictly between the User and the third party and are not the responsibility of PubClub.com. Because PubClub.com is not responsible for the availability of these outside resources or their contents, User should direct any concerns regarding any external link to its site administrator or Webmaster.

4. REPRESENTATIONS AND WARRANTIES

4.1User represents, warrants and covenants (a) that no materials of any kind submitted by User or PubClub.comís use thereof in accordance with the terms and conditions of this User Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that user is at least 18 years old. User hereby indemnifies, defends and holds PubClub and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User of the User Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. User shall cooperate as fully as reasonably required in the defense of any claim. PubClub reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.

4.2 PubClub.com neither represents nor endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any User, information provider or any other person or entity. PUBCLUB.COM, THE SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY PUBCLUB.COM OR THIRD PARTIES THROUGH PUBCLUB.COM AND THE SERVICE ARE PROVIDED "AS IS." PUBCLUB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. PUBCLUB SHALL NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY PUBCLUB OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF PUBCLUB HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

4.3 User hereby acknowledges that use of the Service is at User's sole risk.

5. SOFTWARE LICENSES

5.1 User shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to User to access the Service ("Access Software"). User may not sublicense, assign or transfer any licenses granted by PubClub.com, and any attempt at such sublicense, assignment or transfer is void. User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse, engineer or create derivative works from Access Software.

6. TERMINATION

6.1 PubClub may, in its sole discretion, terminate or suspend User's access to all or part of the service for any reason, including, without limitation, breach of the Terms of Service.

6.2 Users of PubClub.com acknowledge that site administrators have the right to terminate use without notice for any User who restricts, inhibits or disrupts any PubClub.com event or attempts to alter or improperly access any feature or function of the site. A User's access may also be subject to termination if the User posts or transmits any illegal content; harasses or threatens any PubClub.com User or PubClub employee; posts content (including the creation of usernames) that is offensive or otherwise disruptive of PubClub.com activities; posts unsolicited advertising; or improperly impersonates a PubClub.colm employee or other individual.

7. MISCELLANEOUS

7.1This User Agreement has been made in and shall be construed and enforced in accordance with California law. Any action to enforce this agreement shall be brought in the federal or state courts located in Los Angeles.

7.2 Official correspondence must be sent via postal mail to:www.PubClub.com Inc. Attention: Administrative Staff, 4413 The Strand Manhattan Beach, CA 90266

PUB.CLUB.COM Online Privacy Statement

At PUBCLUB.COM we share our subscribers' concerns regarding the use of personal information and we are committed to protecting your right to privacy. This statement is intended to explain how we use the information that we collect when a consumer subscribes to PUBCLUB.COM. We must gather personal information in order to fulfill a subscription to PUBCLUB.COM and to communicate effectively with our readers.

Occasionally, PubClub.com may contact subscribers with special offers, or we may make portions of our subscriber list available to carefully screened companies that offer products and services we believe you may enjoy. If you do not want to receive these offers and/or information, and you would like to have your name removed from our marketing files, please email or write to us at one of the addresses below. (You may opt out from lists used for either online or regular mail solicitation purposes.)

Please understand that PubClub.com may prepare mailings several months in advance and therefore, you could be contacted even after you have requested to be removed from our mailing lists. We apologize for any inconvenience this may cause and assure you that we will handle your request quickly. Your name will not be included in mailings prepared after your request is processed.

From time to time, we may put up a survey requesting demographic data or opinions from our consumers. This information may be used by our Editorial, Marketing or Advertising departments in order understand our audience better. We do not need to collect this type of data to fulfill your magazine subscription. Surveys of this type should be completed at your discretion.

To contact us about any subscription-related question please email us at bartender@pubclub.com or send a letter to the following address. (Please include your full name and address in your correspondence.)

Miscellaneous Disclaimers Regarding Messsage Boards: www.PubClub.com does not edit or pre-screen content that appears in newsgroups or chat areas, but the administrators reserve the right to remove content we consider inappropriate. PubClub.com disclaims any liability with respect to content in the newsgroups or chat areas.

Custodian of Records Custodian of records is Allan Kidd. All records required by law to be maintained by Publisher are located at 1300 The Strand, Suite C, Manhattan Beach, CA 90266

PUBCLUB.COM, 4413 The Strand, Manhattan Beach, CA 90266

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