1. About the Terms & Conditions and PhoenixBizz Web site
Within these Web site Terms of Service (“Terms”) the term “PB” or “we” will refer to Phoeniz Bizz, a division of Sofvue, LLC, and their respective subsidiaries and affiliates that own and operate Web sites and Internet services on their behalf. The term “you” refers to you as a user of Phoeniz Bizz, a division of Sofvue, LLC, Web sites or Internet services described below.
What do these Terms cover?
These Terms set forth the terms and conditions through which PB will permit you to use these PB-owned and operated Web sites and services:
the Web sites www.phoenixbizz.com (the “PB Sites”)
What is outside the scope of these Terms?
2. Accepting These Terms
In order for you to use any of the PB Web site, you must first agree to abide by the Terms. You can accept these Terms by:
Checking the box next to “I have read and agree to the Terms of Service” (or similar language); or
Using any of the PB Web site, in which case you understand and agree that these Terms will apply to your use of those services (or any parts of them).
Before you continue to use the PB Web site, you should print or save a local copy of the Terms for your records.
In order to use the PB Web site you may be required to provide information about yourself (such as identification or contact details) as part of the registration process. You agree that any registration information you give to PB will be accurate, correct, and current.
4. Prohibited Uses
You specifically agree not to:
use the PB Web site to undertake or accomplish any unlawful purpose, including but not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation; post, store, send, transmit, or disseminate on the PB Web site any information or material which a reasonable person could deem to be unlawful; upload, post, publish, transmit, reproduce, create derivative works of, or distribute on the PB Web site in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner; post on the PB Web site unsolicited bulk or commercial messages commonly known as “spam;” send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupt a blog, newsgroup, chat, or similar feature of the PB Web site; initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme through the PB Web site;
participate in the collection of very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent) from the PB Web site, a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity; collect responses from unsolicited bulk messages posted on the PB Web site; impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”) on the PB Web site;
restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the PB Web site (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information; register under the name of, nor attempt to use the PB Web site under the name of, another person; allow another person to access the PB Web site using your credentials; access (or attempt to access) the PB Web site through any automated means (including use of scripts or web crawlers), except through APIs or other interfaces specifically provided for this purpose, or violate the instructions set out in any robots.txt or similar file present within the PB Web site; engage in the systematic retrieval of data or other content from the PB Web site, except though APIs or other interfaces specifically provided for this purpose, to create or compile, directly or indirectly, a collection, compilation, database or directory, without PB’s prior written consent; capture, rip, download, or otherwise create a copy of any content that is shown on the PB Sites without obtaining any required permission of the content owner; or take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any movie or other entertainment program, service or product that may be presented by the PB Service.
5. Your Passwords and Unauthorized Use of Your Account
You agree and understand that you are responsible for maintaining the confidentiality of the password(s) you use to access the PB Web site. Accordingly, you agree that you will be solely responsible to PB for all activities that occur under your PB Web site accounts, and will be responsible for any breach of these Terms caused by these activities. If you become aware of any unauthorized use of your password or of your account, you agree to notify PB immediately.
6. Privacy and Your Personal Information
7. Content on the PB Web site
The PB Web site will allow you to access information, such as collections of data, video, audio, or other multimedia, and photographs and other static images (the “Content”). This Content may be owned by PB, other companies that give PB the right to distribute their Content, or users of the PB Web site (like you). PB grants you a limited license to view the Content and to use the PB Web site for personal, non-commercial purposes as set forth in these Terms or in a manner that does not require a license. Unless the Content was legally posted by you on the PB Web site, you may not distribute copies of the Content in any form (including by e-mail or other electronic means), without prior written permission from its owner except as permitted by law. Of course, you are free to encourage others to access the Content and to tell them how to find it.
In addition, our Content providers want to remind you that you must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by PB in writing. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of charge.
You understand that by using the PB Web site you may be exposed to Content that you may find offensive, indecent or objectionable. In this respect, you use the PB Web site at your own risk. If you would like to use them, there are commercially available services and software that can limit exposure to material that you may find objectionable.
8. User Submissions
Some of the material appearing on the PB Web site will be provided by users. PB does not claim ownership of any material that users submit or post on the PB Web site. You agree that you are solely responsible for (and that PB has no responsibility to you or to any third party for) any material that you create, transmit, or display while using the PB Web site, and for the consequences of your actions (including any loss or damage which PB may suffer) by doing so. Further, you agree that, with respect to any communication you submit to us for posting on the PB Web site, you will not: (i) include any content that violates a third party’s copyright or other proprietary or privacy rights; (ii) publish falsehoods or misrepresentations portrayed as fact; or (iii) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise clearly inappropriate.
If you post any content to the PB Web site, you hereby grant PB and its licensees a worldwide, royalty-free, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute the content, on or in connection with the PB Web site or the promotion of the PB Web site, and incorporate it in other works, in whole or in part, in any manner. You represent and warrant that you own the content or otherwise have sufficient rights in it to grant to PB the license set forth in this section without infringing or violating the rights of any third party. If you remove content that you have posted to the PB Web site or terminate your PB Web site account, this license will automatically expire, with a few limited exceptions. PB may retain, but will not actively use, copies of your data that were archived in the normal course of PB’s database backups. In addition, copies of content that you have shared with other users of the PB Web site may be retained by PB and associated with those other users’ accounts in order to provide them with the PB Web site. PB does not assert any ownership over content that you post to the PB Web site; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all content you post to the PB Web site and any intellectual property rights or other proprietary rights associated with the content.
The PB Web site may also contain links to community forums, bulletin boards, chat rooms, and blogs about the various PB Web offerings. Children under the age of 13 should not post in any of the forums, boards, chat rooms, blogs, other editorial sections of the PB Web site. Participants in these forums, bulletin boards, chat rooms, and blogs are solely responsible for all content that they post there. PB retains the right, but not the obligation, to correct any errors or omissions in any of this content, as it may determine in its sole discretion. PB further reserve the right to delete or remove any content from the forums or blogs without prior notice or liability. You agree that your participation in these forums, bulletin boards, chat rooms, and blogs will at all times conform with these policies.
PB reserves the right, but does not assume any obligation, to review any user submission prior to its display on the PB Web site using automated tools or manual processes. PB may refuse to display or remove any user submission from the PB Web site for any reason in our sole discretion. However, we will typically only do so when we become aware that the material in question is harmful, clearly illegal, or likely to be considered highly offensive or objectionable to a large segment of our users.
PB welcomes your feedback about the PB Web site. PB asks that you limit your feedback to the PB Web site. Any communications you send to PB are deemed to be submitted on a non-confidential basis and become the sole property of PB. PB may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All of these uses by PB shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any of these communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of the communications and without liability to that person.
10. Proprietary Rights
You acknowledge and agree that PB (or PB’s licensors) own all legal right, title, and interest in and to the PB Web site, including any intellectual property rights which subsist in the PB Web site (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with PB, nothing in the Terms gives you a right to use any of PB’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features except as permitted by law. If you have been given an explicit right to use any of these brand features in a separate written agreement with PB, then you agree that your use of these features shall be in compliance with that agreement, any applicable provisions of the Terms, and PB’s brand feature use guidelines as updated from time to time.
Unless you have been expressly authorized to do so in writing by PB, you agree that in using the PB Web site, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of these marks, names or logos.
11. Linking to the PB Sites
PB welcomes links to the homepages of any of the PB Sites. You are free to establish a hypertext link to these homepages so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by PB. PB does not permit framing or inline linking to the PB Sites or any portions of them.
12. License from PB
PB gives you a worldwide, non-assignable and non-exclusive license to use the PB Web site for your personal, non-commercial use on the terms and conditions described in these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the PB Web site as provided by PB, in the manner permitted by the Terms.
13. Discontinuing Use of the PB Web site and Termination of the Terms; Provisions That Remain in Effect after Termination
The Terms apply to all users of the PB Web site. Except as described below, depending on whether you are an unregistered user or a registered user, you can discontinue your use of the PB Web site so that these Terms no longer apply to you.
If you use any of the PB Web site (or parts of those services) that are accessible without registration, you may discontinue use of those services at any time. Doing so will terminate the Terms. If you breach any provision of these Terms or other applicable policies, or for any other reason, PB reserves the right to restrict, suspend, or terminate your use of the PB Web site and terminate the Terms. We may take these actions with or without notice to you. Because unregistered users are generally unknown to us, in most cases we will be unable to give notice of these actions.
If you use any of the PB Web site (or parts of those services) as a registered user, you may terminate your registered user account at any time. Doing so will delete your account and, because you can no longer use the service associated with that account, terminate the Terms with respect to that service. If you breach any provision of these Terms or other applicable policies, or for any other reason, PB reserves the right to restrict, suspend, or terminate your registered user account for any or all of the PB Web site and terminate the Terms. We may take these actions with or without notice to you. Because registered users are known to us, however, we will generally use reasonable efforts to give notice of these actions.
Currently, registered user accounts for phoenixbizz.com cannot be deleted solely for the Web site.
Sections 8, 10, 13 through 16, and 22 of these Terms will survive termination, and shall continue to apply indefinitely.
14. EXCLUSION OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE PB Web site IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE PB Web site, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THE PB Web site OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE PB Web site.
THE PB Web site ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” PB AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE PB Web site, NOR DO THEY GUARANTEE THAT THE PB Web site WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE PB Web site WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PB (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE PB Web site, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF THESE DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THESE STATES, THE LIABILITY OF PB AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE STATE LAW. YOU AGREE THAT THE LIABILITY OF PB (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE PB Web site SHALL NOT EXCEED THE AMOUNT YOU PAID TO PB FOR THE USE OF THE PB Web site.
You agree to indemnify, defend, and hold harmless PB (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms or unauthorized use of the PB Web site. PB reserves the right, at its election to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with PB in connection with our defense.
17. Copyright Infringement
PB is committed to complying with U.S. copyright and related laws, and requires all users of the PB Web site to comply with these laws. Accordingly, you may not use the PB Web site to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.
If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the PB Web site, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA”) by sending PB’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon PB’s receipt of a satisfactory notice of claimed infringement, PB will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) accessible through the PB Web site or (ii) to disable access to the work(s). It is PB’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to the PB Web site (or any part of those services) for any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who PB, in its sole discretion, believes is infringing these rights. PB may terminate access to the PB Web site at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to PB. Upon PB’s receipt of a counter notification that satisfies the requirements of DMCA, PB will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that PB will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Copyright owners may send PB a notification of claimed infringement to report alleged infringements of their works to:
Attn: Legal & Business Affairs
7558 W. Thunderbird Road, Suite 1-454
Phoenix, Arizona 85381
Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to PB, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been filed against you, you can file a counter notification with PB’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
18. Other Sites
The PB Web site contains links to other sites. Some of these other sites may be co-branded with PB branding and may look like features of the PB Web site, but these Web sites and resources are provided by companies or persons other than PB. PB does not control the terms of service or the privacy policies of these sites, and their terms and policies will govern your use of those sites and their use of any information you provide to them through those sites. You acknowledge and agree that PB is not responsible for the availability of any of these external sites or resources, and does not endorse any advertising, products or other materials on or available from these Web sites or resources. You acknowledge and agree that PB is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these Web sites or resources.
19. Changes to the Terms
PB reserves the right to change these Terms from time to time consistent with applicable contract laws and principles. When these changes are made, PB will make a copy of the updated Terms available at this web page and may also make any updated Terms available to you by e-mail, direct mail, or other reasonable means as selected by PB.
PB will make the updated Terms available to you before they take effect. You understand and agree that if you use the PB Web site after the date on which the Terms take effect; PB will treat your use as acceptance of the updated Terms.
Phoeniz Bizz, a division of Sofvue, LLC,™ and the PB design logo are all trademarks or service marks of PB or its subsidiaries. All other trademarks and service marks appearing on the PB Web site are the properties of their respective owners.
21. General Legal Terms
The Terms constitute the whole legal agreement between you and PB and govern your use of the PB Web site, and completely replace any prior agreements between you and PB in relation to the PB Web site.
You agree that PB may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, or postings on the PB Web site.
You agree that if PB does not exercise or enforce any legal right or remedy which is contained in the Terms (or which PB has the benefit of under any applicable law), this will not be taken to be a formal waiver of PB’s rights and that those rights or remedies will still be available to PB.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which PB is the parent shall be third party beneficiaries to the Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be third party beneficiaries to the Terms.
The Terms, and your relationship with PB under the Terms, shall be governed by the laws of the State if Arizona, without regard to its conflict of laws provisions. By using the PB Web site, you consent to the exclusive jurisdiction of the state and federal courts in Phoenix, Arizona, in all disputes arising out of or relating to the Terms or PB Web site.
Revised and Effective: August 1, 2010