PHATIDEA.COM Site User Terms & Conditions
PHATIDEA.COM LLC provides access to the PHATIDEA.COM website, located at www.phatidea.com (the "Site") subject to your acceptance of this Website User Agreement ("Agreement"). The materials on this Site are provided by PHATIDEA.COM LLC for persons who wish to utilize the service provided and may be used for informational purposes only. Any person accessing, browsing, framing, using and/or linking to the Site, either manually or via an automated device, shall be deemed a "User". All Users are subject to and agree to be bound by this Agreement when using the Site.
In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern when you are using the Site. If you have any questions about this User Agreement please contact PHATIDEA.COM by e-mail at phatmail@phatidea.com before using the Site.
Privacy
You agree that you have read and understand the terms of PHATIDEA.COM's Privacy Policy, which is incorporated herein. This policy governs the collection, use and sharing of personal and non-personal information from you when using the Site.
Downloading
You understand that PHATIDEA.COM cannot and does not guarantee or warrant that materials available for downloading from the Site, including links, will be free of infection or viruses, worms, Trojan horses, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept or otherwise seize any system, data or personal information. You are responsible for implementing sufficient measures to protect and safeguard your system and maintain your safety checkpoints.
Intellectual Property
All text, graphics, logos, audio clips, video, photographs, software, trademarks, and other content provided on this Site is considered Proprietary content and is the property of PHATIDEA.COM or others. Proprietary Content is protected by federal, state and international copyright and trademark laws, or other proprietary rights. You may use, print, and download materials from the Site solely for your own non-commercial use. This content may not be reprinted, republished, modified, or distributed without the express written consent of PHATIDEA.COM or others who have rights therein. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by PHATIDEA.COM.
Links to Other Websites
PHATIDEA.COM may have links to other websites on its Site, but does not endorse or make any representations about these websites. PHATIDEA.COM has not reviewed all of these websites and has no responsibility for the content available on other sites and shall not be liable for any damages or injury arising from any such content. If you decide to access any of these other sites that are linked on the PHATIDEA.COM Site, you do so entirely at your own risk.
Acceptable and Lawful Use of the Site
Any information provided to PHATIDEA.COM in connection with use of the Site:
a. shall not be false, inaccurate or misleading
b. shall not be obscene or indecent
c. shall not contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, interfere with, intercept or otherwise seize any system, data or personal information
d. shall not infringe on any PHATIDEA.COM or third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
e. shall not be defamatory, libelous, unlawfully threatening or harassing
NO WARRANTIES
DISCLAIMER - LIMITATION OF LIABILITY: THE MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL PHATIDEA.COM, ITS OFFICERS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS. PHATIDEA.COM DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING CONTENT, PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM: (I) THE USE OF OR INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
Indemnification
You agree to indemnify, defend and hold PHATIDEA.COM and its officers, agents, and employees harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind resulting from or related to your use of the Site.
System Outages
PHATIDEA.COM shall have no liability whatsoever resulting from periodic system outages due to scheduled system downtime for maintenance and other purpose. Unplanned system outages my also occur and PHATIDEA.COM shall have no liability whatsoever for unavailability of the site or for any loss of data or transactions.
User Feedback
Any material, information or other communication that is transmitted by a user to PHATIDEA.COM or any of its employees, agents, or other through the Site via email, feedback, questions, requests, opinions, comments or suggestions will be considered non-confidential and non-proprietary and will be PHATIDEA.COM property. PHATIDEA.COM shall be free to reproduce, use, disclose and distribute the information to others without limitation for all commercial and non-commercial purposes.
You agree that no communications submitted to the Site will violate any right of any third party, including copyright, trademark, or privacy, or contain libelous or otherwise unlawful, abusive, or obscene material. You shall remain solely responsible for the content of any communications that you make.
Children
This Site is not directed to children under the age of 13 and is not intended to be used by children under the age of 13. If you are under the age of 13, you agree that you will not use this Site and you will not provide personal information about yourself to PHATIDEA.COM through the Site.
Governing Law
This Agreement and access to the Site shall be governed by and construed in accordance with the laws of the State of California, exclusive of its conflict of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation or disputes arising out of or relating to use of the Site and not to commence any litigation relating thereto except in such courts.
International Users
If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content. User information that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy.
Updates and Modifications
PHATIDEA.COM may revise the terms of this agreement at any time, without providing advanced, individual notice. You should visit this page from time to time to review the terms because they are binding on you and you agree to unconditionally comply with these Terms by using this Site. We may change, move or delete portions of, or may add to, our Site from time to time including, but not limited to, content, hours of availability, and equipment and/or software needed for access or use.
PHATIDEA.COM may amend or modify this agreement or any other documents referenced at any time by posting the amended document on its Site. The amended terms go into effect upon posting to Site. If you have any questions about this Agreement, contact us at phatmail@phatidea.com
Termination
PHATIDEA.COM may immediately issue a warning, suspend or terminate your access to the Site for breach of this Agreement (or any other agreement or policy incorporated by reference hereto), or for any other reason in our sole discretion.
