Terms of Service
2. Limited License. Company hereby grants you a personal, non-transferable and non-exclusive right and license to use the object code for the Site and Service on a single computer; provided, however that you shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the software for the Site and Service. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant or entity; or any use of data mining, robots, or similar data-gathering and extraction tools. This Site or any portion of it may not be reproduced, copied, sold, resold, used, visited or otherwise exploited for any commercial purpose without the express written consent of Company.
4. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the internet business of Company, its 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 Company 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.
5. 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. To the extent you are now or may later be able to do so, 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, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding 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. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
7. COPYRIGHT INFRINGEMENT. Company has in place certain procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company’s policy is to investigate any allegations of copyright infringement brought to its attention, and to suspend and/or terminate access to the Site or Service of any user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations.
9. DISCLAIMERS AND LIMITATIONS OF LIABILITY
(b) THIRD PARTIES. COMPANY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ACTIVITY PROVIDERS LISTED ON THIS OR ANY OTHER SITE. ACCORDINGLY, THE COMPANY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTS OR OMISSIONS OF ONE OF THE BUSINESSES OR ACTIVITY PROVIDERS LISTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, IF YOU SUFFER INJURY, PROPERTY DAMAGE, OR HAVE A NEGATIVE EXPERIENCE WITH ONE OF SAID BUSINESSES OR ACTIVITIES. YOUR PURCHASE, PARTICIPATION, OR USE OF PRODUCTS, SERVICES OR ACTIVITIES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
(c) LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY 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 BY COMPANY. 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, and irrespective of any failure of essential remedial purpose.
(d) REMEDIES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
11. PROHIBITED USES. Company imposes 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 Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
13. COMPANY’S PROPRIETARY RIGHTS. All content of the Site, including the text, graphics, logos, icons, screens and configurations, software, trademarks, and trade dress (collectively, “Company Content”), is the property of Company or its licensors and is protected by U.S. and international intellectual property laws. You do not acquire any ownership rights in or to Company Content by using, printing, downloading or copying any Company Content or using this Site. Any use of Company Content or this Site other than for the express services provided is strictly prohibited. For example, copying, reproducing, modifying, distributing, transmitting, replicating or public exhibition of Company Content is strictly prohibited.
14. TRADEMARKS. The Company’s logo, trademarks and service marks as used by Company from time to time are trademarks of Company (the “Company Marks”). Nothing contained on the Site should be understood as granting you a license to use any of the Company Marks, or the marks of any third party. Without Company’s prior written permission, you agree not to display or use in any manner the Company Marks or the marks of any third party on this Site.
15. COPYRIGHT. All contents of Site or Service are: Copyright © 2011, PhoenixKidsActivities.com. All rights reserved.
18. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
21. TERMINATION. Company reserves the right to terminate your use of the Service and/or the Site at any time.
Last Revised: 10/03/2011