Purpose of the Site and Services; Consequences of Abuse
Permitted Use of the Site and Services;
This Site and Services are provided as on an "as is" basis by Phraseaholic for the convenience of its customers and users, and the Site and the domain name(s) associated with it and all copyrights, trademarks and other proprietary and personal rights of the Site and Services are the sole property of Phraseaholic. You are permitted to access the Site, the Services and the Content provided by Phraseaholic (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) solely for the purpose of receiving information about Phraseaholic's business and products, utilizing the Services, communicating with Phraseaholic, entering prize promotions offered by Phraseaholic, entertainment, or otherwise as stated on the Site.
Phraseaholic hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Site and Services solely for the purpose of operating the Site .
You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Content's owner. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from Phraseaholic. All copyrights, trademarks, patents, trade secrets and other proprietary rights contained within the Site are the sole property of Phraseaholic and/or its licensors, each of whom reserves all rights with regard to such materials.
Phraseaholic may at its option provide you with one or more areas within the Site for online discussions (e.g. message boards, wikis, chat rooms or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. Phraseaholic reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. Phraseaholic shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.
You hereby grant Phraseaholic a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, copy, perform, or revise any content provided by you to Phraseaholic via the Site or via electronic mail (which is referred to in these Terms as "User Content"), including but not limited to any press query to be distributed via the Services. In connection with such User Content, you warrant and represent to Phraseaholic that you have all rights, title and interests necessary to provide such User Content to Phraseaholic, and that your provision of the User Content to Phraseaholic shall not infringe any third party's proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
Phraseaholic makes no warranties, express or implied, with regard to the Site or the Services, their operation, or your use of the Site or Services, including but not limited to warranties of merchantability or fitness for a particular purpose. Phraseaholic makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site or the Services, the Internet, the telephone network through which the Services is utilized, or other technology utilized to present, access or utilize the Site or the Services, nor does it warrant that the Site or Services shall be free of computer viruses or other malicious content. Phraseaholic reserves the right to modify, suspend or discontinue the offering of the Site and Services at any time for any reason without prior notice. Further, while Phraseaholic utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site or Services.
IN NO EVENT SHALL PHRASEAHOLIC BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE, EVEN IF PHRASEAHOLIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL PHRASEAHOLIC'S AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO PHRASEAHOLIC HEREUNDER.
Phraseaholic may provide links to third party Web sites from the Site or e-mail messages sent via the Services. Such links are provided for your convenience, and do not necessarily constitute an endorsement by Phraseaholic of such sites or an affiliation between Phraseaholic and the owners of such sites, nor shall Phraseaholic be liable for the contents of such sites. Phraseaholic will also not be liable for any errors in such links, or for any malfunction of such links.
User Warranties; Indemnification
By using this Site and the Services, you hereby warrant and represent that you have all necessary rights, power and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent to Phraseaholic that you are and shall at all times remain in full compliance with all applicable laws and regulations with regard to your use of this Site and Services, including without limitation the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003 and all other laws and regulations concerning privacy, telemarketing and Internet marketing.
By using this Site and the Services, you agree to indemnify and hold harmless Phraseaholic, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys' fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out of your breach of the above warranties or any use by you or an account or computer owned by you of the Site, the Services or the Content or your provision of User Content to Phraseaholic.
Governing Law; Forum
These Terms shall be governed by and interpreted in accordance with the laws of the State of New York, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site or Services shall be the state and federal courts located in New York City, New York.
The provisions regarding ownership; warranties; governing law and forum; and indemnification set forth above will survive any termination of these Terms. All notices to Phraseaholic in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received.
This Policy Statement discusses information we collect and the manner in which it is used.
3. Information Collection
Our primary goal in collecting personal information is to provide you with a smooth, efficient, and customized experience.
PHRASEAHOLIC is sensitive to the protection of "customer identifiable" information which an individual or another customer reasonably expects to be kept private. "Customer identifiable" information means information which can be associated with a specific entity or individual, including, by way of example, a customer's name, e-mail address, and information about on-line activities which can be directly linked to him or her.
We may use data collection devices such as "cookies" on certain pages of our Websites. "Cookies" are small files placed on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a "cookie." Cookies can also help us provide information which is targeted to your interests. We use this information to determine our members' demographics, interest, and behavior to better understand and serve you and our community.
Please note that your personally identifiable information will be stored and processed on our computers in the United States. The laws regarding the handling of personal data in the United States may differ from the laws of other countries but, as we explain below, Phraseaholic will hold and transmit your information in a safe, confidential and secure environment.
4. Our Use of Your Information
We use information in the files we maintain about you, and the other information we obtain from your current and past activities on the Websites to resolve disputes, troubleshoot problems and enforce our Terms and Conditions. At times, we may review the data of multiple members to identify problems or resolve disputes.
You agree that we may use personally identifiable information about you to analyze Website usage, improve our content and service offerings, and customize our Website's content, layout, and service. These uses improve our Websites and may better tailor them to meet your needs.
5. Sharing and Disclosure of Personal Information
Phraseaholic will not sell or rent your Personal Information to any individual, business, or government entity.
Phraseaholic's servers automatically gather information about which pages are visited within the Phraseaholic site. Phraseaholic does not use that information except in the aggregate. This information helps us identify the type of website content or features our customers value most. We may use suppliers to assist us in collecting, using, or otherwise processing for our benefit the non-personal information obtained through the site.
Phraseaholic uses industry standard practices to safeguard the confidentiality of your personal identifiable information. Phraseaholic treats data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by others inside and outside the company. However, "perfect security" does not exist on the internet.
We restrict access to nonpublic information to people on the Phraseaholic team who need to access that information in order to provide Phraseaholic service to you.
8. Lawful Use of Site
Phraseaholic [website & app] services may only be used for lawful purposes.
Transmission of any material in violation of any US or state or local law, rule or regulation is strictly prohibited. This includes, but is not limited to: copyrighted or trademarked material; material legally judged to be threatening or obscene; material protected by trade secret; or material which violates a legally protected privacy right of an individual.
Phraseaholic operates in full compliance with the Digital Millennium Copyright Act of 1998 (DMCA). Phraseaholic will cooperate with local, state and federal courts and law enforcement agencies in the investigation and prosecution of claims of illegal activities when legally obligated to do so. Phraseaholic will comply with all legally enforceable subpoenas, search warrants, court orders and other forms of legal process. Under Phraseaholic's Terms and Conditions, the customer agrees to indemnify and hold Phraseaholic, its, officers, directors, employees and agents, harmless from any claims, liabilities and expenses, including reasonable attorney's fees, resulting from the customer's use or misuse of the service which damages Phraseaholic, its officers, directors, employees and agents, as well as any user, or another party.
Phraseaholic will keep this policy current and reserves the right to change this policy at any time by amending the content of this Statement. Phraseaholic will post a notice of changes on the Phraseaholic website, when and if the policy is amended. This Statement and the policies expressed herein are not intended to and do not create any contractual or other legal rights in or on behalf of any customer, user, or other third party.
Phraseaholic™ is the exclusive trade name and mark of STRIKEink Corporation..
November 3, 2014
PHRASEAHOLIC COPYRIGHT AND TRADEMARK INFORMATION
This page contains the most current information on STRIKEink Corporation Phraseaholic("Phraseaholic") copyrights, trademarks, and other intellectual property protection.
Phraseaholic is the copyright owner of all material contained on Phraseaholic's owned and operated websites. This content is protected by U.S. and foreign copyright, trademark and other proprietary laws. Absence of the ®, ©, ™ or SM does not negate this protection.
Under these laws, any other party using Phraseaholic's content in any manner not expressly authorized is infringing on Phraseaholic's proprietary rights.
Any text, document, press release, statement, advertisement, publication or other material contained in Phraseaholic's content or derived from a Phraseaholic website or app is subject to the above-mentioned restrictions.
Phraseaholic respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedures for Making Claims of Copyright Infringement below.
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act
If you believe that you hold a claim of copyright infringement against Phraseaholic, submit notice of your claim to the following Designated Agent.
Service Provider: STRIKEink Corporation, d/b/a Phraseaholic™.
Designated Agent: Jerry S. Goldman, Esq.
Address to Which Notification Should Be Sent: Anderson Kill P.C., Att: Jerry S. Goldman, Esquire, 1251 Avenue of the Americas, New York, New York 10020. Telephone Number: 1-212-278-1000; Facsimile Number: 1-212-278-1733.
E-mail: legal [at] phraseaholic.com
To be effective, the notification of your claim of copyright infringement should be written and should include the following:
1. A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
2. A statement, under penalty of perjury, that the information in the notification is accurate.
3. Your signature. (The signature may be either physical or electronic.)
4. The identification of the copyrighted work you claim has been infringed. (If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed works.)
5. Identification of the material that you claim to be infringing and information reasonably sufficient to permit Phraseaholic to locate the material.
6. Information reasonably sufficient to permit Phraseaholic to contact you, including your address, telephone number, fax number and, if available, an electronic mail address. You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner.
7. A statement you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Phraseaholic™ and other marks indicated on our Sites are service marks and/or trademarks of Phraseaholic or his affiliates in the United States and/or other countries. Other trade marks, graphics, logos, page headers, button icons, scripts noted on the Site and app are Phraseaholic's service marks, trademarks and trade dress and are the sole and exclusive property of Phraseaholic. Phraseaholic's service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Phraseaholic or Phraseaholic and in connection with any service or product that is not sponsored, endorsed or produced by Phraseaholic. All other trademarks and service marks not owned by Phraseaholic or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Phraseaholic.