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The
Phoenix Eight, Inc. website has been made available to you subject
to your compliance with the terms and conditions set forth below
(the "Conditions of Use"). Please read this document carefully
before accessing or using the Phoenix Eight website. By accessing
or using this website, you are agreeing to be bound by the Conditions
of Use. If you do not wish to be bound by the Conditions of Use,
you may not access or use the website.
Modification of these Conditions of Use
Phoenix
Eight, Inc. reserves the right to change the terms, conditions,
and notices at any time, and such modifications shall be effective
immediately upon posting of such changes. You are therefore responsible
for regularly reviewing these Conditions of Use and additional terms
or notices posted on the Phoenix Eight website. Your continued access
of this website shall be deemed your conclusive acceptance of the
modified agreement.
Privacy
Please
review our Privacy Policy, which also governs your visit to Phoenix
Eight, Inc., to understand our practices regarding the use and disclosure
of your personal information.
Electronic Communications
When
you visit Phoenix Eight, Inc. or send e-mails to us, you are communicating
with us electronically, and thereby you are consenting to receive
communications from us electronically or by other means available.
We will communicate with you electronically, by telephone or by
facsimile. It is further understood that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communication be in writing.
Copyright and Licenses
The
entire contents of this website, including but not limited to: Text,
graphics, logos, button icons, Flash movies, images, audio clips,
digital downloads, data compilations, and software, are the property
of Phoenix Eight, Inc., its content suppliers or it's clients and
are protected by Domestic and International copyright and trademark
laws. You may not modify, copy, reproduce, republish, upload, post,
transmit, or distribute any portion of the website contents without
the prior express written consent of Phoenix Eight, Inc..
You may print or download portions of the materials from various
areas of this website solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary
notices from the materials. If you believe any content appearing
on our website constitutes a copyright infringement of another parties
rights, please contact us immediately at legal@phonenixeight.com
to notify us of this infringement.
Your submissions of files including, but not limited to: Resumes,
e-mail, flash movies, images, logos, audio loops, and other software
hereby constitutes your agreement to grant Phoenix Eight, Inc. a
non-exclusive, royalty-free, worldwide, sub-licensable, perpetual
license, to reproduce, distribute, transmit, modify, adapt, sub-license,
and publicly display any such submissions. You also grant Phoenix
Eight, Inc. the right to utilize your name in connection with all
advertising, marketing and promotional materials related thereto.
License and Website Access
Phoenix
Eight, Inc. grants you limited license to access and make personal
use of this website and not to download (other than for page caching
purposes) or modify it, or any portion of it, except with the express
written consent of Phoenix Eight, Inc.. This website or any portion
of this website may not be reproduced, duplicated, adapted, copied,
sold, resold, transmitted or otherwise exploited for any commercial
purpose without the express written consent of Phoenix Eight, Inc..
You may not frame, or use any framing techniques to enclose any
trademark, logo, or other proprietary information (including images,
text, flash movie, page layout, or form) of Phoenix Eight, Inc.
without the express written consent of Phoenix Eight, Inc.. You
may not use META tags or any other "hidden text" which
utilize Phoenix Eight.com, Phoenix Eightstudios.com, Phoenix Eight,
Inc. or any other derivative of our domain or company name without
the express written consent of Phoenix Eight, Inc.. You are hereby
granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of Phoenix Eight, Inc. so long as the
link does not portray any false, misleading, derogatory, or otherwise
offensive matter.
It is further understood and agreed that Phoenix Eight, Inc. cannot
and does not guarantee or warrant that files made available for
downloading through the Phoenix Eight website will be free of infection
or viruses, worms, Trojan horses or other code that manifests contaminating
or destructive properties. It is your responsibility for implementing
sufficient safeguards and procedures to ensure that any files obtained
through Phoenix Eight, Inc. are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability
THIS
WEBSITE AND RELATED INFORMATION IS PROVIDED BY Phoenix Eight, Inc.
ON AN "AS IS" AND "AS AVAILABLE" BASIS. Phoenix
Eight, Inc. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE
OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON
THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHOENIX EIGHT,
INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. Phoenix Eight, Inc. DOES NOT WARRANT THAT
THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM PHOENIX EIGHT, INC.
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHOENIX EIGHT,
INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
PHOENIX EIGHT, INC. USES REASONABLE EFFORTS TO INCLUDE ACCURATE
AND UP-TO-DATE INFORMATION ON THIS WEBSITE. PHOENIX EIGHT, INC.
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR
OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT
THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT
INFORMATION, PHOENIX EIGHT, INC. SHALL HAVE THE RIGHT TO REFUSE
OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.
IF A PRODUCT OFFERED BY PHOENIX EIGHT, INC. IS NOT AS DESCRIBED,
YOUR SOLE REMEDY IS TO RETURN IT TO PHOENIX EIGHT, INC. FOR A REFUND.
ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S
EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
Third Party Links
Linked
websites are not under the control of Phoenix Eight, Inc. and Phoenix
Eight, Inc. is not responsible for the contents of any linked site
or any link contained in a linked site. Phoenix Eight, Inc. provides
links to you only as a convenience, and the inclusion of any link
does not imply or constitute an endorsement by Phoenix Eight, Inc.
of the site.
Applicable Law
By
visiting the Phoenix Eight, Inc. website, you agree that the laws
of the state of Florida, without regard to principals of conflict
of laws, will govern these Conditions of Use and any dispute of
any sort that might arise between you and Phoenix Eight, Inc..
Disputes
Any
dispute relating in ay way to your visit or access of the Phoenix
Eight, Inc. website or to the products or services you purchase
through the Phoenix Eight, Inc. website shall be submitted to binding
arbitration in Volusia, Florida, except that, to the extent you
have in any manner violated or threatened to violate Phoenix Eight,
Inc.' intellectual property rights, Phoenix Eight, Inc. may seek
injunctive or other appropriate relief in any state or federal court
in the state of Florida, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under these Conditions of
Use shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration
under these Conditions of Use shall be joined to an arbitration
involving any other party subject to these Conditions of Use, whether
through class arbitration proceedings or otherwise.
Indemnification
You
agree to indemnify, defend and hold harmless Phoenix Eight, Inc.,
its officers, directors, owners, partners, employees, agents, licensors,
suppliers and any third party information provider to the website
from and against all losses, expenses, damages and costs, including
attorney's fees, resulting from any violation of these Conditions
of Use (including negligent or wrongful conduct) by you or your
use and access of the Phoenix Eight website.
International Use
Given
the global nature of the Internet, you agree to comply with all
local rules including, without limitation, rules about the Internet,
data, e-mail, privacy, copyright, and trademark infringement. Additionally,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country
in which you reside.
Other Provisions
Phoenix
Eight, Inc. failure to insist upon or enforce strict performance
of any provision of these Conditions of Use shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision
of these Conditions of Use. Phoenix Eight, Inc. may assign its rights
and duties under these Conditions of Use to any party at any time
without notice to you. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall
be deemed severable and shall not affect the validity or enforceability
of any remaining condition. Any rights not expressly granted herein
are reserved.
Request and Address
Please
send notices by care of our Mailing Address:
Phoenix Eight, Inc.
2607 S. Woodland Blvd., #239
Deland, FL 32720
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