1. Terms Of Use and User Agreement
This Terms Of Use and User Agreement governs your use of websites developed by Phamily Media. This includes content published on the website you are currently visiting, images, video, audio, RSS feeds, email, newsletters, forums, user comments, social media, and any other content made available by Phamily Media.
You (“User”), signify that you agree to the Terms of Use and User Agreement (“Terms”) by using any website or media content (“Website” or “Content”) developed by Phamily Media (“We,” “Us,” or “Our”). If you do not agree with the Terms, please discontinue use of any Website content developed by us.
We reserve the right to revise the terms at any time using our sole discretion. Current terms will be made available via a link from the homepage. User agrees to check periodically for updates to the terms and to be bound by changes in the terms by continuing to use the website.
2. Age Appropriate Access
This website was designed to be used by adults age 18 and older. Only a person that is age 18 or older can agree to the terms outlined in this document. It is the discretion of a parent or legal guardian to permit any person under the age of 18 to use the website. A parent or legal guardian should supervise any use of the internet by minors. If you are not 18 years old or older, and you do not have the permission of your parent or legal guardian to use this website, you should discontinue use of the website immediately.
3. License To Use Content
We grant you limited license to view the website, and any tools and services made public for personal, non-commercial use. User may download or print one copy, for viewing offline or on another medium, for non-commercial use. By doing so, user agrees not to modify or exploit any of the content, nor violate protections provided by copyright, trademark, patent, trade secrets, and any other proprietary rights and laws. Any commercial, or other use of the website or content must be explicitly permitted by us.
4. User’s Grant To License
Except for personal information, any information submitted to the website shall not be confidential. User grants exclusive ownership and all rights of any submission to the website without limitation and compensation.
Users are fully responsible for the information they transmit or communicate. It is up to the user to abide by any applicable copyright and trademark laws. The user is responsible for the legality, reliability, appropriateness, and originality of the information they communicate. User agrees that they will not infringe the rights of any third party.
5. Privacy
We reserve the right to revise the Privacy Policy at any time using our sole discretion. The current Privacy Policy will be made available via a link from the homepage. User agrees to check periodically for updates to the Privacy Policy and to be bound by the changes in the Privacy Policy by continuing to use the website.
6. Security
By registering for the website, user agrees to furnish their legal name, email address, and any other information that we deem to be necessary for membership. It is the responsibility of the user to protect the user name and password that is assigned to them.
7. Third Party Content
We may link to third party websites, content, or advertising belonging to other parties. We have no control over the content, terms, or policies belonging to those parties. User agrees that we are not responsible and have no liability from use of third party content.
5. Copyright Policy
A. Notification Of Infringement
If you are a copyright owner or an agent thereof, and you believe that any content on this website infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the website are covered by a single notification, a representative list of such works at that website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the website to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the website to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by mail or e-mail as set forth below in Section C.
B. Counter-Notification
If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the website may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
You may submit your Counter Notification by sending it to our Designated Agent by mail or e-mail as set forth below in Section C.
C. Designated Copyright Agent
Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
Phamily Media 20409 Yorba Linda Blvd. #150 Yorba Linda, CA 92886 Email: legal “at” phamilymedia “dot” com
For clarity, only DMCA notices should go to the website’s Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
6. Limitation Of Liability
The website and content are provided on an “as is” and “as available” basis. We do not provide any warranty that the website will operate uninterrupted or error free. Under no circumstances shall we be liable for any damages that results from the use of, or inability to use the website. This includes the use of information, and any services or products, obtained from our websites. It is the users sole responsibility to maintain their computer, internet connection, and any other equipment needed to access our websites. It is also the users sole responsibility to independently evaluate the website for accuracy, correctness, or completeness.
7. Indemnification
You agree to defend, indemnify, and hold us and any associated personnel harmless from all liabilities, claims, and expenses, including, but not limited to, attorney’s fees, that arise from your use of the website, or any violation of the terms.
8. Legal Compliance
We may suspend or terminate these terms or users access to the website immediately, at any time. We may disclose personal information to the government or law enforcement agency as the result of subpoena, legal action, or out of necessity for national security. If disclosure is made to the government or law enforcement agency, user agrees that we shall not be liable for any damages and user agrees not to bring any action or claim against us.
The website can be accessed internationally. By using the website, user agrees to make truthful statements regarding their use of the website. Those that access the website do so voluntarily, and at their own risk. There are countries that are affected by import restrictions imposed by the United States Government. By using the website, you imply that you are not a citizen of a country that faces import restrictions from the U.S. Government and agree that you will comply with any applicable import and export control laws. Accessing the website where it is illegal is prohibited.
9. Governing Law
The website is controlled by Phamily Media which is located in the State of California, United States of America. By using the website, both you and Phamily Media agree that the statues and laws of California shall apply to any civil action, claim, or dispute arising out of or relating to these terms, without regard for principles of conflicts of laws. Any litigation that arises out of the terms shall be filed in an appropriate court in the sole jurisdiction and venue of California.
10. Miscellaneous
These terms contain the final agreement between us and the user, and supersedes all prior contemporaneous oral or written agreements between the parties. If any portion of the terms is prohibited by law, void, or held to be unenforceable, the remaining provisions of the terms shall not be affected.
