TERMS AND CONDITIONS FOR THE USE OF THIS SITE
1. Acceptance of Terms
This Web site located at www.bluephoenixbranding.com (the "site") is provided by Blue Phoenix Branding LLC ("BPB"). The term "you," "your" or "yourself" shall refer to the user who is browsing this Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE OF THIS SITE (THE "TERMS") CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR ACCESS AND USE OF THIS SITE. BY ACCESSING OR USING THIS SITE OR DOWNLOADING ANY MATERIALS FROM THIS SITE, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF THIS SITE. IF YOU DO NOT AGREE WITH OR DO NOT ACCEPT ANY OF THE TERMS, PLEASE EXIT THIS SITE IMMEDIATELY AND REFRAIN FROM ANY FURTHER ACCESS AND USE OF THIS SITE.
1.1 BPB reserves the right, at its sole discretion and without advance notice, to change, modify, add or remove all or any portion of this Site or the Terms set forth herein and all policies and guidelines incorporated herein by reference, at any time. Changes to the Terms shall be immediately effective when posted to this Site. YOUR ACCESS TO AND CONTINUED USE OF THIS SITE AFTER ANY CHANGES ARE POSTED SHALL CONSTITUTE ACCEPTANCE OF THOSE CHANGES. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.
1.2. Termination: You agree that PFG may at any time, terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of this Site or the Site Content. PFG may also impose limits on certain features and services or restrict your access to parts or all of this Site or Site Content without notice to you or liability on the part of BPB. You agree that PFG may at any time, terminate the authorization, rights and license granted herein, including your right to access this Site and Site Content. The provisions in the Terms regarding ownership of Site Content and Site Code, confidentiality, the disclaimer of warranty, limitation of liability and indemnification shall survive such termination.
2. User Participation
2.1 Registration: To access and use certain features of this Site, you may be required to register with us on the electronic forms provided and such registration may require you to provide personally identifying information such as your name, address and email address. You agree that you will register only if you are 18 years or older. You represent and warrant that all information provided by you to PFG is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
2.2. Passwords: To use certain features of this Site, you will need a user name and password. You will not allow others to use your user name and password and are responsible for maintaining the confidentiality of your password. You are responsible for all activities (whether by you or by others) that occur under your user name and password, including, without limitation, any purchases or posts made using your account. You agree to notify BPB immediately of any unauthorized use of your user name or password or any other breach of security of which you become aware. You agree that BPB will not be liable for any loss or damage caused by your failure to protect your password and for any unauthorized use of your account and you will be liable for the losses of BPB and others due to such unauthorized use.
2.5. License to BPB: By posting or contributing any content to the Site, or by providing any feedback, suggestions, ideas, information, materials and other submissions to BPB, you grant to BPB an unrestricted, irrevocable, perpetual, worldwide, royalty-free license to use, copy, reproduce, display, publicly perform, edit, translate, reformat, transmit and distribute your content, and you further agree that BPB is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to BPB, in any manner that we choose, without any notice or obligation to you whatsoever.
3.1. Ownership: Copyright and Trademark Information: All Site Content and Site Code is the exclusive property of BPB and/or Webjaguar Commerce & Marketing Platform. All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in, associated with or utilized on this Site, the Site Content or Site Code are the properties of BPB, Webjaguar Commerce & Marketing Platform, or its licensors. The names of other companies and products mentioned herein may be the trademarks of their respective owners. Nothing in these Terms or any Site Content shall convey to you an ownership interest in any trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in this Site or any Site Content or Site Code. All Site Content and Site Code is Copyright © 2021 Webjaguar Commerce & Marketing Platform and BPB, and/or subject to the copyright of its licensors or third-party content providers. All rights reserved.
"Site Content" means any data, software, text, information, material, photographs, statements and images, as well as graphics, interactive features, video and audio, if any, or other form of expression displayed and/or used on this Site. "Site Code" refers to any and all underlying elements of this Site, including, but not limited to, any source code, object code and other sets of statements or instructions that relate to the operation or functions of this Site.
3.3. Limited License: Subject to the terms and conditions set forth herein and subject to your compliance with the Terms, BPB grants you a non-exclusive, non-transferable, terminable, limited right to access and use this Site and Site Content for informational and non-commercial purposes only. BPB authorizes you to view and download Site Content only for your personal, non-commercial use. BPB may terminate these rights at any time for any reason or no reason, and these rights shall terminate automatically without notice if you breach these Terms. Upon termination, you must immediately destroy any downloaded and printed copies of the Site Content or any portions thereof. Except for the rights expressly granted herein, BPB reserves all other rights and no other rights are granted by implication or otherwise.
3.4. Your Conduct/Restrictions: You agree (a) not to copy, reproduce, republish, upload, create derivative works, post, transmit or distribute (or facilitate someone else in copying, reproducing, uploading, creating derivative works, posting, transmitting or distributing) any Site Content or Site Code to anyone for any purpose; (b) not to alter Site Content or Site Code in any manner or use such Site Content or Site Code in a manner not authorized by the Terms; (c) not to interrupt or attempt to interrupt the operation of this Site in any way; (d) not to place any Site Content or Site Code on a network; and (e) not to frame, associate with advertisements or commercially exploit this Site, Site Content or Site Code. In addition, you must retain on all Site Content downloaded, all copyright, trademark, service mark and other proprietary notices contained in Site Content. Unauthorized use of the Site Content may violate copyright, trademark, and other laws.
4. Copyright Infringement Claims
We do not knowingly permit anyone to post materials on this Site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act ("DMCA") (including 17 USC § 512). BPB will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, BPB will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. Please also note that under Section 512(f) of the DMCA, any person who knowingly makes material misrepresentations in a notice or counter notice of infringement may be subject to liability.
4.1. Notice of Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing. Please be advised that to be effective, your notification must include ALL of the following: 1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; 2. a description of the copyrighted work that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the Site; 4. your address, telephone number, and email address and all other information reasonably sufficient to permit BPB to contact you; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this section of the Terms, your DMCA notice may not be valid.
4.2. Designated Agent Notices of claimed copyright infringement should be directed to BPB designated agent: By mail: Blue Phoenix Branding, LLC c/o Travis Powell at 2460 S Rimrock Drive, Idaho Falls, Idaho 83406 or by Email: email@example.com. Please include "Notice of Infringement" in the subject line. Please note that only DMCA notices should go to the designated agent; any other feedback, comments, requests for technical support, and other communications should be directed to BPB’s Help Team.
4.3. Counter Notice: If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, (i) please consult your counsel and see 17 U.S.C. 512; and (ii) you may send a counter notice containing the following information to BPB’s designated agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement, under penalty of perjury, that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; your name, address, telephone number, and e-mail address; a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which BPB may be found; and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter notice is received by BPB 's designated agent, BPB may send a copy of the counter notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the purported copyright owner files an action seeking a court order against you, the removed content will be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter notice.
4.4. Repeat Infringer Policy: BPB will, under appropriate circumstances and in its discretion, disable and/or terminate a user's access to the Site if the user is determined to be a repeat infringer.
5. Compliance with Law
You agree not to use this Site for unlawful purposes or in an unlawful manner and you agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of this Site.
Your use of this Site, Site Content and Site Code is entirely at your own risk. The information posted to this Site and the Site Content may contain inaccuracies and typographical errors. THIS SITE, THE SITE CONTENT AND SITE CODE ARE PROVIDED "AS IS" AND "AS AVAILABLE." BPB EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATING TO YOUR ACCESS AND/OR USE OF THIS SITE, THE SITE CONTENT AND THE SITE CODE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (A) SUITABILITY FOR ANY PARTICULAR PURPOSE OR FITNESS FOR A PARTICULAR PURPOSE, (B) MERCHANTABILITY, (C) ACCURACY AND COMPLETENESS, (D) NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND (E) FREEDOM FROM INTERRUPTION, DELAY, ERRORS, TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES AND OTHER HARMFUL COMPONENTS. WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION.
7. Limitation of Damages
IN NO EVENT SHALL PFG BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S ACCESS OR USE OF THIS SITE, SITE CONTENT AND/OR SITE CODE, IN CONNECTION WITH YOUR INABILITY TO ACCESS OR USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SITE OR ANY OTHER WEBSITE, EVEN IF PFG IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the disclaimers set forth herein, if BPB is found to be liable, our liability to you or to any third party is limited to the total amount of fees paid by you to BPB in accessing this Site, if any, during the twelve (12) months prior to the action giving rise to the liability.
You agree to defend, indemnify and hold harmless BPB, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of this Site; (ii) your violation or breach of any of the Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
This Site is controlled, operated and administered by BPB and Web Jaguar from its offices within the United States of America. BPB makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. All matters relating to your access to, and use of, this Site shall be governed by the laws of the State of Idaho, without giving effect to its conflict of law’s provisions. You and BPB agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in Bannock County, Idaho. You and BPB agree to submit to the personal jurisdiction of the courts located within Bannock County, Idaho for the purpose of litigating all such claims. Notwithstanding the above, you agree that BPB shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You agree and represent that you have carefully considered the Terms and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of BPB. The Terms constitute the entire agreement between BPB and you with respect to the matters contained herein. If for any reason a body with proper jurisdiction finds any provision(s) of the Terms or a portion thereof, to be unenforceable, you and BPB agree (without waiving rights of appeal) that unenforceable provision(s) shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.