TERMS OF USE
Except as otherwise provided in a written agreement signed by Phoenix Kiosk Inc., these Terms of Use represent the entire understanding between you and Phoenix Kiosk Inc. and our affiliates (collectively, "Phoenix Kiosk" or "PK") regarding your use of www.phoenixkiosk.com (the "Site") and your submission of any materials to us. PK is providing you access to the Site subject to these Terms of Use and the www.phoenixkiosk.com Privacy Policy published elsewhere on the Site. By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.
Phoenix Kiosk Inc. reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.
DISCLAIMER
Phoenix Kiosk Inc. PROVIDES THE SITE AND ITS SERVICES ON AN "AS-IS" BASIS. Phoenix Kiosk Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Phoenix Kiosk Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, Phoenix Kiosk Inc. DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Phoenix Kiosk Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Phoenix Kiosk Inc. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF Phoenix Kiosk Inc. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Phoenix Kiosk Inc.'s LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.00.
LINKS
The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than Phoenix Kiosk Inc.. Phoenix Kiosk Inc. provides these links solely as a convenience. The appearance of a link does not imply Phoenix Kiosk Inc.’s endorsement, nor is Phoenix Kiosk Inc. responsible for the content of any linked site. You access linked sites at your own risk.
ELIGIBILITY
You must be 18 years or older to use the Site.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.
SUBMISSIONS
Phoenix Kiosk Inc. accepts requests for information through the Site. However, we do not want and cannot accept any requests, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be confidential or proprietary through the site. If you choose to submit such materials, by doing so you waive any claims or rights to the confidential or proprietary nature of those materials.
All requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to Phoenix Kiosk Inc., using the Site, (collectively, "Submissions") are not confidential and will become and remain the property of Phoenix Kiosk Inc. You agree that Phoenix Kiosk Inc. shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.
NO COMMITMENTS
Phoenix Kiosk Inc. reserves the right, at any time, to modify, alter, update, or remove portions of its Site and content, without notice to you. Furthermore, notwithstanding anything to the contrary on the Site or otherwise, Phoenix Kiosk Inc. reserves the right to reject any request for information for any reason, or for no reason, in Phoenix Kiosk Inc.'s sole discretion.
GENERAL PROPRIETARY RIGHTS
The Site is owned by Phoenix Kiosk Inc. and contains material that is derived in whole or in part from Phoenix Kiosk Inc. and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without Phoenix Kiosk Inc.'s express written permission.
COPYRIGHT
All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of Phoenix Kiosk Inc., or their content suppliers, and are protected by U.S. and other international copyright laws, © 2007-2008, Phoenix Kiosk Inc. ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark and other applicable laws, and could result in criminal or civil penalties.
TRADEMARKS
All trademarks are the property of their respective owners.
DISPUTES
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the state or federal courts of Maricopa County, Phoenix, Arizona, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has occurred.
TERMINATION
These Terms of Use shall remain in force until terminated by Phoenix Kiosk Inc. Phoenix Kiosk Inc. may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that Phoenix Kiosk Inc., in its sole discretion, believes is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.
MISCELLANEOUS
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. |