Acceptance of Terms
Except to the extent applicable law, if any, provides otherwise, this Agreement, and any access to or use of the Site will be governed by the laws of the state of California, U.S.A.
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
You may copy, or download, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include, without modification, all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests Phonagraphy or phonagraphy.com promotes or endorses your, or any third party’s, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use apps, widgets and tools on the Site that allow selected User Materials to appear on your mobile device, personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence. No quotes from any material on the Site may be used in any media without attribution to phonagraphy.com.
Any other use of Site content requires prior written permission from Phonagraphy.
Through the community features of the Site, users may post, upload, transmit and/or otherwise submit (hereinafter “Submit”) comments, messages, text, photos, images, story ideas, essays, and other content materials, as well as make recommendations, on or through the services of phonagraphy.com (“User Materials”). You agree to post only images of items you personally own or licensed and were not acquired through theft or other unlawful means. You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by the Phonagraphy staff and on the Site by the general public. You acknowledge that the Site and all its services are for public and not private communications.
Phonagraphy reserves the right to screen, refuse to post, remove or edit User Materials at any time and for any reason or no reason in its absolute and sole discretion without prior notice, although it has no duty to do so. If Phonagraphy elects to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If Phonagraphy has questions about your User Materials, Phonagraphy retains the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.
You retain the copyright and other ownership rights in any User Materials that you submit on or through the Site. However, by submitting User Materials on or through the Site, you are agreeing that the information and images submitted may be used by Phonagraphy and may be published on our websites and/or in all other mediums. By submitting User Materials, you hereby grant Phonagraphy, its affiliates, and their respective licensees, a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publish, publicly perform, display, create derivative works of, host, index, cache, tag, encode, reproduce, edit, display, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, throughout the world and for any purpose including, but not limited to, phonagraphy.com, its linked pages, applications and services, third party licensee web sites, applications and services, over the air (on all forms of radio or television), Phonagraphy print publications, and other applications and services later devised, without payment and without further consent or notice to you. You further grant Phonagraphy, phonagraphy.com, and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.
Entries submitted for posting are selected entirely at the discretion of Phonagraphy. You acknowledge and agree that Phonagraphy shall have no obligation to post, display or otherwise make publicly available any photo, information, or other content submitted by you, and may, in its sole discretion, remove, edit, modify or delete any photo, information, or other content that you submit to the Site.
By submitting any photo, content, or information to Phonagaraphy, you represent that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to Phonagraphy. You understand and intend that any photo, content, or information submitted by you to Phonagraphy may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo, content, or information you submit to the Site.
Digital Millennium Copyright Act Notices (“DMCA Notice”)
Phonagraphy respects the intellectual property rights of others. It is, therefore, Site policy to expeditiously process, investigate and address notices of alleged infringement, and to take appropriate action under the DMCA and other relevant intellectual property laws.
If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Site, please provide the following information in writing to Phonagraphy’s Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):
- A signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner
- A description of the copyrighted work that you claim has been infringed.
- A description of the material that you claim is infringing or that you claim is the subject of the infringing activity and is to be removed or have access to same disabled, and information sufficient to permit Phonagraphy site administrators to locate the material.
- Information sufficient for us to contact you, such as address, telephone number and e-mail address.
- A statement that 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.
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
If you believe that any content or materials you posted, uploaded or submitted to the Site, that were subsequently removed from the Site, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to Phonagraphy’s Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):
- Your signature (physical or electronic)
- A description of the copyrighted work that you claim has been infringed.
- A statement under penalty of perjury that you have 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.
- Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
The Copyright Agent can be reached as follows:
By mail: 600 Flower Ave. #2 Venice, CA. 90291
By phone: 805-403-2993
By email: email@example.com
The Copyright Agent will only receive DMCA notices regarding claims of copyright infringement.
Please send other notices and comments to Phonagraphy’s Webmaster.
Phonagraphy is controlled and operated within the United States of America.Phonagraphy makes no representation that content, materials or products available on or through phonagraphy.com are appropriate or available for use outside of the United States. If you are accessing phonagraphy.com from a location outside the United States, then you are responsible for compliance with applicable laws, including local laws regarding online conduct and content, and U.S. export laws and regulations
You understand and agree that sending unsolicited email advertisements or posting unsolicited advertisements in the comments or through the Site’s computer systems in any way is expressly prohibited by these terms. Any unauthorized use of phonagraphy.com computer systems is a violation of these Terms, as well as certain federal and state laws, including, without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Limitation of Liability
You agree that in no event shall Phonagraphy be liable under contract, tort or strict liability, negligence or any other legal theory (i) with respect to the Site, the services available on the Site or any content available on the Site for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, (ii) for interruption of use or loss or corruption of date; or (iii) for any direct damages in excess of (in the aggregate) $100. If your state does not allow for the limitation or exclusion of incidental or consequential damages, the above provision may not apply to you.
Content (Restrictions on Use)
You agree that you will not:
- use the Site for promotional or commercial purposes, except as expressly permitted by Phonagraphy;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than your own added content), except as expressly authorized by Phonagraphy;
- reverse engineer any portion of the Site, except as may be permitted under the law;
- remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content with the exception of RSS feeds;
- access, retrieve or index the Site to construct or populate a searchable database of business reviews;
- reformat or frame any portion of the Site without consent by Phonagraphy;• To take any action that (i) imposes or may impose, in Phonagraphy’s sole discretion, an unreasonable or disproportionately large load on our infrastructure or server, including but not limited to, throttle violations; (ii) interferes or attempts to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypasses any measures we may use to prevent or restrict access to the Site;
Solely as examples, and not in any way limited to the following examples, you agree not to use the Site or services available on the Site:• To abuse, harass, threaten, stalk, impersonate, or intimidate other users of phonagraphy.com;
- To post or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that is degrading, intimidating, or hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- For any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- To post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any phonagraphy.com user;
- To create or submit unwanted email or communications to any other users of phonagraphy.com;
- To use or access the site in any manner that violates any laws in your jurisdiction;• To submit links to or comments soliciting on behalf of multi-level marketing schemes (so-called pyramid schemes);
- To attempt to impersonate another user or person;
- To sell or otherwise transfer your profile.
Right to Terminate
If you create an account on the Site, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Site. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Phonagraphy may change or remove any description or keyword that it considers inappropriate or unlawful. You must immediately notify Phonagraphy of any unauthorized uses of your account or any other breaches of security. You agree that Phonagraphy will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Phonagraphy has not reviewed, and cannot review, all of the material posted on or linked to the Site, and cannot therefore be responsible for user posted content, use or effects. By operating the Site, Phonagraphy does not represent or imply that it endorses the user material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
You acknowledge that Phonagraphy has no control over, and no duty to take any action regarding: which users gain access to the Site or use the services available on the Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Phonagraphy from all liability for you having acquired or not acquired content through the Site or the services available on the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive, inappropriate or otherwise objectionable, as well as content containing technical inaccuracies, violations of privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Phonagraphy makes no representations concerning any content contained in or accessed through the Site or services available on the Site, and Phonagraphy will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the services available on the Site and disclaims responsibility for any resultant harm.
Links and Search Results
The Site may reference or link to third-party sites throughout the World Wide Web. Phonagraphy has no control over these third-party sites or the content within them. Phonagraphy cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. Phonagraphy does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to link to another site, you agree and understand that you may not make any claim against Phonagraphy for any damages or losses, whatsoever, resulting from your use of the Site to link to another site. If you have a problem with a link from the Site, please notify Phonagraphy, and Phonagraphy will investigate your claim and take any actions Phonagraphy deems appropriate at its sole discretion.The service of the site, content and Site are provided on an “As Is” basis, without warranties of any kind, either express or implied, including, without limitation,implied warranties of merchantability, fitness for a particular purpose or noninfringement.
Severability of Agreement
If any provision of the Agreement is found by a court of competent jurisdiction or other binding authority to be invalid or unenforceable, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.