These Terms of Service (the “Terms”) govern your use of https://www.phoenixdigitalmarketing.com (this website), as well as other Internet websites (“Websites”) or other methods of accessing any of the services (collectively, the “Service”) offered by Milky Way Digital LLC, a Pennsylvania Limited Liability company (referred to in these Terms as “we” or “us”). By accessing the Service on any of our platforms, you warrant and represent that you have read, understand, and agree to all terms and conditions stated herein, and you agree to be legally bound by them. If you do not agree with any of the terms and conditions in this policy, do not use the Service.
Other Terms of Service / Terms and Conditions on the Websites
The Websites offer services that may each have their own specific Terms of Service or Terms and Conditions, which apply to those specific services. For example, a service enabling a user to upload and share information with other users could be subject to an additional specific Terms of Service or Terms and Conditions agreement. In the event of a conflict between any of those Terms of Service / Terms and Conditions and these Terms, then these Terms shall control.
Revisions to the Terms of Service
Accounts on the Service are available only to persons of legal age to form a binding contract and who are not barred from receiving services under the laws of Canada, the US or other jurisdictions in which we operate, or to minor children over the age of 13. A minor over the age of 13 may use the Service only if registered to do so by his or her Parent. A Parent registering a minor child over the age of 13 accepts full responsibility for all obligations under this Agreement. Under no circumstances will the Service be available to minors under age 13.
By registering an account, you represent that you are a person of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada, the US or other jurisdictions and are either accepting this Agreement on behalf of yourself or your minor child. Accounts are personal and may not be shared with, or transferred to, anyone, except for a parent or guardian, who may permit one child over the age of 13 to use the Account instead of you (in which case you may not use that account). You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their minor children. Corporations and other entities are not eligible to register for an account.
It is your responsibility to keep your account access restricted to you individually. Your account is only allowed to be used by you individually and not shared with any other individuals or entities. Contact us immediately if you believe that your password or other account information has been compromised or taken.
To create an account, you must register to use the Service. To register, you must provide your full name and e-mail address, and select a user name. User names shall not contain profanity or defamatory or derogatory marks in any language; infringe on the rights of any person, whether living or dead; contain names of celebrities or media personalities; or violate trademarks. Upon registration, you must choose a password. You are also required to provide complete and accurate user information. We strive to respect your privacy by only requiring that you provide your name and an e-mail address; however, you may provide additional information upon registration. As a condition of using the Service, you agree that all user information you provide will be accurate. If you provide inaccurate information, your account may be terminated.
All aspects and content provided as part of the Service (“Service Content”) is our property, with the exception of User Content (see below). Service Content may not be modified, copied, distributed, reproduced, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written consent. Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Service and the Service Content and to download or print a copy of any portion of the Service Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish Service Content on any Internet site, on any other public or private site, or incorporate the information in any other database. Such license is subject to these Terms. Any use of the Service or of the Service Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited. Unless expressly provided herein, nothing in the Terms shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.
Parts of the Service may rely on user-submitted content. Any content uploaded by you is “User Content”. You may have certain intellectual property rights in the content that you upload. By enabling the content you upload to be accessed by the Service, you are giving us a broad license to use your content. Specifically, you grant us a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Service), communicate, publish, publicly perform, publicly display and distribute such content, in all any and all markets and media, whether now known or hereafter developed, throughout the world in perpetuity.
The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Service and to create new services if we so choose. This license continues even if you stop using the Service (an example of this would be if you stop using the Service and have not deleted your User Content). By uploading User Content, you warrant that you have the necessary rights to grant us this license for any content that you submit to our Service. You acknowledge that we do not independently investigate the validity, authenticity, propriety or copyright of User Content. If concerns are brought to our attention regarding whether User Content should be removed, we reserve the right to remove such content without notice.
DMCA Copyright Policy
We respect the intellectual property rights of users and of the public, and it is our expectation that our users will do the same. However, we do not independently investigate User Content. If you are a copyright owner or authorized to act on behalf of a copyright owner, please contact us using the notice required by the Digital Millennium Copyright Act (“DMCA”). We will make every effort to respond quickly to claims of copyright infringement.
Please use the form provided below:
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include all of the following statements in the body of the Notice:
- “I have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or law.”
- “Under penalty of perjury, I confirm that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that has allegedly been infringed.”
- “I verify that the information provided in this Notice is accurate.”
- Include your typed and your handwritten full legal name. If you submit the Notice using electronic mail or an online form, your typed full legal name will act as your electronic signature.
- Deliver this Notice, with all items completed, to Milky Way Digital LLC’s Designated Copyright Agent:
Milky Way Digital LLC
PO Box 1
Wayne, PA 19087
Accessing the Service
You may not do any of the following, unless we have given you our express prior written permission:
- upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable.
- harm legal minors.
- collect personal information on, “cyberstalk” or harass another user, or engage in conduct that negatively affects the online experience of another user.
- impersonate another user, person, or entity, including any of our officials, employees, or contractors.
- upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”
- intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act
- upload, post or transmit any software or files that contain software viruses or other harmful computer code.
- upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another. If we receive repeated DMCA notices of infringement regarding content posted by you, we reserve the right to take appropriate action, up to and including termination of your account without notice to you.
- collect users’ content or information, or otherwise access the Service, using any automated means (including, for example, scraping tools, robots, spiders, or other content harvesting tools that locate and copy content).
- provide others with any Service Content or User Content. This includes providing access to the Service within a window, frame, or other interface that alters the user interface of the Service.
- access the Service through any interface other than through an interface specifically provided by us for such access.
- attempt to use, use, or alter, any non-public areas of the Service or of the computers, networks, or delivery systems of either us or of our service providers.
- circumvent or attempt to circumvent any of our security measures. This includes, but is not limited to, probing, scanning, or otherwise testing our systems for vulnerabilities.
- use proxies or other efforts to evade our security measures.
- use the Service to send information containing altered, deceptive, or otherwise false source information (which could include, for example, identities, website or e-mail addresses, TCP-IP addresses, TCP-IP packet information, or e-mail headers).
- cause, or attempt to cause, an unreasonable burden on either the operation of the Service or access to the Service.
- attempt in any way to exceed the level of access to the Service granted by us. Such attempt may be a violation of laws, including but not limited to, the Computer Fraud and Abuse Act.
You acknowledge that we may communicate with you about such permission or lack thereof by our using an interface within the Service or by our using the contact information you have provided to us on your account. If you access the Service without permission you may be subject to civil or criminal penalties, to the extent permitted by law.
Accuracy of the Service
We rely on User Content, and cannot guarantee the accuracy of such content. Despite our efforts and those of our users, User Content could potentially contain inaccurate information or content.
We may suspend or remove your account and your right to use the Service immediately and without notice for any of the following reasons, which are not all-inclusive and are to be broadly construed:
- If you violate any provision of the Terms.
- If you infringe any intellectual property rights.
- If we are unable to verify or authenticate any information you provide to us.
- If you engage in behavior which we, at our sole discretion, determine is inappropriate, disrespectful of others , offensive and/or infringes upon the use and enjoyment of others.
- If you cause an unreasonable burden on either the operation of the Service or access to the Service.
- As required by law.
If we terminate this Agreement as above provided, you will lose access to your account. In the event that we terminate your account, you agree that we will not be liable to you for financial compensation or any non-financial remuneration.
THE SERVICE IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure that the Service will be continuous, error-free, secure or free of malware or viruses. Access to the Service is not guaranteed. You agree to assume the risk as to the results and performance of the Service on your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.
IN NO EVENT SHALL WE, AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE WEBSITE, YOUR ACCOUNT, OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND-TO THE EXTENT PERMITTED BY APPLICABLE LAW-DAMAGES FOR PERSONAL INJURY. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST US OR OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE US FROM SEEKING ANY INJUNCTIVE RELIEF.
To the extent authorized by law, you agree to indemnify and hold harmless our officers, agents, employees, subsidiaries, parents, affiliates and insurers from and against any and all liabilities, damages, losses, claims, lawsuits, costs and expenses (including reasonable attorneys fees) in connection therewith, resulting either directly or indirectly from: 1) your use of the Service, 2) any violation of these Terms of Service; or 3) your User Content.
Each provision of the Terms shall be interpreted in such a manner as to be valid, legal and enforceable. A determination that any provision of the Terms is for any reason invalid, illegal, or unenforceable shall not affect the validity of the Terms and any other provisions herein, and the Terms shall be interpreted and construed as if such invalid, illegal, or unenforceable provisions were not contained herein.
Waiver and Amendment
No breach of any provision of the Terms can be waived by us unless in writing. Waiver of any one breach shall not be deemed to be a waiver of any other breach of the same or any other provision of the Terms.
Paragraph titles or captions contained in the Terms are used for convenience or reference only and are not intended to and shall not in any way enlarge, define, limit, extend or describe the rights or obligations of you or us or affect the meaning or construction.
Resolution for Legal Disputes
The Terms shall be governed in all respects by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law provisions. You agree that any claim or dispute you may have against us must be resolved exclusively by binding arbitration in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Administered Arbitration (the “Administered Rules” or “Rules”) by a sole arbitrator. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The place of the arbitration shall be selected by us, and will be within 50 miles of West Chester, Pennsylvania.