Terms of Service

Last Updated:  April 24, 2017

Introduction and Consent

1)  Welcome to our website. This site is a service of Phoenix Media Network, Inc. (PMN).

Please read these Terms of Service (this “Agreement”) before using this website or any of our websites. If you continue to browse and use this website (“Site,” “Site(s),” or “Service”), you are agreeing to comply with and be bound by the following Terms of Service of use, which together with our Privacy Policy govern Phoenix Media Network’s relationship with you in relation to this website or any of our websites. If you do not agree with any part of these Terms of Service, please do not use our Site or provide any information to us.

General

2)  These Terms of Service govern your use of the websites, digital platforms, and the associated content, in each case which are owned by Phoenix Media Network, Inc., Phoenix Media Network, Ltd. , Phoenix Media Network B.V. , Asesoria Yentzen Consulting SPA, and their respective divisions, subsidiaries, and other affiliates (collectively, “Phoenix” or “we”). The appropriate address to be used for all communications can be found here.

3)  We reserve the right, at our sole discretion, to update or otherwise modify all or any part of this Agreement at any time, and you the user are deemed to be apprised of and bound by all such changes, effective immediately upon your first use of the website after posting the changes and as confirmed by the last revision date cited in this Agreement.

4)  Registration data and certain other information about you and your activities on the website(s) are subject to Phoenix’s Privacy Policy, which you may review in full at any time at http://www.producebusiness.com/privacy-policy/. You understand that through your use of the websites, you consent to the collection, storage and use of this data and information as provided in the Privacy Policy.

Intellectual Property Ownership Rights

5) You acknowledge and agree that the articles, data, images, video, audio, illustrations, contents, and other information on Phoenix sites are protected by U.S. and international copyright laws. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works, sell, license, or use for commercial purposes any material on Phoenix sites.  All rights not expressly granted in this Agreement are reserved by and to Phoenix.  No quotes from any material on Phoenix sites may be used in any media without proper attribution to Phoenix.

6) You acknowledge and agree that tools, applications, software, product names, logos, designs, titles, design/layout/appearance, and other elements in connection with the Site(s) are intellectual property, protected by trademark, servicemark, or other proprietary rights of Phoenix. You may not use any Phoenix intellectual property without our prior written consent. Unauthorized use of this site(s) or the site’s intellectual property may give rise to a claim for damages and/or be a criminal offense.

Disclaimers and Limitation on Liability

7)  The information contained in this website and on other Phoenix websites is for general information purposes only and is provided “as is.” Phoenix makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. The site(s) could contain typographical errors or technical inaccuracies. Phoenix does not make any warranties as to the results that may be obtained from the use of the site(s).  Phoenix reserves the right to add to, change, or delete its content or any part thereof without notice. Content on Phoenix site(s) is not intended as a substitute for professional advice of any kind.  Any reliance you place on such information is therefore strictly at your own risk.

8)  Additionally, this site may contain information provided by third parties, which includes, without limitation, the contents and software. Phoenix makes no representation or warranty regarding the completeness, accuracy, reliability, suitability, or availability of such information. Phoenix is not responsible for any errors, omissions, or inaccuracies contained in any information provided by third-parties.

9)  Links to Third Party Sites. Any other web sites that are accessible via any link on this Site are not under the control of Phoenix. Phoenix is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. Phoenix provides the linked sites to you only as a convenience and the inclusions of any such link on the Site does not imply our endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.

10)  Neither Phoenix nor its owners, directors, managers, employees or other representatives will be, in any event, liable for damages arising out of or in connection with the use of this site or any information, products or services contained herein, which includes, without limitation, the contents. This is a comprehensive limitation of liability that applies to all damages, including loss of data, income, profit or goodwill, loss of or damage to property, claims of third parties, indirect, consequential, special, incidental, or punitive damages arising out of the use or inability to use the site(s).

Events

11)  For Phoenix site(s) or site contents related to Phoenix events:

11.1)  Note that, except where specifically stated, all purchases are non-refundable. On most products, companies can substitute an alternate full time employee as a registrant in the event the original registrant is unable to attend.

11.2)  Note that admittance to a Phoenix event and related tours or sub-events is solely at the discretion of Phoenix.

11.3)  Registrants may be vetted for business classification and job title and may be denied entry or removed from the event at management’s sole discretion.

11.4)  Registrants and attendees agree to comply with all rules and regulations which Phoenix may promulgate from time-to-time.

Digital Millennium Copyright Act (“DMCA”) Notice

12)  Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service. In addition, we respond to notices of alleged copyright infringement in accordance with the DMCA’s safe harbor provisions. If you believe, in good faith, that any materials on the Service infringe a copyright, you may provide us with written notice that at a minimum contains the following information:

12.1)  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

12.2)  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

12.3)  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 us to locate the material.

12..4)  Information reasonably sufficient to permit us 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.

12.5)  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.

12.6)  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.

All DMCA notices should be sent to our designated agent as follows:

Phoenix Media Network Inc.
Attention: Ken Whitacre
P.O. Box 810425
Boca Raton, FL 33481 USA

Although it is our policy to terminate content-related relationships with third parties who repeatedly infringe the copyrights of others, Phoenix shall not be liable to you or any third party under any circumstances for declining to remove or replace any content or material on the Service.

 

Miscellaneous

13)  Governing Law, Venue for any Proceedings. Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms of Service, or any Phoenix products or services offered on or accessed via the Site, shall (i) be governed by Florida State law and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the State of Florida and you hereby submit to the jurisdiction of said courts.

14)  Complete Agreement; Changes to the Terms of Service. These Terms of Service represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications.

15)  Trademarks. Titles are registered trademarks or service marks of Phoenix. All other products, company names or other marks appearing on this Site are the trademarks of their respective owners. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without prior written permission of Phoenix or other trademark owners.

16)  Indemnification. You agree to defend, indemnify, and hold harmless Phoenix, its officers, directors, employees, members, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms of Service.

17)  Termination. Phoenix may terminate this agreement at any time. Upon termination, you agree to cease all use of this Site. Without limiting the foregoing, Phoenix shall have the right to immediately terminate your access and use of the Site, or any portion of the Site, in the event of any conduct by you or through your account which Phoenix, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms of Service.

18)  If you have any questions regarding our Terms of Service or Privacy Policy, please feel free to contact us by letter at the address below, or by e-mail at [email protected]

Phoenix Media Network Inc.
Attention: Web  Master/Privacy Rights
P.O. Box 810425
Boca Raton, FL 33481 USA