Phoenix Binding Corporation
Website Terms and Conditions
Ownership
Welcome to the Phoenix Binding website (“Site”) which is owned by Phoenix Binding Corporaiton. This Site is operated by Phoenix Binding and materials on the Site are owned, for the most part, by Phoenix Binding. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Phoenix Binding.
Phoenix Binding has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms and Conditions which constitute an Agreement between you and Phoenix Binding. Please read these Terms and Conditions carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at contact@phoenixbinding.com.
Phoenix Binding reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes. If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.
Access and Use
All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Phoenix Binding or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting Phoenix Binding in writing at contact@phoenixbinding.com.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Unsolicited Submissions
Phoenix Binding does not knowingly accept unsolicited submissions including, without limitation, submissions of articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Phoenix Binding’s policy is to simply delete any such submission without reading it or forwarding it to other Phoenix Binding staff. Therefore, any similarity between an unsolicited submission and any elements in any Phoenix Binding creative work including, without limitation, a book, story, title or concept would be purely coincidental.
If unsolicited submissions are sent to Phoenix Binding via this Site, however, these submissions become the property of Phoenix Binding and may be used, copied, sub licensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Phoenix Binding sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Phoenix Binding, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Employment Opportunities
Phoenix Binding may, from time to time, post Phoenix Binding employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Phoenix Binding in response to employment listings, you are authorizing Phoenix Binding to utilize this information for all lawful and legitimate hiring and employment purposes. Phoenix Binding also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms and Conditions or contained in the site shall constitute a promise by Phoenix Binding to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms and Conditions or contained in the site constitute a promise that Phoenix Binding will review any or all of the information submitted to it by users.
Linked Sites and Advertising
If you are interested in creating hypertext links to this Site, you must submit your request to contact@phoenixbinding.com and receive a positive email confirmation from Phoenix Binding before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or Phoenix Binding, including its respective employees, agents, directors, officers, and owners.
If Phoenix Binding has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that Phoenix Binding is connected with, operates or controls these websites. Phoenix Binding is not responsible for the content or practices of third party websites that may be linked to this Site.
This Site may also be linked to other websites operated by companies affiliated or connected with Phoenix Binding. When visiting other websites, however, you should refer to each such website’s individual “Terms and Conditions” and not rely on this Agreement.
Phoenix Binding takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
Disclaimer of Liability and Warranties
While Phoenix Binding does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Phoenix Binding DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that Phoenix Binding, its parents and affiliates together with their respective employees, agents, directors, officers, and owners, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that Phoenix Binding is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that Phoenix Binding is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
Indemnity
You agree to defend, indemnify and hold harmless Phoenix Binding, its parents and affiliates together with their respective employees, agents, directors, officers, owners, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
Termination
Phoenix Binding reserves the right to immediately terminate your use of, or access to, this Site at any time if Phoenix Binding decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that Phoenix Binding considers to be inappropriate or unacceptable.
Notice and Procedure to Make Claims of Copyright Infringement
Phoenix Binding will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Phoenix Binding’s Designated Agent.
Service Provider(s): Phoenix Binding
Name/Contact Information of Designated Agent:
Site Administrator
Phoenix Binding Corporation
1463 Lunt Avenue
Elk Grove Village, IL 60007
Phone: 847.981.1111
E-mail: contact@phoenixbinding.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online side are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider 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;
- 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;
- 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.
Other
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
This Agreement is governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Illinois or, if appropriate, the United States District Court for the Northern District of Illinois for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.