The PhoneMag web service (the “Service”) contains material which is derived in whole or in part and is 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 Service including articles and images. You may download material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices with our written permission.
As part of our Service, PhoneMag agrees to provide you with information and other computer services subject to these Terms of Use. You agree to use our service in accordance with these Terms. Because the Web is an evolving medium, we may need to change these Terms of Use or impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Use on the website. By continuing to use PhoneMag after we post any such changes, you accept the Terms of Use, as modified.
You may establish a hypertext link to PhoneMag so long as the link does not state or imply any sponsorship of your site by PhoneMag. However, you may not, without the prior written permission of PhoneMag, frame any of the content of the Service, or incorporate into another website or other service any intellectual property of PhoneMag, its parent or affiliate companies or its licensors.
License to PhoneMag
By submitting articles or otherwise providing any material to us for display on the Service, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the website, you are granting PhoneMag a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Disclaimer
PhoneMag has provided links and pointers to Internet sites maintained by third parties. PhoneMag nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through PhoneMag or on a website linked to by PhoneMag. The materials in this site and the third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, PhoneMag disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. PhoneMag does not warrant that this website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
PhoneMag does not warrant or make any representations regarding the use or the results of the use of the Service or materials in this Service, or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not PhoneMag) assume the entire cost of all necessary maintenance, repair or correction.
You understand that PhoneMag has no obligation to monitor any areas of the Service through which users can supply information or material. However, PhoneMag reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in PhoneMag ’s sole discretion are objectionable or in violation of these Terms of Use.
Limitation of liability
Under no circumstances, including, but not limited to, negligence, shall PhoneMag, or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, PhoneMag materials, products, or services, third party materials, products, or services made available through PhoneMag, or any part of the PhoneMag Service even if PhoneMag is advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of PhoneMag, its subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that PhoneMag is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any PhoneMag material, products, or services, or with any of PhoneMag ’s terms and conditions, your sole and exclusive remedy is to discontinue using the PhoneMag Service
Termination
PhoneMag may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.
Other
This agreement constitutes the entire agreement between PhoneMag and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third party terms and conditions and these Terms of Use, these Terms of Use shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles or conflicts of law. If any provision of this agreement 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.
