A Bequest Unearthed, Phoenicia, Legal Stuff

NOTE: By accessing or using this Web Site, you agree to be bound by our Terms of Use, which limit our liability and your permitted usage.

Phoenicia.org may periodically amend these Terms of Use. As you are bound by these Terms of Use, you should periodically review this page.

General Terms

GUESTS OF ALL AGES
EXTERNAL LINKS AND ADVERTISEMENTS
RESTRICTIONS OF USE OF MATERIALS
SUBMISSIONS
LICENSES AND REPRESENTATIONS
PUBLIC FORUMS AND COMMUNICATION
RULES OF CONDUCT
JURISDICTIONAL ISSUES
TERMINATION
DISCLAIMER
LIMITATION OF LIABILITY
INDEMNIFICATION
MODIFICATION TO THE WEB SITE
THIRD PARTY BENEFICIARY RIGHTS
MISCELLANEOUS

In addition to the above general terms and conditions, there are also special terms and conditions which govern your use of and/or access to certain web pages on the Web Site and form part of the Terms of Use. To go directly to any of the Special Terms, click on the link below:

Special Terms

PARTICIPATION IN COMPETITIONS

Please also read our Privacy Policy, which you can access by clicking here or on the "Privacy Policy" link displayed throughout the Web Site.

General Terms

1. GUESTS OF ALL AGES

This Web Site provides parents and children a safe, family oriented online destination where you can enjoy the wonderful world of Phoenicia.org together. The Web Site features a variety of entertaining and education content.

To join contests, campaigns and/or to log to the exclusive content areas, guests of the Web Site are required to register with Phoenicia.org. However, it is the policy of Phoenicia.org that we will not allow member registration or otherwise promote any services or product to guests under the age of 18. We request that parents and guardians approve the member registration of any guest below the age of 18 before that guest can enjoy these member benefits.

back to top

2. EXTERNAL LINKS AND ADVERTISEMENTS

The Web Site may contain hyperlinks to Internet sites and resources operated by third parties. These linked web sites are not under the control of Phoenicia.org. Phoenicia.org is not responsible for the availability of these outside resources or their contents, nor does it endorse or is it responsible for any of the contents, advertising, products or other material on such sites. Phoenicia.org shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of, or reliance on, any content, goods or services available on such sites. Any concerns regarding an external link should be directed to its responsible site administrator or webmaster.

The Web Site may also contain third party advertisements embedded with hyperlinks to third party web sites. All such advertisings are paid for by the relevant third party advertiser and are not recommendations or endorsements by Phoenicia.org or its affiliates. You should refer to the relevant advertiser for information on its products and/or services.

back to top

3. RESTRICTIONS OF USE OF MATERIALS

No material from the Web Site or any web site owned, operated, licensed or controlled by Phoenicia.org may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Phoenicia.org's copyright and other proprietary rights. For purposes of this Terms of Use, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download software from this Web Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Phoenicia.org. Phoenicia.org retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

The trademarks, logos and service marks of Phoenicia.org Enterprises, Inc. and Cap Cities/ABC, Inc. and/or its affiliates are collectively referred to as the "Trademarks". Nothing contained in the Web Site should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any Trademark displayed on the Web Site without the written permission of Phoenicia.org or its third party owner.

back to top

4. SUBMISSIONS

In these terms of use, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through the Web site.

There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" mean those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on the Web Site for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration") (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through the Web Site for which you do not seek Consideration (such as in our Guest Services and in Public Forums (as defined below in Section 6, entitled "PUBLIC FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.

DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.

Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through the Web Site. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration).

Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

back to top

5. LICENSES AND REPRESENTATIONS

You agree (on behalf of yourself and each person whose image, name, voice or other personal data appear in your Submissions) that we may use any and all of your Submissions (including any image, name, voice or other personal data contained therein) in perpetuity for any purpose (including for purposes of advertising, promotion or trade in connection with any information sites, products, services or attractions directly or indirectly owned, operated, licensed or controlled, in whole or in part, by us) and in any manner, medium and format without incurring any liability to you or any person (including the requirement to pay any compensation in respect of such use of your Submissions). You warrant that you have procured all assignments, waivers, releases and consents necessary to enable us to make use of your Submissions. In addition, you agree (on behalf of yourself and each person whose image, name, voice or other personal data appear in your Submissions) to release us from any and all claims, demands and causes of action, of every kind and nature in connection with our use of your Submissions.

You agree that all Submissions including the information contained therein are non-confidential and may be disclosed by us in any medium without any liability or compensation to you or any person.

You acknowledge and consent that we may, in our sole and absolute discretion, modify, amend, edit, change, translate, incorporate into any other materials, publish (or not publish), your Submissions or any part thereof as we deem appropriate.

You will fully indemnify us against all actions, losses, claims, damages, costs and expenses of whatever nature arising directly or indirectly from any breach by you of any representation or warranty or any term or condition contained herein.

All Submissions including the information contained therein will be transferred to our affiliated companies or service providers and maintained in our server located in the United States or other jurisdictions.

By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth below in Section 7 labeled "RULES OF CONDUCT")) and other requirements of these terms of use. These terms of use (including the licence given by you under this Section 5) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to the Submission.

back to top

6. PUBLIC FORUMS AND COMMUNICATION

"Public Forum" means an area, site or feature which may be offered as part of the Web Site that offers the opportunity for users to Distribute Submissions for viewing by the Web Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails). You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Submissions you Distribute on or through the Web Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.

back to top

7. RULES OF CONDUCT

The following Rules of Conduct apply to the Web Site. By using the Web Site, you agree that you will not Distribute any Submission that:

(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;

is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;

infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;

is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);

contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Web Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Web Site;

(a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

contains contents which impersonate others; or

contains contents which violate these terms of use (if you upload content that violates these terms of use, it will be rejected and your user accounts with Phoenicia.org websites may be suspended or terminated).

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

back to top

8. JURISDICTIONAL ISSUES

To the fullest extent permitted by applicable law, Phoenicia.org makes no representation that materials in the site are appropriate or available for use in any locations. Those who choose to access this site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya , North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

back to top

9. TERMINATION

Phoenicia.org reserves the right to terminate your access to all or part of this Web Site, with or without notice.

back to top

10. DISCLAIMER

THE MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Phoenicia.org DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Phoenicia.org DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE WEB SITE WILL BE MAINTAINED. Phoenicia.org DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT Phoenicia.org) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

back to top

11. LIMITATION OF LIABILITY

YOU USE THE WEB SITE ENTIRELY AT YOUR OWN RISK. Phoenicia.org MAKES THE WEB SITE AND ANY INFORMATION AND CONTENT THEREON AVAILABLE "AS IS" WITHOUT ANY EXPRESS WARRANTIES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Phoenicia.org EXCLUDES ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; OR (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, EVEN IF Phoenicia.org HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT Phoenicia.org IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OCCURRING ON OR THROUGH THE WEB SITE.

IF YOU ARE DISSATISFIED WITH THE WEB SITE, THE MATERIALS AVAILABLE ON IT, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, TO THE EXTENT THAT ANY WARRANTY OF LIABILITY CANNOT BE EXCLUDED, Phoenicia.org'S TOTAL LIABILITY IS LIMITED: TO (A) THE SUPPLY AGAIN OF THE SERVICES PROVIDED HEREIN OR (B) PAYMENT OF THE COST OF HAVING SERVICES SUPPLIED AGAIN.

back to top

12. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Phoenicia.org and its parents, subsidiaries, affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with your use of or conduct on the Web Site, content or messages posted or transmitted by you on or through the Web Site. Phoenicia.org reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

back to top

13. MODIFICATION TO THE WEB SITE

Phoenicia.org reserves the right to modify or discontinue the Web Site without prior notice. Phoenicia.org shall not be liable to you for any modification to or discontinuation of the Web Site.

back to top

14. THIRD PARTY BENEFICIARY RIGHTS

Phoenicia.org provides content for this Website and operates the information site advertised herein and shall therefore be protected by, and entitled to directly enforce, Sections 1, and 3 through 15 of these Terms of Use against you as a third party beneficiary to your agreement with Phoenicia.org.

back to top

15. MISCELLANEOUS

This agreement, and any disputes arising out of or in connection with this agreement or these Terms of Use, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of 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. This is the entire agreement between you and Phoenicia.org relating to the subject matter herein.

back to top

Special Terms

16. PARTICIPATION IN COMPETITIONS

All competitions that you may enter on the Web Site have their own rules and conditions, but for all of the competitions, the following general rules will apply:

Entering the Competition: If you are under 13 years old, you must have the permission of your parent or guardian before you may enter any of our competitions.

Please note that if you are under 18 and are domiciled in Indonesia, your entry into any of our competitions must be made by your parent or your guardian for your benefit.

If you win: If you are under 18 years old, Phoenicia.org will also notify your parent or guardian that you have won a prize, and offer your parent or guardian an opportunity to tell Phoenicia.org not to send the prize. Depending on the prize, Phoenicia.org may notify you by e-mail that you have won. Please read the rules of each competition carefully.

If you enter or win a competition, and Phoenicia.org discovers that you do not have the proper permission, then your entry will be ignored or invalid, as will be the offer of any prize.

back to top