Terms of Use

Last Updated on March 1, 2008.

Welcome to the PHOENIX-LIFESTYLE.COM websites (individually and together, the "Site," "we," "us," or "our"). PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT. This Site is owned and operated by Phoenix Lifestyle LLC (referred to as "Phoenix Lifestyle")."You" are the person or entity using the Site, submitting User Materials, ordering or using Applications.

By using this Site, clicking on a button indicating your consent, or ordering or using certain applications, services or software, and content such as games and films for use therewith, either at no charge or for a fee (such applications, services, software and any related content provided by Phoenix Lifestyle or its licensors is referred to herein collectively as "Applications"), you agree to these Terms including but not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law. If you do not agree to these Terms, you do not have permission to use the Site. Phoenix Lifestyle reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via e-mail. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.

Payment terms and refund information (if applicable) for Applications and other products are provided in the ordering process and/or on the Help page in connection with ordering that product.

You may also be subject to additional terms and conditions when you use third-party content, services, or software (including Applications) accessed through or promoted on the Site.

1. Registration and ordering obligations

In consideration of your use of the Site and/or Applications, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration or ordering process, provided that in connection with registration, you do not need to, and should not, use your full or true name for your username. In addition, you represent that you are of legal age to form a binding contract and you agree to update information provided in connection with registration or the ordering process in order to maintain its truth, accuracy and completeness. The Site is intended for adults; children under 13 years of age may not create user accounts. If you provide information that Phoenix Lifestyle believes to be inaccurate, not current, or incomplete, or if you select a username that Phoenix Lifestyle in its sole discretion finds offensive or inappropriate, Phoenix Lifestyle has the right to suspend or terminate your account and refuse any and all current or future use of the Site. In addition, when submitting information to create a subscription, you agree to our credit card authorization policy, in which we issue a temporary $1 authorization to validate your credit card account. This policy helps protect you against credit card fraud and will not result in a charge to your account, though it may temporarily appear as a pending charge on some bank statements.

2. Agreement to deal electronically

All transactions with or through the Site or Phoenix Lifestyle may, at Phoenix Lifestyle's option, be conducted electronically. Phoenix Lifestyle may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

3. Obligation for using your password

ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Phoenix Lifestyle immediately to authorize Phoenix Lifestyle to deny access to the Site to anyone else presenting your password.

4. Limited non-commercial license to use site

Phoenix Lifestyle hereby grants you the limited right to view and use the Site only for the purposes of viewing or playing content such as films or games, posting Materials, using the embedded link function, placing product orders or for accessing information, Applications and services. Phoenix Lifestyle reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in Section 18. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to Phoenix Lifestyle. Minors should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from Phoenix Lifestyle, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; or (c) deep link to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.

The Site may allow users to upload, post, and/or distribute user submitted content, and use of the Site for this purpose is subject to the following conditions:

* You understand that all postings, messages, user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, files and other materials of any nature ("User Materials") that are transmitted to or via the Site are the sole responsibility of the person from which the User Materials originated. This means that the person who submitted the User Materials, and not Phoenix Lifestyle, is entirely responsible for the User Materials transmitted through the Site. Further, you understand that by using the Site you may be exposed to User Materials that are offensive, objectionable or indecent. You agree that you must evaluate, and bear all risks associated with, the use of any User Materials, that you may not rely on said User Materials, and that under no circumstances will Phoenix Lifestyle be liable in any way for any User Materials or for any loss or damage of any kind incurred as a result of the use of any User Materials posted, emailed or otherwise made available via the Site.
* When uploading User Materials to the Site, you agree to select an accurate category for your User Materials. In addition, you agree that you will refrain from using tags that do not pertain to the User Materials you uploaded or that infringe upon anyone else's trademark or other intellectual property.
* You shall not create a user name or screen name or upload to, distribute through or otherwise publish through the Site any User Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
* Your User Materials, user name and/or screen name will not disparage in any manner Phoenix Lifestyle, its Licensors, or their Applications, products, or services and sites.
* Your User Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
* You shall not upload to, distribute through or otherwise publish through the Site any User Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or services, including but not limited to 'chain letters' 'promo-codes', 'pyramid schemes' and 'spam'. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited.
* When uploading User Materials to the Site, should you opt to allow codes to be generated enabling others to link to your User Materials and/or display your User Materials on others web pages, you agree that your User Materials may be linked to or displayed by non-Phoenix Lifestyle websites and you consent to such linking or display.
* You shall not upload to, distribute through or otherwise publish through the Site any User Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
* You agree not to post or otherwise make available User Materials that disrupt the normal flow of message board dialogue with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users' ability to use message boards.
* You agree not to employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Materials transmitted through the Site.
* You agree not to post or otherwise make available User Materials that impersonate any person or entity, including but not limited to an Phoenix Lifestyle employee, or falsely state or otherwise misrepresent your affiliation with a person or entity.
* You agree not to post or otherwise make available User Materials that include personal or identifying information about another person without that person's explicit consent or that is false, deceptive, misleading, deceitful, or misinformative.
* You agree not to use message boards to contact anyone who has asked not to be contacted; 'stalk' or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; to post repeatedly the same or similar messages or otherwise impose unreasonably large loads on our infrastructure; use automated means, including spiders, robots, crawlers, or other data-mining tools or the like to download data from the message boards.
* If you choose to use the embedded link function, you agree not to embed a link on or within any illegal site, including but not limited to any site that is indecent, obscene or pornographic or that is determined to be otherwise objectionable in Phoenix Lifestyle's sole and absolute discretion. Phoenix Lifestyle reserves the right to disable embedded links at any time without notice.

You acknowledge that Phoenix Lifestyle may not pre-screen (but reserves the right to pre-screen) any User Materials posted by you or other users. Phoenix Lifestyle and its designees shall have the right (but not the obligation) in their sole and absolute discretion to re-categorize, refuse or remove any User Materials, as well as terminate your access to the Site. Phoenix Lifestyle may establish practices and limits concerning the use of the Site and Applications, including the maximum disk space that will be allotted to your use. You agree that Phoenix Lifestyle has no liability or responsibility for the storage or deletion of any User Materials that you submit or post. Phoenix Lifestyle reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.
Violations of Terms and Liquidated Damages

If you believe that any content on the Site (including, without limitation, User Materials) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please click here to send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Phoenix Lifestyle liquidated damages as follows:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Phoenix Lifestyle one thousand dollars ($1,000) for each such message.

Otherwise, you agree to pay Phoenix Lifestyle's actual damages, to the extent such actual damages can be reasonably calculated.

5. Limited non-commercial license to use applications

Phoenix Lifestyle may offer you the ability to use Applications. For example, Phoenix Lifestyle may provide chat areas, bulletin boards, e-mail functions, software and services that allow you to download specific content from the Sites to your computer, interactive software that allows you to create avatars, videos, photographs, musical compositions and mixes and cartoons. Without limiting your obligations and restrictions described in Section 4, your limited license to use the Applications is subject to the following conditions:

* The Applications that are made available to you are the copyrighted work of Phoenix Lifestyle and/or its suppliers. The use of each Application is governed by the end user license agreement ("EULA") that accompanies or is included in the Application or is expressly stated on the Site pages accompanying the Application and these Terms. In the event that no EULA accompanies the Application, then the Terms shall govern your use of the Application. You may not download or use any Application from the Site without agreeing to the EULA, if any, and these Terms. Certain Applications may be owned by third parties and distributed under a third party EULA and you agree that Phoenix Lifestyle shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
* Unless expressly stated otherwise in the EULA, you are granted only a limited license to download and/or use the Application from a single computer for personal and non-commercial purposes. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network, nor may you separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise reduce the Application to human perceivable form. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any U.S. or foreign law, rule or regulation. All rights in Applications not specifically granted to you in writing by Phoenix Lifestyle are reserved to Phoenix Lifestyle.
* Phoenix Lifestyle may cease support of any Application at any time in its sole discretion, as further described in Section 18.
* Applications you use or download from the Sites may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that Phoenix Lifestyle shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The Applications may also contain DRMS produced by Phoenix Lifestyle which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications.

6. Intellectual property rights

EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER Phoenix Lifestyle, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. EXCEPT FOR USER MATERIALS SUBMITTED BY YOU, NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.

Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is prohibited, unless specifically authorized by Phoenix Lifestyle. Accordingly no such content or Applications may be used on another web site without express written permission from Phoenix Lifestyle.

Please see Phoenix Lifestyle's Copyright & Trademark Notice for more detailed copyright and trademark information, use limitations and for notice and procedures for making a claim of copyright infringement to Phoenix Lifestyle.

7. Privacy policy

Phoenix Lifestyle respects your right to privacy and understands that visitors to Phoenix Lifestyle need to be in control of their personal information. To that end Phoenix Lifestyle has developed a Privacy Policy , and you should review it carefully. Your use of the Site is your consent to the Privacy Policy.

8. Submitting user materials and license grant

You understand that whether or not such User Materials are published on the Site, Phoenix Lifestyle does not guarantee any confidentiality with respect to any submissions. Phoenix Lifestyle does not want to receive confidential or proprietary information from you through the Sites or by email. In the absence of an express written agreement between you and an authorized Phoenix Lifestyle employee, any User Materials, information or idea you transmit to Phoenix Lifestyle by any means may be disseminated or used by Phoenix Lifestyle or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing entertainment products. You acknowledge, however, that because of Phoenix Lifestyle's and its affiliates' position in the entertainment industry, other persons, including Phoenix Lifestyle's employees, may have submitted to Phoenix Lifestyle or to others, or may have made public, or may hereafter create, submit to Phoenix Lifestyle or make public, similar or identical material that Phoenix Lifestyle may have the right to use. You understand and agree that Phoenix Lifestyle's use of material similar to or identical with the User Materials or containing features or elements similar to or identical with those contained in the User Materials will not obligate Phoenix Lifestyle to negotiate with you, nor will it entitle you to any compensation of any kind. However, this provision does not apply to personal information that is subject to our privacy policy, which is subject to separate provisions. Unless you enter into a separate written agreement with Phoenix Lifestyle, Phoenix Lifestyle does not claim ownership in User Materials you submit; however, by submitting User Materials in any form to Phoenix Lifestyle, in addition to other provisions of the Terms, you hereby waive any and all moral rights in connection with the User Materials and you automatically grant Phoenix Lifestyle a royalty-free, world-wide, non-exclusive, sub-licensable (through multiple tiers), and assignable right and license but not the obligation, to use, copy, publicly perform, publicly display, exhibit, broadcast, edit, (e.g., for promotional uses, dubbing, subtitling, translating, time constraints, and censorship rules), adapt, promote, package with other works, distribute, transmit, manufacture, market, license, rent and lease the User Materials, or any portion thereof, and sublicense others to do so (including through multiple tiers), in all languages, via all distribution channels in all media now existing or later invented, including but not limited to distribution via the Internet, wireless protocols, hard media, television, and downloading. The foregoing license granted by you terminates once you, or Phoenix Lifestyle, remove or delete a User Material from the Site. Notwithstanding anything herein to the contrary, the foregoing license shall survive with respect to any sublicenses granted by Phoenix Lifestyle until such sublicenses terminate or expire. You obtain no rights in any form, media, or technology incorporating the User Materials. If you want to submit films to Phoenix-Lifestyle.com, you should read the film submission information. Where you do not have control over removal or deletion of your User Material, you may forward a written removal request to Phoenix Lifestyle's legal department to request removal of your User Material, which removal shall take place within three (3) business days of Phoenix Lifestyle's receipt of your written request.

9. Indemnity

You agree to indemnify and hold Phoenix Lifestyle, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and User Materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.

10. Disclaimer of warranties

EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND PHOENIX LIFESTYLE, THE SITE AND APPLICATIONS, CONTENT, AND USER MATERIALS OFFERED AT OR THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. Phoenix Lifestyle HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN ADDITION, PHOENIX LIFESTYLE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.

11. Assumption of risks and mature content

YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT PHOENIX LIFESTYLE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.

Phoenix Lifestyle wishes to assist parents in their efforts to screen the material that their children can view online. Mature content on Phoenix-lifestyle.com is rated with the Internet Content Rating Association (ICRA). Phoenix Lifestyle cannot be held responsible for misdelivered information, missed notification, or third-party software that malfunctions and allows viewing of mature content on Phoenix Lifestyle.

While no parental software package replaces careful supervision of Internet use by children, these parental software products may be useful. Some sample parental software products include but are not limited to: Net Nanny (http://www.netnanny.com), Cyber Patrol (http://www.cyberpatrol.com), Cybersitter ( http://www.solidoak.com ). Please be advised that Phoenix Lifestyle does not endorse any one parental software package and is not responsible for the malfunction of any parental software package that you may chose to use.

12. No incidental, consequential or certain other damages

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER PHOENIX LIFESTYLE NOR ANY OF PHOENIX LIFESTYLE'S AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF PHOENIX LIFESTYLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

13. Limitation of liability and exclusive remedy

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY Phoenix Lifestyle OR ANY OF PHOENIX LIFESTYLE'S AFFILIATES OR AGENTS SHALL BE, AT PHOENIX LIFESTYLE'S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON PHOENIX LIFESTYLE; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO PHOENIX LIFESTYLE. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. Your representations and warranties

You represent and warrant for the benefit of Phoenix Lifestyle, Phoenix Lifestyle's suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you are 18 years old or an emancipated minor who possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the User Materials you submit to the Site and the User Materials are original to you; (g) the User Materials you submit to the Site do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the User Materials you submit to the Site do not constitute defamation or libel or otherwise violate the law, (i) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Materials to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the applicable Site and these Terms of Service; and (j) you agree to defend, indemnify, and hold Phoenix Lifestyle (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).

15. Links ; dvertisers

The Site contains links to third party sites that are not under the control of Phoenix Lifestyle and Phoenix Lifestyle is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. Phoenix Lifestyle provides links only as a convenience and the inclusion of the link does not imply that Phoenix Lifestyle endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Phoenix Lifestyle shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

16. International usage

This Site is controlled and operated by Phoenix Lifestyle from its offices within California, United States of America . Phoenix Lifestyle makes no representation that the Site, Applications, or related information offered by Phoenix Lifestyle are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

17. Ownership

Except for the User Materials, The Site, Applications, and related information are the exclusive property of Phoenix Lifestyle or its suppliers. All rights not licensed herein are hereby reserved to Phoenix Lifestyle or its suppliers.

18. Termination or cancellation of site access ; modifications to site and applications

If you violate these Terms, Phoenix Lifestyle may terminate or cancel your access rights to the Site and/or Applications immediately without notice. Phoenix Lifestyle may also block your use of the Site and/or Applications or direct you to cease using it. If you repeatedly violate these Terms, Phoenix Lifestyle will permanently suspend your access right to the Site and/or Applications. Phoenix Lifestyle reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that Phoenix Lifestyle shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof, except you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the Site or Applications that you have paid for.

19. Exclusive jurisdiction

These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site or any Application shall be litigated or otherwise heard in the appropriate forum in Los Angeles County , California . The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles, California, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California law.

20. Entire agreement

These Terms, as amended, your registration forms, and the disclosures provided by Phoenix Lifestyle and the consents provided by you, constitute the entire agreement between you and Phoenix Lifestyle. If any provision of these Terms and/or the Privacy Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and/or the Privacy Policy, as applicable, and shall not affect the validity and enforceability of any remaining provisions. Phoenix Lifestyle's failure to act with respect to a breach by you or others does not waive Phoenix Lifestyle's right to act with respect to subsequent or similar breaches.

21. Amendments

You agree that Phoenix Lifestyle may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from Phoenix Lifestyle to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering Applications after that date. No other amendments will be valid unless they are in a paper writing signed by Phoenix Lifestyle and by you.

22. Notices

Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to Phoenix Lifestyle by postal mail to: Phoenix Lifestyle LLC, 8033 sunset blvd. #259 Los Angeles CA 90046, or as to a successor address that Phoenix Lifestyle makes available on the Site or through other reasonable manner. If applicable law requires that Phoenix Lifestyle accepts email notices (but not otherwise), then you may send Phoenix Lifestyle email notice using Phoenix Lifestyle's Contact Phoenix Lifestyle Form . With respect to Phoenix Lifestyle's notices to you, Phoenix Lifestyle may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, Phoenix Lifestyle may give notice by sending email to the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.

Contact Information Disclosure. Phoenix Lifestyle's name and street address is Phoenix Lifestyle LLC, 8033 Sunset Blvd. #259 Los Angeles CA 90046 and Phoenix Lifestyle's telephone number is +1(866)270-3879. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Sites of the Department of Consumer Affairs may be contacted at 400 R Street, Sacramento , CA 95814 or (800) 952-5210.