phscales.com Terms of Use
These terms of use (“terms of use”) are between you (if you are under the legal age of majority, “you” includes your parents or legal guardians) and phscale.org. (“phscale”, “we”, “us” or “our”) with regard to the phscale website (defined below) (the “site”). Please read them carefully. By using or accessing the site or by providing information through the site, you acknowledge that you have read and agree to be bound by these terms of use. In addition, if you are using a particular service on the site or accessed via the site, you agree to be subject to any rules or guidelines applicable to such services, and such rules or guidelines will be incorporated by reference within these terms of use. If you do not agree to these terms of use, or you do not meet any eligibility requirements established by phscale for use of and access to the site, you may not access or otherwise use the site.
Unless you are visiting phscales website that specifically allows otherwise, (i) children under the age of 13 are not allowed to visit or otherwise use the site, and (ii) you acknowledge that you are 13 years of age or older, and, if under the age of 18, are using the site under the supervision of a parent or legal guardian.
you agree to the terms and conditions of the phscales‘s privacy policy (“privacy policy”) hereby linked by reference, which details the ways in which we use personal information that belongs to or is related to you.
“SITE” DEFINED
The “Site” encompasses various phscales sites in different subdomains/languages , including without limitation all content, materials, information, policies, modifications, updates, enhancements, revisions, new features, and or new web properties of such pages, along with all Site services provided through such websites and web pages.
MODIFICATION OF THESE TERMS OF USE
You are responsible for regularly reviewing these Terms of Use. Phscale has the right, but not the obligation, to correct any errors or omissions in any portion of the Site and these Terms of Use. Phscale reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of the Site or these Terms of Use, in whole or in part, at any time, without prior notice. All changes to these Terms of Use are effective immediately upon being posted to the Site. Your continued use of the Site following any changes to these Terms of Use will mean you accept these changes.
SITE USE
Restrictions on Use
You agree to use the Site only as provided herein. You will not:
- Transmit to the Site any content, or conduct yourself in any manner, that could be construed as defamatory, libelous, obscene, bigoted, hateful, racially offensive, vulgar, harassing, inflammatory, pornographic, violent, profane, threatening, inaccurate, deceptive or unlawful, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Send any bulk commercial email, send any unsolicited email, or conduct or forward to any party any surveys, contests, pyramid schemes or chain letters. Falsify or delete any author attributions, copyright notices or legal or other proper notices or proprietary designations or labels of the origin or source of materials accessed through the Site.
- Harvest or otherwise collect information about others, including e-mail addresses and phone numbers.
- Use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site, including without limitation uploading files that contain viruses or corrupt files.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
- Violate any applicable laws or regulations, including any intellectual property laws or regulations, or violate these Terms of Use or any Site guidelines.
- Access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Site, including misrepresentation as an phscale agent or representative, or misrepresentation stating or implying our endorsement of you or your product or activity.
- Use the Site in any manner that could create a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement.
INFORMATION DISCLOSURE
Disclosure Under Law
Phscale serves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in phscale‘s sole discretion.
Providing Correct Personal Information
In the course of using the Site, you will be required to enter certain information, including without limitation personally identifiable information (collectively, “Information”). You represent and warrant that you will provide phscale with full, true and correct Information, and to update such Information on the Site promptly as reasonably necessary and as required by the Site.
MATERIALS
License in Materials
Unless you become a member of the phscale‘s writer community, phscale does not claim ownership of any data, information (both personal or otherwise), comments, suggestions, feedback, or other materials that you enter through the Site (collectively, “Materials”). However, by transmitting, uploading, inputting, providing or submitting any Materials, you are granting phscale and its affiliated companies and sublicensees a non-exclusive, royalty-free, compensation-free, perpetual, worldwide, irrevocable and fully sublicenseable license to use such Materials for any purpose at phscales discretion, including without limitation incorporating such Materials into the site, and confirming that such Materials are non-confidential and non-proprietary. You hereby waive all rights to any claim against phscale for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Materials.
User Representations and Warranties
By using or accessing the Site or uploading, inputting, providing or submitting your Materials, you (1) represent and warrant that you own or otherwise control all of the rights to your Materials necessary to grant the licenses granted in this Section (Materials), including, without limitation, all the rights necessary for you to input or submit the Materials, and have all right, power and authority to enter into these Terms of Use and full perform hereunder, (2) represent and warrant that your use of the Site, Site content and/or Materials does not and will not violate or infringe any third party right, including but not limited to any third party intellectual property right, right of publicity or privacy, right of trade secret or confidentiality, or contractual right, or violate any other agreement to which you are bound or any law, rule or regulation, (3) represent and warrant that you will comply with all applicable laws, contracts and/or agreements, at your sole expense and liability, in connection with your use of or access to the Site, and (4) agree that phscale shall not be liable to you or any third party for accepting or not accepting your Materials or for deleting or not deleting your Materials, in whole or in part.
Your Responsibility for Materials and PhScales‘ Monitoring Rights
You will be responsible for your own Materials and the consequences of transmitting those Materials. Phscale has no obligation to monitor you or any other user’s use of the Site. Phscales reserves the right to review and monitor your use of the Site, including without limitation your use of any user ID and/or password in accessing the Site and any Materials entered into or revised on the Site, and to remove any Materials in its sole discretion. Phscales reserves the right to restrict or terminate your access to the Site, including, without limitation, your access to any or all of the services provided thereunder or your ability to use any Site user ID and/or password, at any time without notice if we believe you have violated these Terms of Use or are likely to violate these Terms of Use. Your sole remedy against phscale in the event of a dispute arising out of these Terms of Use, the Site or your use thereof, is to terminate these Terms of Use by ceasing your use of the Site. Phscale may also change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content.
DISCLAIMERS
No Reliance or Medical Advice
The Site may contain general information relating to medical conditions and the treatment of such conditions. Such information is not intended as a substitute for medical advice. The Site should not be used in place of a visit or consultation, or of otherwise securing the advice of your physician or other health care provider. You acknowledge that phscale is not engaged in rendering legal, medical, counselling, or other professional services or advice. We encourage you to seek appropriate professional advice from your physician or other health care professional promptly for any situation or problem that you may have.
Content Reservation
Any content which are abusive, spread hatred, are racial, or in any way hurting anyone’s opinions will never be entertained. We keep our content moderated to maintain the integrity of individuals. We reserve all rights to reject such content at the very moment we come across or get any report.
The site may also contain general information and awareness about application security in Technology that is purely for educational purpose. Phscales does not hold any kind of liability for misusing or misinterpreting the knowledge.
In case of such content that does not follow Content Policy, Please report to us lphscales2@gmail.com
External Links or References
The Site may contain links or references to other parties’ sites, which links are provided as a convenience to you only. Please be aware that we cannot be and are not responsible for the privacy or other practices of any such outside sites (which sites are not part of the Site), and phscale expressly disclaims any and all liability related to such sites and sites relating thereto. phscale does not endorse, and is not responsible or liable for, directly or indirectly, any damage or loss caused or alleged to be caused by or in connection with any content, advertising, products or other information on or available from such linked sites or any link contained in a linked site. We encourage our users to consider this if they decide to visit such outside sites and to read the applicable privacy policies and terms of use of each such sites.
Disclaimer of Representations and Warranties
You agree that your use of the phscale site is at your own risk. Efforts by phscale to modify the site shall not be deemed a waiver of these limitations. The phscale site, including all content, information or services provided through the site, is provided “as is,” as a convenience to all users without representation or warranty of any kind to you or any third party, including, without limitation, any express or implied warranties (1) of merchantability or fitness for a particular purpose, (2) of informational content or accuracy, (3) of non-infringement, (4) of quiet enjoyment, (5) of title, (6) that the site will operate in an error free, timely, secure, or uninterrupted manner, is current and up to date and accurately describes phscale‘s products and services, or is free of viruses or other harmful components, (7) that any defects or errors in the site will be corrected, or (8) that the site is compatible with any particular hardware or software platform.
Disclaimer of Liability
In no event shall phscale and its officers, directors, agents, employees, licensors, representatives, internal operating units, affiliates, subsidiaries, sublicensees, sponsors, successors and assigns, independent contractors, and related parties (collectively, with phscale , the “phscale entities”) be liable to you or any third party for any loss of profits, loss of use, loss of data, interruption of business, or any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the phscale site or with the delay or inability to use same, or for any breach of security associated with the transmission of sensitive information through the phscale site, or for any information, products, and services accessed through the site, or otherwise arising out of the use of same, whether based on contract, tort, strict liability, regulation, common law precedent or otherwise, even if phscale has been advised of the possibility of damages and even if such damages result from phscale‘s negligence or gross negligence. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, phscale‘s liability shall be limited to the fullest extent permitted by law. Additional disclaimers appear within the body of the site and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of the site or the material contained therein, such greater restrictions shall apply.
INDEMNIFICATION
You will indemnify, defend (or settle) and hold harmless the phscale Entities from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys fees and all other costs, fees, and expenses (collectively, “Claims”) against any of the phscale Entities to the fullest extent permitted by law arising out of or in connection with (1) your conduct, provision of Materials or use of the Site, or such actions by any third party through you, (2) your violation of the rights of another person or party, (3) any Materials provided or made available by you, and (4) any breach or violation by you of your obligations under these Terms of Use, including without limitation any breach of your representations and warranties herein. In connection with any Claims that may give rise to your indemnification obligations as set forth above, the phscale Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to the phscale. Entities pursuant to this Section.
MISCELLANEOUS
No Joint Venture
You agree that no joint venture, partnership, employment or agency relationship exists between you and phscale as a result of these Terms of Use or your use of the Site.
No Waiver
The failure of phscale to enforce any provision of these Terms of Use will not be construed as a waiver or limitation of phscale right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms of Use.
Assignment
No assignment, delegation or other conveyance of these Terms of Use may be made by you (by operation of law or otherwise) without the prior written consent of phscales, to be given in its sole discretion. Phscales may assign its rights and obligations hereunder to any other party.
Statute of Limitations
Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation.
Agreement Binding
In the event that any provision of these Terms of Use is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms of Use will continue in full force and effect.
Notices
Notices to phscales under these Terms of Use shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to phscales, with such notices being effective as of the date of actual, confirmed receipt by phscales. Notices to you are deemed effective if sent to the email, fax, mail address or other contact information provided by you, and are deemed effective upon the earlier of being confirmed received or one day after having been sent.
Entire Agreement
Unless you become a member of phscales‘s writer community, these Terms of Use and the Privacy Policy contain the entire agreement between you and phscales with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and phscales with respect to the Site. Any rights not expressly granted herein are reserved. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. The headings and other captions in these Terms of Use are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms of Use. Those terms and conditions of these Terms of Use that assign liabilities to the parties extending beyond the term of these Terms of Use shall survive termination of these Terms of Use.
Phscales
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