Terms and Conditions
The Garden of the Phoenix Web site ("Site") is provided to you under these terms and conditions ("Terms and Conditions"). The Garden of the Phoenix Foundation may at any time revise these Terms and Conditions by updating this posting. By accessing, browsing or using the Site, you accept and agree to, without limitation or qualification, these Terms and Conditions (and any amendments). You are encouraged to visit this page from time to time to review the current Terms and Conditions.
Postings on the Site
From time to time, you may have an opportunity to post information, images or other materials to the Site. You agree that you will comply with all requirements and procedures for posting on the Site, including any applicable web policies that The Garden of the Phoenix Foundation may provide. The Garden of the Phoenix Foundation does not endorse any opinions or recommendations posted or transmitted by you or others. Any materials posted or transmitted on the Site are the responsibility of the person or persons posting the materials. It is strictly prohibited to post or transmit any unlawful, threatening, or infringing material or any material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, a violation of privacy or publicity, or otherwise violate any law. The Garden of the Phoenix Foundation shall have the right, but not the obligation, to inspect, remove, refuse or delete any content for any reason whatsoever. Access of repeat infringers will, in appropriate circumstances, be terminated.The Garden of the Phoenix Foundation is under no obligation to monitor or review discussions, chats, postings, transmissions, bulletin boards, or other similar materials on the Site and assumes no responsibility or liability arising from such content or materials or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, danger, or inaccuracy contained in any information within such locations on the Site.
The Garden of the Phoenix Foundation is pleased to have you link from your Web site to the Garden of the Phoenix Web site, located at www.gardenofthephoenix.org, provided you follow the guidelines listed below. You may only identify the Garden of the Phoenix and the Foundation in one of the following ways: by name: The Garden of the Phoenix and The Garden of the Phoenix Foundation by URL: www.gardenofthephoenix.org You may not reproduce the Garden of the Phoenix logo, which are also trademarks, without an express license from The Garden of the Phoenix Foundation. You may not list the Garden of the Phoenix name, or any variation thereof, in a false, disparaging, unsuitable, or otherwise unfavorable light, including listing the Garden of the Phoenix’s name near or in association with third-party names or images that in the Garden of the Phoenix’s sole opinion are damaging to its reputation. You agree to remove your link upon reasonable request of the Garden of the Phoenix. You may not frame or transport viewers to any other location outside the Garden of the Phoenix’s Web site using the Garden of the Phoenix’s name, or any variation thereof, without the prior written permission of The Garden of the Phoenix Foundation. You may not import or capture any image or other material on the Garden of the Phoenix’s Web site without obtaining prior written permission from The Garden of the Phoenix Foundation (email@example.com
), or other applicable third-party rights holder. Linking to the Garden of the Phoenix Web site does not grant you any ownership rights or interest in or to the Garden of the Phoenix or Foundation name or any variation thereof. You acknowledge that you have read and understood the rest of The Garden of the Phoenix Foundation’s standard Terms and Conditions. You accept the terms and conditions set forth and agree to abide by you, including, but not limited to, obtaining, at your sole expense and based on your sole legal judgment, any copyright or other intellectual property rights from third parties required under local, state, or federal law to use any image from our Web site. The Garden of the Phoenix Foundation has no obligation to link from its Web site to your Web site or to provide any reciprocal service of any kind. If you have any questions about this policy, please contact The Garden of the Phoenix Foundation at firstname.lastname@example.org
The text, images, data, audio and video clips, and other content on the Site ("materials") are protected by copyright and may be covered by other restrictions as well. The Garden of the Phoenix Foundation, and relevant third parties, own and expressly reserve all rights, including copyright, in whole and in part, throughout the world, in the materials on the Site. The Site, and the materials contained therein, may be used only as set forth in these Terms and Conditions or by obtaining explicit written permission from the The Garden of the Phoenix Foundation and/or the relevant copyright or other rights holder. Any unauthorized use or modification of the materials on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, contract, and communications regulations and statutes and any other applicable laws. The Garden of the Phoenix Foundation expressly reserves all rights and remedies available under said law, regulations and statutes. You may not distribute, modify, transmit, reuse, download, repost, copy, or use the contents of the Site for public or commercial purposes, or for personal gain, without the express prior written permission of The Garden of the Phoenix Foundation. To learn more about how to request permission to use the contents on the Site, please see the section on "Obtaining Permission" below.
You may use this Site for limited noncommercial, educational, and personal use only, or for "fair use" as authorized in the United States copyright laws, and provided further that you also retain all copyright and other proprietary notices contained on the materials and cite the author and source of the materials. The Garden of the Phoenix Foundation neither warrants nor represents that your use of any materials displayed on the Site will not infringe its rights or the rights of third parties not owned by or affiliated with The Garden of the Phoenix Foundation. Material under copyright owned by a third party may not be used in any form and may not be copied or downloaded without permission from the holder of the underlying copyright.
Anyone wishing to use the materials from this Site for purposes other than as authorized herein must obtain prior written approval. Permission for such use may be granted on a case-by-case basis at the sole discretion of the Garden of the Phoenix or the appropriate rights holder. A usage fee may be charged depending on the nature of the proposed use. For images on the Site and any text excerpts contact the Site by e-mail, email@example.com
The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on the Site, including "Garden of the Phoenix" and variations thereof, are unregistered Trademarks of The Garden of the Phoenix. The Trademarks of third parties may also be displayed on this Site. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the prior written permission of The Garden of the Phoenix Foundation or such third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks or any other materials, is strictly prohibited.
Disclaimer of Warranties
The Garden of the Phoenix Foundation assumes no liability for any errors or omissions in the content of the Site. The Garden of the Phoenix Foundation is engaged in an ongoing process of updating and revising the materials on this Site. The Garden of the Phoenix Foundation further reserves the right to withdraw any image, text, or data from the Site at its sole discretion at any time. The Garden of the Phoenix Foundation assumes no liability for any damages or losses that may occur to you or any third party based on its actions. In the event that the Site is unavailable, either on a temporary or permanent basis, the Garden of the Phoenix Foundation assumes no liability for any losses that may occur to you or any third party arising out of the unavailability of the Site. All materials on the Site are provided "AS IS" and "AS AVAILABLE" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT SUBSISTENCE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS OR WILL CORRECTED. The Garden of the Phoenix Foundation assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your use of the Site or your downloading of any materials from the Site.
Limitation of Liability
THE GARDEN OF THE PHOENIX FOUNDATION, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES, AND OTHER AGENTS AND REPRESENTATIVES SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
The Garden of the Phoenix Foundation has not reviewed all of the sites linked to the Site and has no control over and is not responsible for the content or privacy policies of any off-site pages or other sites linked to the Site. Any Web sites linked to or from the Site (regardless of whether they are affiliate with The Garden of the Phoenix Foundation) are for your convenience only, and you access them at your own risk. Any information that you may provide to such third party sites are at your own risk.
Severance and Waiver
You acknowledge and agree that if any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The Garden of the Phoenix Foundation's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by The Garden of the Phoenix Foundation.
Choices of Law and Jurisdiction
The Terms and Conditions are governed by the laws of the State of Illinois without regard to its conflict of laws rules. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal
These Terms and Conditions constitute the entire agreement between The Garden of the Phoenix Foundation and you and govern your use of the Site, and you agree and acknowledge that any other agreements between you and The Garden of the Phoenix Foundation are superseded and of no force or effect.