Phoenix Rising Group, including its associated Websites,
www.Immortallovedones.com, www.Immortalpets.com, www.Immortalheroes.com and
www.Immortalmoments.com, is operated by PRG Lending Corporation. PRG Lending
Corporation has established Phoenix Rising Group to hold and preserve content
posted to the Websites by users, for the benefit of such persons and their
descendents, loved ones, mentors and pets. The Terms of Use, incorporating the
Privacy Policy, is a legal binding contract between You and Phoenix Rising Group
and PRG Lending Corporation. By using the Websites and benefiting from what they
have to offer, You acknowledge that You have read, understood, and agree to be
bound by the Terms of Use.
I. Definitions
In the Terms of Use, the following terms have the following meanings:
1. "PRG" means PRG Lending Corporation.
2. "Phoenix" means Phoenix Rising Group, established by PRG Lending
Corporation.
3. "Registered User" means a user who registers with the Websites.
4. "You" means either (i) a User of the Websites (whether or not a
Registered User) not being a Minor, or (ii) a parent, guardian or educational
supervisor that has allowed a Minor to visit or use the Websites. In case (ii)
You will be held legally responsible for the acts of the Minor.
5. "Minor" means any person under the age of 18, (Minors must seek
the permission of their parent, guardian or educational supervisor to use the
Website).
6. "Websites" means all associated websites operated by Phoenix
Rising Group and/or PRG Lending Corporation
II. User License
1. You are licensed to access and use the Websites solely for personal
purposes in accordance with the terms set out in the Terms of Use.
2. Use for commercial purposes and any re-publication of the Websites or
content on the Websites is strictly prohibited, and You agree that the
consequences of commercial use or re-publication may be so serious and
incalculable that monetary compensation may not be a sufficient or appropriate
remedy.
3. Software may be made available in connection with the Websites, which You
may be permitted to access or download. You may only download, copy, reuse or
distribute software provided by the Websites where it is clearly stated in
connection with software that it is made available for offline use and a license
for that use is provided in connection with that software.
III. Website Content
1. It is the intention of PRG and Phoenix to make available in perpetuity
through the Websites or otherwise, and PRG and Phoenix shall take reasonable
measures to protect and preserve the content submitted by You.
2. All intellectual property rights in and relating to the Websites and the
content displayed on the Websites (other than contributions of Users) are owned
by PRG and Phoenix or a third party licensor.
3. You warrant that You own all material You post to the Websites or
elsewhere or have the right to post such material and the right to grant Phoenix
the license set out in the Terms of Use. In particular, all personal information
about others that You post must be done with the full consent of those others,
or must otherwise be lawful.
4. You grant PRG and Phoenix a non-exclusive perpetual royalty-free license
in their absolute discretion to host, distribute, edit or remove any part of the
material posted to the Websites.
5. You are solely responsible for all content that You post to the Websites.
You may not post, and PRG and Phoenix may in their absolute discretion remove,
any content that they believe:
a. constitutes pornography or is otherwise obscene, indecent, sexually
explicit, morally repugnant, or harmful to minors;
b. is defamatory of a real or legal person, or of goods or services;
c. violates a person's privacy or other rights relating to personal
information;
d. depicts violence, incites violence, threatens violence, contains harassing
content, hate speech, or incites racial or ethnic hatred;
e. is blasphemous or incites religious hatred;
f. impersonates or falsely attributes material to any person or entity;
g. discloses confidential or proprietary information of another person;
h. is discriminatory in any way, including by way of sex, race, color,
religion, national origin, marital status or age discrimination;
i. might infringe another person's copyright, trade or service mark, patent,
or other intellectual property right;
j. creates a risk to safety or health, or compromises national security or
official secrets;
k. PRG or Phoenix deems to be, offensive, immoral or illegal;
l. is otherwise malicious, fraudulent, or may result in the reputation of the
Websites, PRG or Phoenix being damaged;
m. is otherwise illegal or solicits conduct that is illegal under laws
applicable to You PRG or Phoenix;
n. otherwise violates the Terms of Use.
6. You must not upload, post or otherwise transmit to the Websites any
material that contains software viruses or any other computer code, files or
programs that might interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment or do any other
act which causes or contributes to the same.
7. Upon submission of content to the Websites by You, the text may be
automatically screened using dictionary software for detecting indecent or
offensive words.
8. Any content submitted by You that is deemed to be in breach of the Terms
of Use will result in the content being removed, even if You have paid to use
the services provided through the Websites.
9. Activity that is brought to our attention, which appears in our sole
judgment to violate the law, may be brought to the attention of the proper
authorities.
IV. Communications with Users
1. Phoenix and/or PRG may send You communications, such as service
announcements, administrative messages and a Newsletter. It is a condition of
becoming and remaining a Registered User that You agree to receive these
communications.
2. Phoenix and/or PRG may, through the Newsletter, provide marketing
opportunities to its partners. The limitations on liability set out in the Terms
of Use apply to the fullest extent in relation to all material contained in the
Phoenix's Newsletter. PRG and Phoenix make no representation or warranty express
or implied concerning any goods or services offered or provided by any third
party and You agree that any recourse for dissatisfaction or problems with those
goods or services will be sought from the third party provider and not from PRG
or Phoenix.
V. No Warranty; Liability and Indemnity
1. PRG and Phoenix provides all content in the Websites "AS IS" and
without any warranty of any nature whatsoever, nor (without prejudice to the
comprehensive nature of the foregoing) do PRG or Phoenix make any
representations concerning the suitability, reliability or accuracy for any
purpose of the Websites or the contents of the Websites.
2. Neither PRG nor Phoenix shall be liable in contract, tort (including
negligence), or otherwise, for direct, consequential, indirect, or punitive loss
or damages, loss of business or business information, business interruption,
loss of profits or anticipated savings, loss of contracts or loss of or damage
to data, or for pure economic loss, regardless of whether any such loss or
damage would arise in the ordinary course of events or otherwise or is
reasonably foreseeable or is otherwise in the contemplation of the parties. In
addition, neither PRG nor Phoenix can be held liable for any content that is
posted by Users to the Websites. You acknowledge and agree that it would not be
possible for all such content to be perfectly screened, and You agree to take
the risk that content may be posted which violates your rights or contains
errors or inaccuracies, without any recourse against the PRG or Phoenix.
3. You will indemnify PRG and Phoenix from and against any damage, whether
direct, indirect or consequential, loss of data, restriction or loss of access
or technical errors resulting from your actions (including resulting from the
content posted by You or otherwise on the Websites).
4. Any material obtained through the use of the Websites is obtained at your
own risk, and You are solely responsible for any damage to or the destruction of
your computer system or loss of data or any other damage whatsoever that results
from the download of any such material in its original form or as a result of
any virus infection.
5. Nothing in the Terms of Use limits PRG or Phoenix's liability for anything
which may not be limited under the law applicable to the Terms of Use. Any
statutory rights You may have under consumer protection legislation remain
unaffected.
6. In some jurisdictions, limitation or exclusion of liability is only
permitted where such limitation is fair and/or reasonable. PRG and Phoenix
provide a comprehensive service at a minimal cost and, having considered all
matters, You agree that the limitations of liability set out in the Terms of Use
are fair and reasonable.
7. If You are dissatisfied with the Websites, or do not agree to any of the
terms of the Terms of Use, your sole and exclusive remedy is to discontinue
using the Websites.
VI. Minors
1. The consent of a parent, guardian or educational supervisor shall be
required before any Minor can use the Websites. Use of any part of the Websites
is confirmation that the person is an adult or is a Minor who has received
permission from a parent, guardian or educational supervisor to use the
Websites.
2. The consent of a parent, guardian or educational supervisor shall also be
required before any Minor can become a Registered User.
3. Neither PRG nor Phoenix can be held responsible for misuse of a Registered
User's invitations; nor shall they be held liable in the event that a Minor
falsely claims to be 18 or over.
VII. Registration and Security
1. As part of the registration process, You will select a password and choose
a unique web address for your site. You must provide Phoenix with accurate,
complete, and updated personal registration information. You must not use a web
address that Phoenix, in its sole discretion, deems offensive or otherwise
inappropriate.
2. You shall notify Phoenix immediately of any known or suspected
unauthorized use(s) of your website, or any known or suspected breach of
security, including loss, theft, or unauthorized disclosure of your password or
credit card information. You will be responsible for maintaining the
confidentiality of your password. You acknowledge and agree that under no
circumstances can PRG or Phoenix be held liable for any acts or omissions by a
Registered or other User of the Websites.
VIII. Sites and Sponsorship Fees
1. Subject to the terms of the Terms of Use, the sites created by Registered
Users via the Websites are available to be viewed online at no charge.
2. When You register to create a site, You will be granted a 14 day hosting
trial period for free. Following the hosting trial period, if your site has not
been sponsored, your site may become disabled or removed completely.
Alternatively, following the hosting trial period, your content may be limited
in content at the discretion of Phoenix or PRG.
3. All sites can be edited without charge at any time.
IX. Termination
1. PRG and Phoenix shall have the right to edit or delete your content and/or
terminate the Terms of Use and/or your access to the Websites, at any time
without notice in their absolute discretion. Without limitation to the
generality of the foregoing, PRG and Phoenix shall have the right to edit or
delete your content and/or terminate the Terms of Use, and/or your access to the
Website, at any time without notice in the event that:
a. You breach any term of the Terms of Use;
b. technical or other issues mean that it is no longer practicable for PRG or
Phoenix to continue to operate the Websites in whole or part.
2. The Terms of Use shall automatically terminate in the event that You
unsubscribe from the services provided via the Websites or from the
communications sent to you from PRG or Phoenix.
3. A Registered User may at any time ask Phoenix to delete without charge a
site created by that User.
4. Upon termination of the Terms of Use or access to the Websites (for
whatever reason), there shall be no refund of money paid to the user.
X. General
2. The parties agree to refer disputes of any sort whatsoever, arising out of
or relating in any way to the subject matter of this agreement, to arbitration
in the State of California, USA by a sole arbitrator agreed by the parties or in
default of agreement, appointed by the California Bar Association. Nothing in
this Clause shall prevent PRG or Phoenix from seeking injunctive relief.
3. Correspondence must be sent by post to: Phoenix Rising Group, 22715 Via
Santa Rosa, Mission Viejo, CA 92691 USA or by email to contact@immortalpets.com
4. The Terms of Use, which incorporates our Privacy Policy, constitutes the
whole of the legal contract between You, PRG and Phoenix.
5. Subject to mandatory national law to the contrary, the Terms of Use shall
be governed by and construed in accordance with California law.
6. The parties do not intend the Terms of Use to be enforceable pursuant to
the Contracts (Rights of Third Parties) Act 1999.
7. In the event that any term of this agreement is held to be invalid or
unenforceable by any arbitration, or other binding decision, the remainder of
this agreement shall remain valid and enforceable.
8. PRG and Phoenix each reserve the right to assign this agreement, and to
assign, license or subcontract any or all of our rights and/or obligations under
this agreement. You may not, without the written consent of PRG or Phoenix
assign, license or subcontract this agreement or any of your rights or
obligations under it.
9. PRG and Phoenix reserve the right to update and change the Terms of Use
from time to time without notice or acceptance by You. If any portion of this
agreement or any change of this agreement of the Websites is unacceptable to You
or will cause You to no longer be in compliance with the agreement, You may
discontinue use of the Websites at any time. Continued use of the Websites now
or following changes in this agreement implies that You have read, accepted and
are bound by the changes.
10. PRG and Phoenix shall not file a specific copy of the Terms of Use with
You.
11. The Terms of Use are only available in English.
Last Updated on May 12th 2007.