TERMS OF SERVICE WWW.PHILLIPPHAIR.COM.
TERMS AND CONDITIONS OF USE
Welcome to the PhillipPhair.Com network web site at http://www.PhillipPhair.Com ("Site") which is owned by Phair.TV!, Inc. ("Phair.TV").
This
Site is operated by Phair.TV and materials on the Site are primarily
owned by Phair.TV. The Site is also a social networking service that
allows Members to create unique personal profiles online in order to
find and communicate with old and new friends. The services offered on
the Site include the Site’s Internet messaging service, and any other
features, content, or applications offered from time to time by Phair.TV
in connection with the Site (collectively, the "Site Services"). The
Site Services are hosted in Germany.
This Terms of Use Agreement ("Agreement") sets forth the legally binding
terms for your use of the Site Services. By using the Site Services,
you agree to be bound by this Agreement, whether you are a "Visitor"
(which means that you simply browse the Site) or you are a "Member"
(which means that you have registered with Phair.TV). The term "User"
refers to a Visitor or a Member. You are only authorized to use the Site
Services (regardless of whether your access or use is intended) if you
agree to abide by all applicable laws and to this Agreement. Please read
this Agreement carefully and save it. If you do not agree with it, you
should leave the Site and discontinue use of the Site Services
immediately. If you wish to become a Member, communicate with other
Members and make use of the Site Services, you must read this Agreement
and indicate your acceptance during the Registration process.
This Agreement includes Phair.TV’s policy for acceptable use of the Site
Services and Content posted on the Site, your rights, obligations and
restrictions regarding your use of the Site Services and Phair.TV’s
Privacy Policy. In order to participate in certain Site Services, you
may be notified that you are required to download software or content
and/or agree to additional terms and conditions. Unless otherwise
provided by the additional terms and conditions applicable to the Site
Services in which you choose to participate, those additional terms are
hereby incorporated into this Agreement. You may receive a copy of this
Agreement by emailing us at webmaster@phair.tv
, Subject: Terms of Use Agreement.
Phair.TV may modify this Agreement from time to time and such
modification shall be effective upon posting by Phair.TV on the Site.
You agree to be bound to any changes to this Agreement when you use the
Site Services after any such modification is posted. It is therefore
important that you review this Agreement regularly to ensure you are
updated as to any changes.
Phair.TV reserves the right, in its sole discretion, to reject, refuse
to post or remove any posting (including private messages) by you, or to
restrict, suspend, or terminate your access to all or any part of the
Site Services at any time, for any or no reason, with or without prior
notice, and without liability. Phair.TV expressly reserves the right to
remove your profile and/or restrict, suspend, or terminate your access
to any part of Site Services if Phair.TV determines, in its sole
discretion, that you pose a threat to Phair.TV and/or its Users.
1. Eligibility. Use of and Membership in the Site Services is void where
prohibited. By using the Site Services, you represent and warrant that
(a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information; (c) you are 14
years of age or older; and (d) your use of the Site Services does not
violate any applicable law or regulation. Your profile may be deleted
and your Membership may be terminated without warning, if we believe
that you are under 14 years of age.
2. Term. This Agreement shall remain in full force and effect while you
use the Site Services or are a Member. You may terminate your Membership
at any time, for any reason, by following the instructions on the
Member's Account Settings page. Phair.TV may terminate your Membership
at any time, without warning. Even after Membership is terminated, this
Agreement will remain in effect, including sections 5-17.
3. Fees. You acknowledge that Phair.TV reserves the right to charge for
the Site Services and to change its fees from time to time in its
discretion. If Phair.TV terminates your Membership because you have
breached the Agreement, you shall not be entitled to the refund of any
unused portion of subscription fees.
4. Password. When you sign up to become a Member, you will also be asked
to choose a password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account,
username, or password of another Member at any time or to disclose your
password to any third party. You agree to notify Phair.TV immediately if
you suspect any unauthorized use of your account or access to your
password. You are solely responsible for any and all use of your
account.
5. Non-commercial Use by Members. The Site Services are for the personal
use of Members only and may not be used in connection with any
commercial endeavors except those that are specifically endorsed or
approved by Phair.TV. Illegal and/or unauthorized use of the Site
Services, including collecting usernames and/or email addresses of
Members by electronic or other means for the purpose of sending
unsolicited email or unauthorized framing of or linking to the Site is
prohibited. Commercial advertisements, affiliate links, and other forms
of solicitation may be removed from Member profiles without notice and
may result in termination of Membership privileges. Appropriate legal
action will be taken for any illegal or unauthorized use of the Site
Services.
6. Proprietary Rights in Content on the Site.
1. Phair.TV does not claim any ownership rights in the text, files,
images, photos, video, sounds, musical works, works of authorship, or
any other materials (collectively “Content”) that you may post to the
Site Services (Content posted by any Member, "User Content"). After
posting your User Content to the Site Services, you continue to retain
all ownership rights in such User Content, and you continue to have the
right to use your User Content in any way you choose. By displaying or
publishing ("posting") any User Content on or through the Site Services,
you hereby grant to Phair.TV an unlimited license to use, modify,
publicly perform, publicly display, reproduce, and distribute such User
Content on and through the Site Services, the Phair.TV network or
otherwise.
Without this license, Phair.TV would be unable to provide the Site
Services. For example, without the right to modify User Content,
Phair.TV would not be able to digitally compress music files that
Members submit or otherwise format User Content to satisfy technical
requirements, and without the right to publicly perform User Content,
Phair.TV could not allow Users to listen to music posted by Members. The
license you grant to Phair.TV is non-exclusive (meaning you are free to
license your User Content to anyone else in addition to Phair.TV),
fully-paid and royalty-free (meaning that Phair.TV is not required to
pay you for the use on the Site Services of the User Content that you
post), sublicensable (so that Phair.TV is able to use its affiliates and
subcontractors such as Internet content delivery networks to provide
the Site Services), and worldwide (because the Internet and the Site
Services are global in reach). This license will terminate at the time
you remove your User Content from the Site Services. The license does
not grant Phair.TV the right to sell your User Content.
2. You represent and warrant that: (i) you own the User Content posted
by you on or through the Site Services or otherwise have the right to
grant the license set forth in this section, and (ii) the posting of
your User Content on or through the Site Services does not violate the
privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person. You agree to pay for all royalties, fees,
and any other monies owing any person by reason of any User Content
posted by you to or through the Site Services.
3. The Site Services contain Content of Phair.TV ("Phair. TV Content").
Phair.TV Content is protected by copyright, trademark, patent, trade
secret and other laws, and Phair.TV owns and retains all rights in the
Phair.TV Content and the Site Services. Phair.TV hereby grants you a
limited, revocable, nonsublicensable license to reproduce and display
the Phair.TV Content (excluding any software code) solely for your
personal use in connection with viewing the Site and using the Site
Services. If you wish to reproduce or distribute any Phair.TV Content
found on this Site you may submit a request for permission to reproduce
or distribute such Phair.TV Content by contacting Phair. TV in writing
at Phair. TV, Inc., Business & Legal Affairs, 10201 West Pico
Boulevard, Building 103, Los Angeles, California 90035. You are also
strictly prohibited from creating works or materials that derive from or
are based on the materials contained in this Site including, without
limitation, fonts, icons, link buttons, wallpaper, desktop themes,
on-line postcards and greeting cards and unlicensed merchandise. This
prohibition applies regardless of whether the derivative materials are
sold, bartered or given away. The only exception to this is policy if
the materials are provided to Users of the Site solely as part of a
contest or challenge, however, such works or materials and any
derivative works created by any User as part of any such contest or
challenge, and any copyright related thereto, will at all times remain
the sole property of the Site and/or Phair.TV.
4. The Site Services contain Content of Users and other Phair.TV
licensors. Except for User Content posted by you, you may not copy,
modify, translate, publish, broadcast, transmit, distribute, perform,
display, or sell any Content appearing on or through the Site Services.
7. Content Posted.
2. Phair.TV may delete any Content that in the sole judgment of Phair.TV
violates this Agreement or which may be offensive, illegal or violate
the rights, harm, or threaten the safety of any person. Phair.TV assumes
no responsibility for monitoring the Site Services for inappropriate
Content or conduct. If at any time Phair.TV chooses, in its sole
discretion, to monitor the Site Services, Phair.TV nonetheless assumes
no responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the
User submitting any such Content.
3. You are solely responsible for the Content that you post on or
through any of the Site Services, and any material or information that
you transmit to other Members and for your interactions with other
Users. Phair.TV does not endorse and has no control over the Content.
Content is not necessarily reviewed by Phair. TV prior to posting and
does not necessarily reflect the opinions or policies of Phair.TV.
Phair.TV makes no warranties, express or implied, as to the Content or
to the accuracy and reliability of the Content or any material or
information that you transmit to other Members.
Content/Activity Prohibited. Please choose carefully the information
you post on the Site and that you provide to other Users. Your Site
profile may not include the following items: telephone numbers, street
addresses, last names, and any photographs containing nudity, or
obscene, lewd, excessively violent, harassing, sexually explicit or
otherwise objectionable subject matter, including, without limitation,
photographs, video and/or text. Despite this prohibition, information
provided by other Site Members (for instance, in their Profile) may
contain inaccurate, inappropriate, offensive or sexually explicit
material, products or services, and Phair.TV assumes no responsibility
or liability for this material. If you become aware of misuse of the
Site Services by any person (including, but not limited to, any of the
items listed in this Section 8), please contact user@phair.tv or click
on the "Report Inappropriate Content" link at the bottom of any Site
page. E-mails or information sent to user@phair.tv for purposes other
than communication about misuse of the Site Services or
inappropriate/prohibited Content or activities on the Site Services may
not be acknowledged or responded to.
The following is only a partial list of the kind of Content that is
illegal or prohibited to post on or through the Site Services. Phair.TV
reserves the right to investigate and take appropriate legal action
against anyone who, in Phair.TV's sole discretion, violates this
provision, including without limitation, removing the offending
communication from the Site Services and terminating the Membership of
such violators. Prohibited Content includes, but is not limited to
Content that, in the sole discretion of Phair.TV:
1. is patently offensive and promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a
link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or
email addresses;
7. promotes information that you know is false or misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
9. involves the transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or
images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not
limited to making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for
commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising, or
pyramid schemes;
14. includes a photograph of another person that you have posted without
that person's consent; or
15. for any band and filmmaker profiles, uses sexually suggestive
imagery or any other unfair, misleading or deceptive Content intended to
draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal
or prohibited on the Site and through your use of the Site Services.
Phair.TV reserves the right to investigate and take appropriate legal
action against anyone who, in Phair.TV's sole discretion, violates this
provision, including without limitation, reporting you to law
enforcement authorities. Prohibited activity includes, but is not
limited to:
16. criminal or tortious activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling, harassment,
stalking, spamming, spimming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade secrets;
17. advertising to, or solicitation of, any Member to buy or sell any
products or services through the Site Services. You may not transmit any
chain letters or junk email to other Members. It is also a violation of
these rules to use any information obtained from the Site Services in
order to contact, advertise to, solicit, or sell to any Member without
their prior explicit consent. In order to protect our Members from such
advertising or solicitation, Phair.TV reserves the right to restrict the
number of emails which a Member may send to other Members in any
24-hour period to a number which Phair.TV deems appropriate in its sole
discretion. If you breach this Agreement and send unsolicited bulk
email, instant messages or other unsolicited communications of any kind
through the Site Services, you acknowledge that you will have caused
substantial harm to Phair.TV, but that the amount of such harm would be
extremely difficult to ascertain. As a reasonable estimation of such
harm, you agree to pay Phair. TV $50 for each such unsolicited email or
other unsolicited communication you send through the Site Services;
18. covering or obscuring the banner advertisements on your personal
profile page, or any Phair.TV page via HTML/CSS or any other means;
19. any automated use of the system, such as using scripts to add
friends or send comments or messages;
20. interfering with, disrupting, or creating an undue burden on the
Site Services or the networks or services connected to the Site
Services;
21. attempting to impersonate another Member or person;
22. for band profiles, copying the code for your Phair.TV Player and
embedding it into other profiles or asking other Members to embed it
into their profiles;
23. using the account, username, or password of another Member at any
time or disclosing your password to any third party or permitting any
third party to access your account;
24. selling or otherwise transferring your profile;
25. using any information obtained from the Site Services in order to
harass, abuse, or harm another person;
26. displaying an advertisement on your profile, or accepting payment or
anything of value from a third person in exchange for your performing
any commercial activity on or through the Site Services on behalf of
that person, such as placing commercial content on your profile, posting
blogs or bulletins with a commercial purpose, selecting a profile with a
commercial purpose as one of your top friends, or sending private
messages with a commercial purpose; or
27. using the Site Services in a manner inconsistent with any and all
applicable laws and regulations.
9. Copyright Infringement. If you believe that any material contained in
this Site, or any material or activity contained on a site to which
Phair. TV, by use of an information location tool, has referenced or
linked, infringes your copyright, you should notify Phair. TV of your
copyright infringement claim in accordance with the following procedure
set forth below.
Phair.TV will process notices of alleged infringement which it receives
and will take appropriate action as required by the Digital Millennium
Copyright Act (DMCA) and other applicable intellectual property laws.
The DMCA requires that notifications of claimed copyright infringement
should be sent to this Site's Designated Agent who is:
Copyright Agent
Phair. TV, Inc.
Email: PHAIR.TV.DMCA@fox.com
Subject Line: Phair. TV DMCA
Telephone: (310) 369-7069
Fax: (310) 969-5660
To be effective, the notification must be in writing and contain the
following information (DMCA, 17 U.S.C. §512(c)(3) and §512(d)):
A. Physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works
at that site;
C. Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient
to permit the service provider to locate the material (or in the case
of references or links that are claimed to have infringing material or
activity, identification of the reference or link, to material or
activity claimed to be infringing, that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit
the service provider to locate that reference or link);
D. Information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the complaining
party may be contacted;
E. A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law;
F. A statement, made under penalty of perjury, that the information in
the notification is accurate and that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
E-mails sent to PHAIR.TV.DMCA@fox.com without the appropriate subject
line or for purposes other than communication about copyright claims may
not be acknowledged or responded to. Phair.TV has a policy of
terminating repeat infringers in appropriate circumstances.
10. Unsolicited Submissions. Phair.TV does not knowingly accept, via
this Site or otherwise, unsolicited submissions including, without
limitation, submissions of scripts, story lines, articles, fan fiction,
characters, drawings, information, suggestions, ideas or concepts.
Phair.TV's policy is to simply delete any such submission without
reading it or forwarding it to other Phair.TV staff. Therefore, any
similarity between an unsolicited submission and any elements in any
Phair.TV creative work including, without limitation, a film, series,
story, title or concept would be purely coincidental.
If unsolicited submissions are sent to Phair. TV via this Site, however,
such submissions become the property of Phair.TV and may be used,
copied, sublicensed, adapted, transmitted, distributed, publicly
performed, published, displayed or deleted as Phair.TV sees fit. You
agree that you are not entitled to any compensation, credit or notice
whatsoever and that by sending an unsolicited submission you waive the
right to make any claim against Phair.TV, its parents or affiliates
relating to unsolicited submissions, including, without limitation,
unfair competition, breach of implied contract or breach of
confidentiality.
11. Employment Opportunities. Phair.TV may, from time to time, post
Phair.TV employment opportunities on the Site and/or invite Users to
submit resumes to it. If you choose to submit your name, contact
information, resume and/or other personal information to Phair. TV in
response to employment listings, you are authorizing Phair.TV to utilize
this information for all lawful and legitimate hiring and employment
purposes. Phair.TV also reserves the right, at its sole discretion, to
forward the information you submit to its parents, subsidiaries and
affiliates for legitimate business purposes. Nothing in this Agreement
or contained in the Site shall constitute a promise by Phair.TV to
contact, interview, hire or employ any individual who submits
information to it, nor shall anything in this Agreement or contained in
the Site constitute a promise that Phair.TV will review any or all of
the information submitted to it by Users of the Site.
12. Sweepstakes and/or Contests. Sweepstakes, contests, games and other
promotions run on the Site by Phair.TV may require the User to provide
some personally identifiable information such as full name, address,
e-mail address, and phone number, in order to participate. Phair. TV may
use a reputable third party to manage and administer some or all of its
sweepstakes and/or contests. This third party may have access to some
or all of the personally identifiable information that is provided by
the User in order to participate in the sweepstakes and/or contest. In
those instances, the third party will be instructed by Phair.TV to use
the personally identifiable information solely for the specific
sweepstakes and/or contest related purpose for which it was requested,
and in compliance with the Site’s Privacy Policy. Most often this
information is used only to select and contact winners of the
sweepstakes and/or contests. Any other use of the personally
identifiable information by the third party is strictly prohibited. Our
sweepstakes and/or contests are targeted to individuals 18 years of age
and older, and individuals under 18 years of age are not eligible to
participate unless specifically permitted by the official rules of the
related sweepstakes or contest. Phair.TV requires proof of age in order
for an individual to collect any prizes awarded. Individuals may only be
a prize winner once in any ninety (90) day period.
13. Member Disputes. You are solely responsible for your interactions
with other Phair.TV Members. Phair. TV reserves the right, but has no
obligation, to monitor disputes between you and other Members.
14. Privacy. Use of the Site Services is also governed by our Privacy
Policy PRIVACY POLICY , which is incorporated into this Agreement by
this reference.
15. Disclaimers. Phair.TV is not responsible for any incorrect or
inaccurate Content posted on the Site or in connection with the Site
Services, whether caused by Users of the Site Services or by any of the
equipment or programming associated with or utilized in the Site
Services. Profiles created and posted by Members on the Site may contain
links to other websites. Phair.TV is not responsible for the Content,
accuracy or opinions expressed on such websites, and such websites are
in no way investigated, monitored or checked for accuracy or
completeness by Phair.TV. Inclusion of any linked website on the Site
Services does not imply approval or endorsement of the linked website by
Phair.TV. When you access these third-party sites, whether or not sites
operated by companies affiliated or connected with Phair.TV, you do so
at your own risk. When visiting any third-party sites you should refer
to each such web site’s individual “Terms of Use” and not rely on this
Agreement in any way. Phair.TV takes no responsibility for third party
advertisements which are posted on this Site or through the Site
Services, nor does it take any responsibility for the goods or services
provided by its advertisers. Phair.TV is not responsible for the
conduct, whether online or offline, of any User of the Site Services.
Phair.TV assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access
to, or alteration of, any User or Member communication. Phair.TV is not
responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers,
computer equipment, software, failure of any email or players due to
technical problems or traffic congestion on the Internet or on any of
the Site Services or combination thereof, including any injury or damage
to Users or to any person's computer related to or resulting from
participation or downloading materials in connection with the Site
Services. Under no circumstances shall Phair.TV be responsible for any
loss or damage, including personal injury or death, resulting from use
of the Site Services, attendance at a Phair.TV event, from any Content
posted on or through the Site Services, or from the conduct of any Users
of the Site Services, whether online or offline. The Site Services are
provided "AS-IS" and as available and Phair.TV expressly disclaims any
warranty of fitness for a particular purpose or non-infringement.
Phair.TV cannot guarantee and does not promise any specific results from
use of the Site Services.
16. Limitation on Liability. IN NO EVENT SHALL PHAIR. TV BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PHAIR.TV HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, PHAIR.TV'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PHAIR.TV FOR THE SITE
SERVICES DURING THE TERM OF MEMBERSHIP.
17. U.S. Export Controls. Software available in connection with the Site
Services (the "Software") is further subject to United States export
controls. No Software may be downloaded from the Site Services or
otherwise exported or re-exported in violation of U.S. export laws.
Downloading or using the Software is at your sole risk.
18. Disputes. If there is any dispute about or involving the Site
Services, you agree that the dispute shall be governed by the laws of
the State of California, USA, without regard to conflict of law
provisions and you agree to exclusive personal jurisdiction and venue in
the state and federal courts of the United States located in the State
of California, City of Los Angeles for resolution of any dispute, action
or proceeding arising in connection with this Agreement or your use or
non-use of the Site, and you further irrevocably waive any right you may
have to trial by jury in any such dispute, action or proceeding..
19. Indemnity. You agree to indemnify and hold Phair.TV, its
subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from any loss, liability, claim, or
demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your use of the Site Services in violation of
this Agreement and/or arising from a breach of this Agreement and/or any
breach of your representations and warranties set forth above and/or if
any Content that you post on the Site or through the Site Services
causes Phair.TV to be liable to another.
20. Other. This Agreement is accepted upon your use of the Site or any
of the Site Services and is further affirmed by you becoming a Member.
This Agreement constitutes the entire agreement between you and Phair.TV
regarding the use of the Site Services. The failure of Phair.TV to
exercise or enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. The section titles in
this Agreement are for convenience only and have no legal or contractual
effect. Phair.TV is a trademark of Phair.TV, Inc. This Agreement
operates to the fullest extent permissible by law. If any provision of
this Agreement is unlawful, void or unenforceable, that provision is
deemed severable from this Agreement and does not affect the validity
and enforceability of any remaining provisions.
21. Copyrights © / Trademarks (TM). ©2008-2011 Phair. TV, Inc. All
Phair. TV related trademarks are owned by Phillip B. Phair and his
related entities or are used under license. All rights reserved. All
Phair. TV Content contained in the Site Services are protected by
copyright and trademark and shall not be used for any purpose whatsoever
other than private, non-commercial viewing purposes. Reproduction,
duplication, distribution, derivative works, and other unauthorized
copying or use of stills, audio, video footage, or any other materials
contained herein are expressly prohibited except as may otherwise be
allowed for in this Agreement.
Please contact us at: user@phair.tv with any questions regarding this
Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.
PRIVACY POLICY
PHAIR.TV, INC. PRIVACY POLICY (Effective as of January 01,
2009.)Phillipphair.com.is part of the Phair.TV! Group, which has adopted
a set of Privacy Principles applicable to all its U.S.-based companies.
Phair.TV has implemented those Principles in this Privacy Policy,
which describes how we collect, use and share personally identifiable
information (“PII”) we obtain from and about individuals located in the
U.S., both online and off-line.
Phair.TV is a general audience web site, and does not knowingly collect
PII from children under 13 years of age.
From time to time Phair.TV may revise this Privacy Policy to reflect
industry initiatives or changes in the law, our PII collection and use
practices, the features of our Web sites or technology. If we make
revisions that change the way we collect or use your PII, those changes
will be posted in this Privacy Policy and the effective date will be
noted at the beginning of this Policy. Therefore, you should review it
periodically so that you are up to date on our most current policies and
practices. If Phair. TV materially changes its practices regarding
collection or use of your PII, your PII will continue to be governed by
the Policy under which it was collected unless you have been provided
notice of, and have not objected to, the change.
COLLECTION: COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION (“PII”)
BY PHAIR. TV
General. Phair.TV collects personally identifiable information (“PII”
-- that is, information such as your full name, email address, mailing
address or telephone number) only in order to create or enhance our
relationship with you. When we collect PII from you it is because you
are voluntarily submitting the information to us in order to participate
in activities like sweepstakes, contests, games, surveys, forums,
subscription registrations, in connection with content or suggestions
you submit to us, chats or bulletin boards, or because you want us to
furnish you with products, services or information. We may also obtain
PII from reputable third parties.
Cookies. Cookies are small bits of information that the Phair.TV Web
sites place on the hard drive of your computer. Cookies remember
information about your activities on our site(s) and enable Phair. TV to
make your visits to our site(s) more enjoyable. For example, cookies
can store your password for easy logon to a site you have previously
visited, can save your preferences for a personalized home page or can
track the items you have placed in your “shopping cart” during a visit
to our online store. Information about your activities on Phair.TV Web
sites and other non-personally identifiable information about you may
also be used to limit the online ads you encounter to those we believe
are consistent with your interests.
Third party advertisements displayed on Phair.TV Web sites may also
contain cookies set by Internet advertising companies or advertisers.
Phair.TV does not control these cookies and visitors to our Web site(s)
should check the privacy policy of the Internet advertising company or
advertiser to see whether and how it uses cookies. See the “Notice”
section below for more information on third party advertisements.
Phair.TV may use cookies and similar tools to relate your use of our Web
site(s) to PII obtained from you or a reputable third party. For
example, if you’ve asked us to provide you information about our
upcoming products or promotions, cookie and/or click stream data about
your activities on Phair.TV Web sites may allow us to limit the
materials we provide you to items we think you will find interesting,
based on your prior online activities and preferences. However, if
Phair.TV wishes to combine your personal and cookie or click stream
information in this manner, we will obtain your express affirmative
consent.
You can program your computer to warn you each time a cookie is being
sent or to refuse cookies completely. However, without cookies you may
not have access to certain features on Phair.TV’s Web site(s), such as
Phair.TV Hook Ups or contests.
NOTICE: PHAIR. TV WILL PROVIDE YOU WITH NOTICE ABOUT ITS PII COLLECTION
PRACTICES
When you voluntarily provide PII to Phair.TV, we will make sure you are
informed about who is collecting the information, how and why the
information is being collected and the types of uses Phair.TV will make
of the information.
At the time you provide your PII, Phair.TV will notify you of your
options regarding our use of your PII, including whether we will share
it with outside companies (See “Choice” below). This Policy describes
the types of other companies that may want to send you information about
their products and services and therefore may want to share your
personal information, provided you have given Phair.TV permission to do
so (See “Use” below).
Sometimes we collect personally identifiable information from consumers
in manual format or off-line, such as a post card or subscription form.
Providing detailed notice in those situations often proves impractical,
so consumers will instead be provided with a short notice that describes
how to obtain the full text of this Policy and other relevant
information from us.
Phair.TV’s Web site(s) may be linked to Internet sites operated by other
companies. Some of these third party sites may be co-branded with a
Phair.TV logo, even though they are not operated or maintained by
Phair.TV (for example, the co-sponsored chat pages, or advertising
sponsor pages). Phair.TV’s Web site(s) also carry advertisements from
other companies. Phair.TV is not responsible for the privacy practices
of Web sites operated by third parties that are linked to our site(s) or
for the privacy practices of third party or national Internet
advertising companies. Once you’ve left a Phair.TV site via such a link
or by clicking on an advertisement, you should check the applicable
privacy policy of the third party or advertiser site to determine how
they will handle any PII they collect from you.
Phair.TV’s Web site(s) may also be linked to Web sites operated by
companies affiliated with Phair. TV (i.e., that are part of the News
America Group). Although all News America Group entities adhere to the
group’s Privacy Principles (http://www.newscorp.com/privacy.html),
visitors to those affiliated sites should still refer to their separate
privacy policies and practices, which may differ in some respects from
this Policy.
Some of the advertisements that appear on Phair.TV’s Web site(s) are
delivered to you by national Internet advertising companies such as
Doubleclick and 24/7Real Media. These companies utilize certain
technologies to deliver advertisements and marketing messages and to
collect anonymous information about your visit to our site(s), including
information about the banner ads they display, any cookie they place on
your computer and your IP address. PHAIR.TV WILL PROVIDE YOU WITH
CHOICES ABOUT THE USE OF YOUR PII
Phair.TV will not use the PII you provide to us for purposes different
from the purpose for which it was submitted, or share your PII with
third parties that are not affiliated with Phair.TV (i.e., not part of
the Phair.TV! Group), unless we obtain your permission.
USE: PHAIR. TV’S USE OF PII
Phair.TV will use your PII provided under this Policy in a manner that
is consistent with this Policy. If Phair.TV obtains PII from a third
party, such as a business partner, our use of that information is
governed by this Policy.
Phair.TV may share your PII with companies that are affiliated with us,
that is, are part of the Phair.TV! Group of companies. Provided you
have given us permission, Phair.TV may also share your PII with
advertisers and business partners that are not affiliated with Phair.TV,
but would like to send you information about their products and
services. For example, some of the companies who supply prizes for
Phair.TV’s contests may have special offers or promotions that might be
of interest to Phair.TV viewers. However, you will always have the
opportunity to instruct us not to share your information with third
parties when PII is collected. Moreover, we will never share your
credit card information with third parties except those Phair.TV used to
perform tasks (such as order fulfillment and payment processing)
required to complete purchases you make through Phair.TV sites.
Phair.TV employees, agents and contractors must have a legitimate
business reason to obtain access to your PII. Phair.TV may share your
PII with outside contractors or agents who help us manage our
information activities (i.e., sweepstakes administration, order
fulfillment, statistical analyses) but they may only use your PII to
provide Phair.TV with a specific service and not for any other purpose.
Phair.TV may also enter into agreements with outside companies that
possess the technology that allows Phair.TV to customize the advertising
and marketing messages you receive on our Web sites. Your non-PII and
click stream data about your activities on our sites may be shared with
these companies so this customization may be accomplished. These
companies will not share your information with any third party or use it
for any other purpose. Anonymous click stream and demographic
information may also be shared with Phair.TV’s advertisers and business
partners.
There may be instances when Phair.TV may disclose PII without providing
you with a choice in order to protect the legal rights of Phair.TV,
other companies within the News America Group or their employees, agents
and contractors; to protect the safety and security of visitors to our
Web sites; to protect against fraud or for risk management purposes; or
to comply with the law or legal process. In addition, if Phair.TV sells
all or part of its business or makes a sale or transfer of assets or is
otherwise involved in a merger or business transfer, Phair.TV may
transfer your PII to a third party as part of that transaction.
SECURITY: PHAIR. TV PROTECTS THE SECURITY OF PII
Phair.TV uses reasonable administrative, technical, personnel and
physical measures to safeguard PII in its possession against loss, theft
and unauthorized use, disclosure or modification. In addition,
Phair.TV uses reasonable methods to make sure that PII is accurate,
up-to-date and appropriately complete.
ACCESS: HOW TO ACCESS, CORRECT OR DELETE YOUR PII
Phair. TV has implemented a procedure for you to access, correct or
delete your PII.
To access your PII, send an e-mail with the word “Privacy” in the
subject line to Privacy@Phair!.TV
, requesting a listing of the PII that you have provided. Phair.TV
will respond no later than forty-five (45) business days from receipt of
your request with a list of the PII on file. There may be certain
instances when Phair. TV may not be able to provide the PII, such as
when access would violate the privacy of another individual, when access
is prohibited by law, or when the PII has been lawfully obtained from
third party sources.
If for any reason you wish to stop all future communications from Phair.
TV, you may send an e-mail with the word “Privacy” in the subject line
to Privacy@Phair!.TV,
REMEDIES AND COMPLIANCE: HOW TO CONTACT PHAIR. TV ABOUT PRIVACY
CONCERNS
If you have concerns regarding privacy, your use of the Phair.TV Web
sites, or the collection and use of PII, you may contact the following
Phair.TV representative:
Phair. TV Internet Privacy Officer Privacy@Phair!.TV.