Fizbeaux.com Terms and Conditions
This is what our lawyers require us to publish and you to agree to. Before using the services, you are required to read, understand and agree to these terms. You may create an account only by reading and accepting these terms.
This is our human translation. It's for your convenience only, and not in any way legally binding.
Acceptance of Terms
By using the fizbeaux.com web site ("Service"), or any services of Phase Shift, LLC ("Phase Shift"), you are agreeing to be bound by the following terms and conditions ("Terms").
Violation of any of the terms below will result in the termination of your Account. While Phase Shift prohibits such conduct and Content on the Service, you understand and agree that Phase Shift cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICE (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. PHASE SHIFT'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY PHASE SHIFT, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
By using Fizbeaux you agree to all the terms below.
You must be 18 years or older to use this Service. You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
You may use the Services only if you can form a binding contract with Phase Shift and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Phase Shift provides are always evolving and the form and nature of the Services that Phase Shift provides may change from time to time without prior notice to you. In addition, Phase Shift may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Phase Shift on the Services are subject to change. In consideration for Phase Shift granting you access to and use of the Services, you agree that Phase Shift and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You agree not to upload, post, email, transmit or otherwise make available any content that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- contains unsolicited or unauthorized advertising, promotional materials;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You agree that you are 18 or older and will not break the rules.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Phase Shift cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You agree to keep your password safe and secure.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Phase Shift be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Phase Shift may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
We don't have to monitor the content of the site.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Phase Shift to make such Content available to other companies, organizations or individuals who partner with Phase Shift for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Phase Shift, or other companies, organizations or individuals who partner with Phase Shift, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
We reserve the right to watermark any images and other material provided to the Service with a Fizbeaux logo. The size and location of the watermark on the content is solely determined by Phase Shift and may change at any time without notice.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Phase Shift will not be responsible or liable for any use of your Content by Phase Shift in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Phase Shift gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Phase Shift as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Phase Shift, in the manner permitted by these Terms.
You own the rights to anything you post, but we have the right to display it and/or watermark it. You agree not to violate other's rights or trademarks.
Phase Shift Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Phase Shift and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Phase Shift name or any of the Phase Shift trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Phase Shift, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We own this site, the name Fizbeaux, logos and other product features.
No Real Estate or Brokerage Services
Phase Shift does not provide real estate services to you. Phase Shift or its affiliates may refer independent real estate professionals, brokers, or agents to you and/or Customers; however, Phase Shift does not itself engage in real estate broker services on your behalf. All real estate brokerage services are performed by independent, local brokers/agents that may have been referred to you by Phase Shift or who themselves are users of the Service. The terms of any agreement between you and an independent real estate broker/agent are not endorsed, recommended or otherwise known to or by Phase Shift.
You understand and agree that except as expressly provided for otherwise by the Service, Phase Shift does not offer or provide any advice or assistance in connection with the sale, purchase or leasing of real estate, including but not limited to real estate brokerage services. You understand and agree that all real estate brokerage commissions are negotiable and that Phase Shift does not set commission rates or provide any advice relating to commissions.
We are in no way real estate brokers or agents. Don't ask us for advice.
Listing Submission and Management
In listing a property you agree that you are the owner or legal representative of the owner of the property. Specifically, real estate brokers or agents are not allowed to list properties on behalf of their clients.
You are solely responsible for the content and accuracy of the content submitted within your listing. If your listing contains false or otherwise prohibited content, or out of date content, Phase Shift reserves the right to modify or delete your listing without prior notice and/or cancel your access to your account.
You are the owner of the property you are listing and are obligated to keep the listing's information accurate and current.
Payment and Refunds
Payments for Paid listings are non-refundable. You are responsible for providing correct address information before completing the order process of a paid listing. Payments for Paid listing upgrades, including but not limited to Featured and Spotlight listings, are non-refundable. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
There are no refunds.
Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the "Your Account" link in the navigation bar at the top of the screen. Click the "Edit your account information" link. There is a cancel button in the right of the page.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service, or your account is cancelled due to violation of these Terms, while one or more of your Paid Listings are active, the listings will be removed and no refund will be issued.
Phase Shift, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Phase Shift service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Phase Shift reserves the right to refuse service to anyone for any reason at any time.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Phase Shift customer, employee, member, or officer will result in immediate account termination.
You can cancel your account at anytime. We can also cancel your account at any time.
Modifications to the Service and Prices
Phase Shift reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to Paid Listing fees, are subject to change at any time without notice from us. Phase Shift shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may modify our features and/or prices at any time.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Phase Shift is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Phase Shift of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
We are not responsible for content on other websites or services.
You understand and agree that Phase Shift uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Phase Shift cannot and will not be held responsible for the actions of any of these third parties
We may use third parties for some service functionality.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHASE SHIFT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PHASE SHIFT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We are not liable.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You might be exempt.
Waiver and Severability
The failure of Phase Shift to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We don't have to enforce the policy for you to be bound to it.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Louisiana without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in East Baton Rouge Parish, Louisiana, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Louisiana (excluding choice of law).
Things will go down in Louisiana, legally speaking.
We may revise these Terms from time to time, the most current version will always be at https://fizbeaux.com/terms. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Phase Shift, LLC, 7516 Bluebonnet Blvd. #118, Baton Rouge, LA 70810. If you have any questions about these Terms, please email us at firstname.lastname@example.org.
You agree to all of these terms.
Last updated: February 2th, 2012