Terms of Use
Effective Date: July 30, 2009
IT IS VERY IMPORTANT THAT YOU (AND YOUR PARENTS, IF YOU'RE UNDER THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE (EIGHTEEN (18) IN MOST STATES BUT NINETEEN (19) IN ALABAMA AND NEBRASKA, AND TWENTY ONE (21) IN MISSISSIPPI) REVIEW THE FOLLOWING TERMS OF USE SO THAT YOU KNOW WHAT YOU CAN AND CANNOT DO ON THE SITE (DEFINED BELOW). USE OF THE SITE WILL BE DEEMED ACCEPTANCE OF THESE TERMS OF USE. IF YOU HAVE NOT YET REACHED THE AGE OF MAJORITY, YOU MUST HAVE YOUR PARENTS REVIEW THESE TERMS OF USE AND REGISTER FOR YOU. PARENTS: IF YOU HAVE NOT JOINED IN YOUR MINOR CHILD'S AGREEMENT TO THESE TERMS OF USE, PLEASE CONTACT US AT: INFO@PH03NIXNEWMEDIA.COM. PARENTS ARE ADVISED TO EXERCISE SUPERVISION OVER THEIR CHILDREN'S ON-LINE ACTIVITIES.
This agreement ("Agreement" or "Terms of Use") between you and Ph03nix New Media, Inc. ("Ph03nix New Media") sets forth the terms and conditions which apply to the use by you of www.TRZZonline.com (however accessed and/or used, whether via personal computers, mobile devices or otherwise) and other interactive features or downloads (e.g., widgets) that are accessible on or downloadable through, or related to, www.TRZZonline.com and owned or operated by Ph03nix New Media (collectively, the “World” or "Site") or and any other product or service offered by Ph03nix New Media for use, subscription or sale (collectively, "Services"). Subject to the terms and conditions below, and your acceptance of them, Ph03nix New Media agrees to grant, and you agree to take, a non-exclusive, non-transferable, single computer license to use and display the Services and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user ("Limited License"). Without limiting the forgoing, you agree not to use the contents of Services for any other use or purpose. You further agree that you will not, and will not attempt to, copy or distribute the content of the Services to any other person unless specifically permitted by Ph03nix New Media or otherwise violate the single computer, non-commercial display and use Limited License granted hereunder. Ph03nix New Media reserves the right to modify the license granted in this section and the restrictions described in these Terms of Use in writing on the Site, including, without limitation, by charging fees therefore and/or making certain features available through the Site that may invite you to use the Site Materials in a manner not described in these Terms of Use. Ph03nix New Media may add, change, discontinue, remove or suspend any of the Site Materials (defined below) at any time, without notice and without liability. The Site is intended for an audience that is at a minimum thirteen (13) years of age; some content may be deemed inappropriate by some parents for teenage audiences. Parental guidance is recommended.
If you do not understand and accept these Terms of Use, do not use the Services. Your use and/or continued use of the Services shall be deemed to constitute your acceptance of these Terms of Use and all of Ph03nix New Media's rules and restrictions related to the Services, as they may change from time to time.
In some instances, both these Terms of Use and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Site ("Additional Terms"). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Please review the Site's Privacy Policy which explains our information collection practices, such as the types of information Ph03nix New Media collects from visitors to the Site and how we may use that information.
Basic Summary:
PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS SITE, AS USE OF THE SITE IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS OF USE, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING MANDATORY CONSENT TO ARBITRATION OF DISPUTES. DO NOT USE THIS SITE IF YOU DO NOT AGREE.
1. It is important that you read all of these Terms of Use. However, here are some of the big picture issues:
- Use of the Site constitutes acceptance of these Terms of Use, our Privacy Policy and our other policies and rules.
- Check back each visit as policies and rules may change.
- THESE TERMS OF USE REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CE RTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU.
- You must be thirteen (13) years of age to use the Site and if not of majority (eighteen (18) in most states) your parents must complete your registration and supervise your use.
- Content you submit is owned by you and you are responsible for all third party rights and payments. You grant us and other users the right to use and exploit your submissions.
- Your use of material off-Site is limited by these Terms of Use.
- If you believe any materials on the Site infringe your rights, you may give us notice following the instructions at Infringements.
- You may not use the Site, or content created thereon, for commercial purposes.
- Your use of the Site is "AS IS", without warranty and will result in no liability to us.
2. The following is a summary of key game play requirements and restrictions:
- The activities and games on the Site or on other Services are just for you to play with while on the Site. You can't sell them, give them to anyone, trade them for anything or pretend you made them. If you wish to do anything EXCEPT play with them, you must get our written permission first. You can display your personal TRZZonline avatar and certain other content on an Authorized Web Site (defined below), as long as you write "Copyright 2009 Ph03nix New Media, Inc. All Rights Reserved. Used With Permission" on EVERY page with our pictures and/or text, you link directly to us and you follow our other rules and instructions regarding such postings.
- All Ph03nix New Media user profiles, character actions and content in or on the chat boxes and message boards are created by our users and not by Ph03nix New Media. If you post nasty, insulting, sexually explicit, racially disparaging, religiously disparaging or other inappropriate content we have the right (but not the obligation) to delete it from the Site without notice and to freeze or close your account (there will be no refunds of previously purchased Ice (defined below)). This rule also applies to inappropriate TRZZonline names. Do not create names that are nasty, insulting, sexually explicit, racist, disrespectful of religions, intended to promote illegal acts or otherwise inappropriate. We can see your messages, so keep it clean and friendly! The World should be a clean and fun place for everyone. Do not abuse the chat functions by "spamming" (posting the same message many times) or using them to make "party boards" - this can result in warnings or a frozen account, too! Finally, if you ask for another user's password or personally identifiable information, for any reason, your account can be frozen or terminated. If you see anything inappropriate on the Site, or if anyone sends you a message that makes you uncomfortable or asks for your password, please e-mail us immediately at: INFO@PH03NIXNEWMEDIA.COM.
- By creating a TRZZonline, by chatting in message rooms and posting on message boards, or sending us comments or User Content (defined below), you (and your parents) are agreeing that Ph03nix New Media can use your TRZZonline and/or User Content elsewhere on our Services, in our advertising, or in any media or manners (now or hereafter known), throughout the universe and forever (including, without limitation, in connection with web sites, television programs, motion pictures, games, merchandising and advertising), without a royalty or payment of any kind to you. So, this means we can use your character and content however we want for as long as we choose. Any User Content submitted must be created ONLY by the person submitting it - you cannot submit someone else's work.
- You understand that Ph03nix New Media may supervise user forums and filter content sometimes, but that we don't have a duty to do this. You understand that bad people can use user forums and that user forums can be dangerous places if you do not use caution and good sense. You agree not to give out any personal information including your password, your first and last name, your phone number, e-mail address, instant messenger screen name or other contact information and not to ask for personal information from other players. Use common sense and follow the TRZZonline Way!
- If you steal furniture or Ice from other TRZZonlines, cheat on any of our games, use any hacking scripting or editing programs in the World, violate the TRZZonline Way or break the law, we can freeze or terminate your account, or if appropriate, report you to the police!
- You understand that all purchases of TRZZonline Ice and/or of Premium Subscriptions and/or of any other virtual items (e.g., furniture) sold on the Site are final and non-refundable, except, in our sole and absolute discretion and are a limited game play, license and not a cash account or equivalent. Once you buy Ice, a Premium Subscription or any other virtual item sold on the Site, you can't get your money back. Further, in Ph03nix New Media's sole discretion, TRZZonline accounts that are either unused or have been used only once for a period greater than six (6) months may be terminated.
- Purchases of TRZZonline® Ice, Premium Subscriptions or other products or services made available via the Site by Ph03nix New Media are subject to , which are incorporated herein by reference.
- No one from Ph03nix New Media will ever ask you for your password so do not EVER give it out. If someone does, please e-mail us at: INFO@PH03NIXNEWMEDIA.COM.