Terms of Use

November 6th, 2009

Acceptance of Terms.

The services that Phase 2 Studio provides to you are subject to the following Terms of Use (“TOU”). Phase 2 Studio reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.

Description of Services.

Through this website, Phase 2 Studio provides you with access to a variety of resources, including download areas, communication forums, flash games, flash animations, and text based articles (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

Personal and Non-Commercial USE Limitation.

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

Notices regarding software, documents and services available on this web site.

In no event shall Phase 2 Studio be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from services.

Limited Linking License for Other Websites
Commercial and other websites may include a link to Phase 2 Studios’ Website (www.phase2studio.com), so long as the link complies with the following:
a. links to Phase 2 Studios’ homepage at www.phase2studio.com and does not frame any Phase 2 Studio content;
b. states that the link will lead to the Website of “Phase 2 Studio;” and
c. does not falsely represent or suggest any relationship between the linking Website or the linking sponsor’s products or services and Phase 2 Studio (including suggestions of affiliation or endorsement), unless such a relationship exists and the statement describing the relationship has been expressly permitted by Phase 2 Studio.
Phase 2 Studio reserves the right to revoke this license to use specific links at any time.  If Phase 2 Studio revokes this license, you agree to immediately remove all links to this Website.

Third Party Sites.

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Phase 2 Studios. Third Party sites are not under the control of Phase 2 Studio and Phase 2 Studio is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Phase 2 Studio is not responsible for webcasting or any other form of transmission received from any linked site.

Unsolicited Idea Submission Policy.

Phase 2 Studio or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Phase 2 Studios’ products or marketing strategies might seem similar to ideas submitted to Phase 2 Studio. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Phase 2 Studio makes no assurances that your idea and materials will be treated as confidential or proprietary.

Materials Provided to Phase 2 Studio, posted on phase2studio.com or posted on the Phase 2 Studio forums.

Phase 2 Studio does not claim ownership of the materials you provide to Phase 2 Studio (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Phase 2 Studio, the necessary sublicenses and permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Phase 2 Studio Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Phase 2 Studio is under no obligation to post or use any Submission you may provide and Phase 2 Studio may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

Trademarks and Licenses

All content on the Phase 2 Studio Website is the property of Phase 2 Studio or is licensed to Phase 2 Studio, and is protected by United States and international patent and copyright laws. When you download or print content, all accompanying copyright, trademark and other proprietary notices should be retained. Title to the Website and its content remains with Phase 2 Studio, and all rights not expressly granted are reserved.

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