Last Modified: May 27th, 2016

 

 

Click here for our Privacy Policy.

 

Welcome to PHIND.

 

Our mobile app and service enables people on the go to find information, place to go and things to do simply by taking a picture from their mobile phone. Our technology is easy to use and provides various functions, more thoroughly described on our website at http://www.phind.it (together with any related sub-domains, the “Website”). Our technology is continuously evolving and the form and nature of the app and service we provide may change from time to time without prior notice.

 

These terms and conditions (these “Terms”) are a legal agreement between you (together with the business entity, if any, that you represent, “You” or “Your”) and PHIND, Inc. doing business as PHIND.it , with offices in Irvine CA, (“PHIND ” or “we”, “us” or “our”), establishing terms and conditions under which You will access and use the services and features available on our Website (i) which are publicly accessible or (ii) to which You have access pursuant to the purchase options and/or subscription plans You have selected on the Website (each a “Service” and collectively, “Services”).

 

BEFORE YOU USE THIS WEBSITE OR ANY SERVICES AVAILABLE VIA THIS WEBSITE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ACCESSING THIS WEBSITE OR USING THE SERVICES, YOU AND THE BUSINESS ENTITY THAT YOU REPRESENT, IF APPLICABLE, ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE BUSINESS ENTITY YOU REPRESENT. YOU HEREBY COVENANT TO ENSURE THAT ALL USERS THAT GAIN ACCESS TO THE WEBSITE AND/OR THE SERVICES FROM YOU ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT ACCESS AND/OR USE THE SERVICES.

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE OR YOUR LAST USE OF OUR SERVICES. BY USING THIS WEBSITE OR OUR SERVICES, YOU INDICATE YOUR ACCEPTANCE OF ANY UPDATES TO THESE TERMS AND CONDITIONS.

 

1. General

We expect this Website and services offered on this Website will change significantly over time. Your right to use the Website and Services is limited in scope, revocable, personal, non-transferable and non-exclusive. Provided that you comply at all times with the terms of this Agreement, subject to the limitations set forth herein, PHIND will provide you with access to the Website and Services. You are responsible for obtaining any equipment and Internet service necessary to access the Website and Services.

 

DO NOT USE ANY DATA PROVIDED BY US FOR COMMERCIAL PURPOSES WITHOUT TALKING TO US FIRST.

 

2. Services; User Licenses

 

You will receive access to our Services on either a free or fee basis, as You agree in the registration process or as you access via our Website; provided that there will not be any fee-based Services initially. Our fee-based Services, when available, are expected to be an enhanced version of our Services, as described on our Website.

 

3. Copyright and Trademark Information.

This Website, and the information which it contains, is the property of PHIND and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “PHIND” and our logo are registered trademarks of PHIND, under the applicable laws of the United States and/or other countries. Other product or service names or logos appearing in this Website are either trademarks or registered trademarks of PHIND and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of our trademark or other intellectual property rights concerning that name or logo. All other product names are trademarks or registered trademarks of their respective owners.

 

4. Use of Content.

(a) The Website and Services and all portions thereof are the property of PHIND and/or its affiliates or licensors, and are protected from unauthorized use and infringement by United States patent and other intellectual property laws. Service or product names are trademarks or registered trademarks of their respective owners. Subject to the terms and conditions of this Agreement, PHIND  hereby grants to You a limited, non–transferable, non–exclusive, non–sublicensable, right and license to access and use the Content (as defined below) and Services as permitted in this Section 5.

 

(b) You may use the Website and Services, and view, copy, download, and print content obtained via the Services (“Content”), subject to the following conditions: (i) the Website, Services and Content may be used solely for Your legitimate personal purposes, no part of the Website, Services or Content may be reproduced, transmitted or otherwise distributed in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose; and (ii) patent, copyright, trademark, and other proprietary notices may not be removed from the Services or any Content or other materials obtained from the Services.

 

(d) You shall not: (i) modify, adapt or create derivative works based on the Website, Services or Content; (ii) "frame" or "mirror" any Content; or (iii) disassemble, reverse engineer, or decompile the Services or Content, or access the Website, Services or Content in order to build or provide a competitive product or service, build a product or service using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics.

 

(e) If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

 

5. Your Content and Submissions.

You agree that you will not, and you will not authorize PHIND to, upload or transmit any communications or files, materials, data, text, audio, video, images, photos or other content of any type to this Website or the Services (collectively "Your Content") that infringe or violate any rights of any party. By submitting ideas, concepts, inventions, or Your Content to this Website, you agree that such submission is non-confidential for all purposes.

 

If you make any submission to this Website or if you submit Your Content, business information, idea, concept or invention to PHIND by email, you hereby grant—and, where applicable, warrant that the owner of such content or intellectual property has expressly granted—PHIND and all Customers and Suppliers a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display Your Content in any manner.

 

6. Code of Conduct.

You may not use the Service to:

 

transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or which PHIND considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;

 

impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

harm, stalk or otherwise harass people in any way;

 

invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity

make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships;

 

make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

 

make available any material that 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;

 

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

 

sell or promote controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;

display or transmit material that exploits children under 18 years of age;

 

post or transmit any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;

 

intentionally or unintentionally violate any applicable local, state, national or international law; and/or

collect or try to collect personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

 

We may or may not pre-screen data provided by users and/or through selected service providers, but we and our designees shall have the right (but not the obligation) to pre-screen, refuse, or move any data that is available via our Service. Without limiting the foregoing, we and our designees shall have the right to remove any data or Content related to the Services that violates these Terms or is otherwise objectionable.

 

7. Term.

This Agreement shall commence on the earlier of the date You accept these terms and conditions or the date you first used the Website or Services. Notwithstanding the foregoing, PHIND may stop, temporarily or permanently, providing the Website, Services or any features within the Website or 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 access and expiry of our Website and Services at our sole discretion at any time without prior notice.

 

8. Limited Warranty.

We provide menu and price list information based on the data obtained from You, third parties and other sources. We do not verify any of the data used in connection with our Services. We rely on such data and our assessments can be incorrect or incomplete if the data is incorrect or incomplete. As such, we do not and cannot guarantee the accuracy or completeness of any data or assessments available through the Services. We will provide the Services in a professional and workmanlike manner; provided that You agree that we are not responsible for the quality or correctness of any of the assessments or other Content available through the Services, which assessments and Content are provided on an AS IS basis. It is Your responsibility to evaluate the accuracy, completeness or usefulness of our data and other Content, together with other information available to You. Each of You and us represents and warrants that it has the legal power to enter into this Agreement. EXCEPT AS SET FORTH IN THIS SECTION 11, WE PROVIDE NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT.

 

9. Limitation of Liability.

IN NO EVENT SHALL PHIND BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, SERVICES OR ANY CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL PHIND, Inc ’s aggregate liability ARISING OUT OF OR RELATING TO THIS AGREEMENT exceed amounts paid by you TO PHIND FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE APPLICABLE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER CLAIM.

 

10. Indemnity.

You agree to indemnify, defend and hold harmless PHIND, Inc , its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising from Your use of the Website, Services, Content and/or Your violation of this Agreement and/or Your infringement, or infringement by any other user of Your accounts, of any intellectual property or other right of any person or entity.

 

11. Links to Third-Party Websites.

This Website may contain links to non-PHIND web sites. These links are provided to you as a convenience, and PHIND is not responsible for the content of any linked web site. Any non-PHIND web site accessed from this Website is independent from PHIND and PHIND has no control over the content of that web site. In addition, a link to any non-PHIND web site does not imply that PHIND endorses or accepts any responsibility for the content or use of such web site.

 

12. No Implied Endorsements; Open Positions on Careers Pages.

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by PHIND of that third party or of any product or service provided by a third party. We may list open employment positions on this Website. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on this Website or made available through this Website as an offer for employment. Nor should you construe anything on this Website as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.

 

13. Notice and Take Down Procedures; Copyright Agent.

If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting PHIND’s copyright agent (identified below) and providing the following information:

 

  • Identification of the copyrighted work that you believe to be infringed.

 

  • Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

 

  • Identification of the material that you believe to be infringing and its location.

 

  • Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

 

  • Your name, address, telephone number and (if available) e-mail address.

 

  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

 

  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

  • A signature or the electronic equivalent from the copyright holder or authorized representative.

 

PHIND’s agent for copyright issues relating to this Website is as follows:

 

                  PHIND Copyright Agent

                  (949) 336-7979

                  legal@PHIND.it

               

In an effort to protect the rights of copyright owners, PHIND maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this Website who are repeat infringers.

 

14. Miscellaneous.

This Agreement shall be governed and interpreted pursuant to the laws of State of California, without reference to its conflict of laws principles. You and PHIND agree that any suit or proceeding arising out of or relating to this Agreement will be brought in the federal and/or state courts, as applicable, in San Francisco County, California, and each party irrevocably submits to the jurisdiction and venue of such courts. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. This Agreement does not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship between the parties. Neither party is authorized to assume or create any obligation or responsibility on behalf of, or in the name of, the other or to bind the other in any manner. Neither party may assign or transfer this Agreement without the other’s prior written consent, except in connection with a merger, acquisition, reorganization or the sale of all or substantially all of assets or stock of such party, which may occur without such consent. PHIND retains ownership of all intellectual property rights to its Content, technology, software, documentation and tools used in connection with the Website, Services and/or Content. Notices delivered under this Agreement must be given in writing and will be effective when received. The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. Nothing from this Website may be exported, in any way, in violation of United States law. This Agreement, together with the Privacy Policy, any terms and conditions set forth on the Website and any written agreement between You and PHIND contains the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (other than the contracts contemplated above), and cannot be amended except by a writing signed by both parties or as PHIND may amend its Privacy Policy or other web site terms and conditions from time to time. The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. If any part of this Agreement is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

 

15. For Additional Information.

If you have any questions about the rights and restrictions above, please contact PHIND by email at info@PHIND.it 

Terms of Service