Thanks for using our services. The services are provided by Phobrain, located at PO 591611, San Francisco, CA 94159, United States.
By using our services, you are agreeing to these terms. Please read them carefully.
Our services are intended only for entertainment.
Don't misuse our services. For example, don't interfere with our services or try to access them using a method other than the interface and instructions we provide. You may use our services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our services does not give you ownership of any intellectual property rights in our services or the content you access. You may not use content from our services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our services. Don't remove, obscure, or alter any legal notices displayed in or along with our services.
All pictures and design of the site is protected by copyright.
We provide our services using a privately reasonable level of skill and care, and we hope that you will enjoy using them. But there are certain things that we don't promise about our services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER PHOBRAIN NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, PHOBRAIN, AND PHOBRAIN'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PHOBRAIN, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, PHOBRAIN, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
If you are using our services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Phobrain from any claim, suit or action arising from or related to the use of the services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
We may modify these terms or any additional terms that apply to a service to, for example, reflect changes to the law or changes to our services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a service, you should discontinue your use of that service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Phobrain and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the services. All claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of San Francisco, California, USA, and you and Phobrain consent to personal jurisdiction in those courts.