Privacy Policy
Welcome to Phase 6’s privacy policy. Phase 6 respects your privacy and is committed to protecting your personal data.
Last modified: January 5, 2023
Introduction
Phase 6 (“P6,” the “Company,” or “We”) is the producer and owner of Colorcast, Colorcast Demo, Just My Tip, MemoryBlock, PackMaster, Tic, and Wine Reviewer (collectively referred to here as the/our “Software” or the/our “Services”), which are mobile and web applications. We respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:
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The types of information we may collect or that you may provide when you download, install, register with, access, upgrade, or otherwise use the Services. (For the sake of simplicity, throughout the remainder of this Policy we will refer to any of these actions as “interactions” or “interacting with” the Services.)
.Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect when you interact with the Services, whether accessed via one of our mobile apps or through our websites, and to information in email, text, and other electronic communications sent through or in connection with the Services.
This policy DOES NOT apply to information that:
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We collect offline.
.You provide to, or that is collected by, any third party (see “Third-Party Information Collection”).
Third-party websites and apps will most likely have their own privacy policies, which we encourage you to read before providing information on or through them.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not interact with the Services.
By doing any of those, you agree to this privacy policy. This policy may change from time to time (see “Changes to Our Privacy Policy”). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so check back periodically for updates.
Children Under the Age of 13
The Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information through the Software or any of its features, make any purchases, use any of the interactive or public comment features of the Services, or provide any information about yourself to us, including your name, address, telephone number, email address, profile picture, or any username you may use.
If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at JMT@victuallist.com.
Information We Collect and How We Collect It
We collect information from and about users of our Services:
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Directly from you when you provide it to us.
.Automatically when you use the Services.
Information You Provide to Us
When you interact with the Services, we may ask you to provide information:
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By which you may be personally identified, such as real first & last name, username, email address, profile picture, gender, birthdate, or any other identifier by which you may be identified or contacted online or offline (“personal information”).
.That is about you individually but does not identify you, such as reviews, bug reports, etc..
This information you provide directly and/or generate via interaction with the Services includes:
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Information that you provide by entering data in the Services. This includes information provided at the time of registering or subscribing to use the Services, posting material, and requesting further services. We may also ask you for information when you report a problem with the Services.
.Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
.If we offer alternative sign ins, we may collect certain sign on information you have provided to third parties, such as Facebook, Twitter, or Instagram, when you sign on to use our Services through these third parties.
.Your responses to surveys that we might ask you to complete for research purposes.
.Details of transactions you carry out through the Services and of the fulfillment of your orders. You may be required to provide financial information via a third-party platform before placing an order through the Services. We do not collect or store any payment information associated with your purchases.
.Metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips.
.Location Information. When you interact with certain features of the Services, the Services collect certain precise geographic information about the location of your device, using the geolocation features of your mobile device, your wireless carrier, or certain third-party providers. Although geolocation information is timestamped, it is generated only when a user interacts with these features, and is not continuously collected or tracked.
You may also provide information to be published or displayed (“Posted”) on public areas of the Services (collectively, “User Contributions”). The content of User Contributions is also subject to our Terms of Use.
Please be aware that no security measures are perfect or impenetrable. Your User Contributions are Posted and transmitted to others at your own risk. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection and Tracking
When you interact with the Services, our Software may use technology to automatically collect:
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Usage Details. When you access and use the Services, we may automatically collect certain details of your access to and use of the Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Services.
.Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, and mobile network information.
You may opt out of certain information collections at any time by going into your preferences on your mobile device and restricting the transmission of that information. Your limitation of the collection of this information, however, may disable our ability to provide you with the most relevant product features or information regarding the Services. For more information, see “Choices about How We Use and Disclose Your Information.” Note, particularly, that opting out of the Services’ collection of location information will cause its location-based features to be disabled, and the overall functionality of the Services to be significantly reduced.
At this time there is no accepted standard for how to respond to Do Not Track signals, and our Services do not respond to such signals. We have no control over whether or how third-party services interacting with our Services respond to Do Not Track signals.
Information Collection and Tracking Technologies
The technologies we use for automatic information collection may include:
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Cookies (or mobile cookies). A cookie is a small file placed on your computer or smartphone. It may be possible to refuse to accept cookies by activating the appropriate setting on your browser or smartphone. However, if you select this setting you may be unable to access certain parts of the Services.
.Web Beacons. Pages of the Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email, and for other related Services statistics (for example, recording the popularity of certain Services content and verifying system and server integrity).
Third-Party Information Collection
When you use the Services or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
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Advertisers, ad networks, and ad servers.
.Analytics and customer support companies.
.Your mobile device manufacturer.
.Your mobile service provider.
These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal information or they may independently collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content, even outside your use of the Services.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see “Choices About How We Use and Disclose Your Information.”
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
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Provide you with the Services and its contents, and any other information, products or services that you request from us.
.Fulfill any other purpose for which you provide it.
.Give you notices about your account and/or subscriptions, if applicable, including expiration and renewal notices.
.Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
.Notify you when Services updates are available, and of changes to any products or services we offer or provide though it.
.Provide customer support services.
The usage information we collect helps us to improve our Services and to deliver a better and more personalized experience by enabling us to:
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Estimate our audience size and usage patterns.
.Store information about your preferences, allowing us to customize our Services according to your individual interests.
.Speed up your interactions with the Services.
.Recognize you when you interact with the Services.
We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile online or in the app. For more information, see “Choices About How We Use and Disclose Your Information.”
As of the date of this Policy we do not do so, but we may in the future use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not and will not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or you provide:
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To our subsidiaries and affiliates.
.To contractors, service providers, and other third parties we use to support our business and who use it only for the purposes for which we disclose it to them.
.To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of P6’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by P6 about our Services users is among the assets transferred.
.To fulfill the purpose for which you provide it. For example, if you give us an email address or other username to use the social content sharing features of our Website or Services, we will transmit the contents of the social sharing content and your email address or other username to the recipients.
.For any other purpose disclosed by us when you provide the information.
.With your consent.
.To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
.To enforce our rights arising from any contracts entered into between you and us, including the Terms of Use, and for billing and collection.
.If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of P6, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.
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Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Your browser may also allow you to choose whether or not to allow the Services to collect information through other tracking technologies. If you wish to limit or reset the advertising identifier used in mobile apps, you may do so in the Settings app for your device. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Services may then be inaccessible or not function properly.
.Location Information. You can choose whether or not to allow the Services to collect and use information about your device’s location through the device’s privacy settings. If you block the use of location information, material parts of the Services will then be inaccessible or not function properly.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Accessing and Correcting Your Personal Information
You can review and change your personal information by logging into the Services and visiting your account profile page. Changes to your personal information must still comply with our Terms of Use.
You may also send us an email at JMT@victuallist.com to request access to, correct, or delete any personal information that you have provided to us. You are advised that we may not be able to delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Services users. Proper access and use of information provided on the Services, including User Contributions, is governed by our Terms of Use.
Your California Privacy Rights
California Civil Code Section 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to JMT@victuallist.com.
Data Security
We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services such as in our social sharing features. The information you share in public areas may be viewed by any user of the Services.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
Changes to Our Privacy Policy
We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated.
The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.
Terms of Use
Last Modified: January 6, 2023
Acceptance of the Terms of Use
Phase 6 is the producer and owner of various mobile and web applications. These terms of use are entered into by and between You and Phase 6 (“P6”, “Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of, content, functionality, and services provided via any of P6’s associated mobile and web applications (the “Products & Services”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Products & Services. By using the Products & Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Products & Services.
These Products & Services are offered and available to users who are 13 years of age or older. By using this Products & Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Products & Services. Your account may be terminated without warning, if we believe that you are under 13 years of age.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of any Products & Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Products & Services.
Your continued use of the Products & Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Products & Services and Account Security
We reserve the right to withdraw, revise, and update these Products & Services, and any service or material we provide as part of the Products & Services, in our sole discretion without notice. We will not be liable if for any reason all or any parts of the Products & Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Products & Services, or the entire Products & Services, to users, including registered users.
You are responsible for:
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Making all arrangements necessary for you to have access to the Products & Services.
.Ensuring that all persons who access the Products & Services through your internet connection or mobile device are aware of these Terms of Use and comply with them.
To access the Products & Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Products & Services that all the information you provide on the Products & Services is correct, current and complete. You agree that all information you provide to register with this Products & Services or otherwise, including but not limited to through the use of any interactive features on the Products & Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You are required to create a user account to use certain premium features of the Products & Services, and may only create an account using your real name. When you choose a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Products & Services or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. For example, you should ensure that you exit from your account at the end of each session on a public or shared computer.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Products & Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Products & Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Products & Services, except as follows:
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Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
.You may store files that are automatically cached by your browser or mobile device for display enhancement purposes.
.You may print or download one copy of a reasonable number of pages of the Products & Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
.For our desktop, mobile or other applications for which we offer the ability to download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any applicable end user license agreement for such applications and/or devices.
.For social media features, if any, provided with certain content, you may take such actions as are enabled by such features.
You must not:
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Modify copies of any materials from the Products & Services, except as expressly permitted and enabled by and through features of the Products & Services dedicated to such purpose.
.Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
.Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Products & Services, or any services or materials available through the Products & Services, without our express written permission.
If you wish to make any use of material on the Products & Services other than that set out in this section, please address your request to: JMT@victuallist.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Products & Services in breach of the Terms of Use, your right to use the Products & Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Products & Services or any content on the Products & Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Products & Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The Company name, the terms “Phase 6,” and “P6,”, “Victuallist,” “Colorcast,” “Packmaster,” “MemoryBlock,” “Just My Tip,” “Tic,” “Wine Reviewer,” the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Products & Services are the trademarks of their respective owners.
Prohibited Uses
You may use the Products & Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Products & Services:
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In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
.For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
.To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
.To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
.To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
.To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Products & Services, or which, as determined by us, may harm the Company or users of the Products & Services or expose them to liability.
Additionally, you agree not to:
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Use the Products & Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Products & Services, including their ability to engage in real time activities through the Products & Services.
.Use any robot, spider or other automatic device, process or means to access the Products & Services for any purpose, including monitoring or copying any of the material on the Products & Services.
.Use any manual process to monitor or copy any of the material on the Products & Services or for any other unauthorized purpose without our prior written consent.
.Use any device, software or routine that interferes with the proper working of the Products & Services.
.Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
.Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Products & Services, the server on which the Products & Services is stored, or any server, computer or database connected to the Products & Services.
.Attack the Products & Services via a denial-of-service attack or a distributed denial-of-service attack.
.Otherwise attempt to interfere with the proper working of the Products & Services.
User Contributions
The Products & Services may contain leaderboards, forums, social, chat, reviews, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Products & Services.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary as to you, as of the time of posting. By providing any User Contribution via the Products & Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. Note that certain portions of your User Contributions will be aggregated with other information provided by you, us, and other users to create information that we consider confidential. By initially posting your User Contribution, you waive any claim to or interest in such aggregated confidential information.
You represent and warrant that:
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You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
.All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Products & Services.
Monitoring and Enforcement; Termination
We have the right to:
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Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
.Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Products & Services or the public or could create liability for the Company.
.Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
.Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Products & Services.
.Terminate or suspend your access to all or part of the Products & Services for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right (but not the obligation, unless otherwise required under applicable laws) to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Products & Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we typically do not review material before it is posted on the Products & Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We reserve the right, to the extent of our knowledge and ability to do so, to review certain categories of submitted materials for accuracy before posting. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
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Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
.Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
.Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
.Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
.Be likely to deceive any person, including without limitation by use of aliases or fake names.
.Promote any illegal activity, or advocate, promote or assist any unlawful act.
.Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
.Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
.Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
.Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Products & Services infringe your copyright, you may request removal of those materials (or access to them) from the Products & Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
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Your physical or electronic signature.
.Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Products & Services, a representative list of such works.
.Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
.Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
.A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
.A statement that the information in the written notice is accurate.
.A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices and Counter-Notices can be reached at:
JMT@victuallist.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Products & Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures
If you believe that material you posted on the Products & Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
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Your physical or electronic signature.
.An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
.Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
.A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
.A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Products & Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Products & Services with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Products & Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Products & Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to or user of the Products & Services, or by anyone who may be informed of any of its contents.
The Products & Services include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Products & Services
We may update the content on these Products & Services from time to time in our sole discretion. Any of the material on the Products & Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Products & Services
All information we collect via these Products & Services is subject to our Privacy Policy. By using the Products & Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Phase 6 Pro Service Supplementary Terms and Conditions
The Products & Services may also include access to certain optional features and services (“Phase 6 Pro”). Phase 6 Pro is a collection of premium services that are available only under these Supplementary Terms and Conditions, which are in addition to the Terms of Use (collectively, in this section, the “Agreement”) and subject to your payment of the fees referenced below. By signing up for the Phase 6 Pro service through your profile page, you acknowledge and agree to the terms and conditions in this Agreement.
Phase 6 Pro Service Termination
You may terminate this Agreement as it applies to the Phase 6 Pro service at any time by simply failing to renew through your profile page. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR AFFIRMATIVELY TRIGGERING THE EVENTS ABOVE, AND WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR SERVICE AND THIS AGREEMENT NOR FOR ANY CREDIT CARD OR BANK CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR SERVICE AND THIS AGREEMENT.
Payments for the Phase 6 Pro service are payable via Apple’s app store or Google Play in local currency, and are non-refundable.
We may terminate this Agreement, disable your account, and/or put your account on inactive status, in each case at any time with reasonable cause or violation to these terms of service agreement, and with or without notice. We shall have no liability to you or any third party because of such termination or action.
Monthly or Annual Fees; Adjustments Thereto
If we offer, and you opt to sign up for, either (i) a Phase 6 Pro service monthly plan, or (ii) a Phase 6 Pro service annual plan, you will be subject to monthly or annual renewal fees, respectively, in accordance with the Fee Schedule and related information (the “Fee Schedule”). You will be required to submit payment monthly or annual, respectively, in advance for access to the Phase 6 Pro service. Fees are collected via in-app purchase using your device’s app store functionality. After expiration of the applicable term, access to the Phase 6 Pro service will be disabled until renewal payment is received. Fees will be collected at the time of renewal, even if you do not thereafter actively use the Phase 6 Pro service.
You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. The Fee Schedule, including subscriber or any discounts, is subject to change at any time in our sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule.
Fee Schedule
Your Fee Schedule is located in the Phase 6 Pro section in the mobile app’s settings. The Fee Schedule displays the current rates for monthly and annual activations.
Linking to the Products & Services and Social Media Features
You may link to our webpage/s for the Products & Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Products & Services may provide certain social media features and APIs that enable you to:
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Link from your own or certain third-party websites to certain content via these Products & Services.
.Send e-mails or other communications with certain content, or links to certain content, via these Products & Services.
.Cause limited portions of content via these Products & Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
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Establish a link from any website that is not owned by or licensed to you under terms which allow such linkage.
.Cause the Products & Services or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
.Link to any part of the Products & Services that requires password-enabled access.
.Otherwise take any action with respect to the materials on these Products & Services that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Products & Services
If the Products & Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to these Products & Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Products & Services is based in the District of Columbia in the United States. We make no claims that the Products & Services or any of its content is accessible or appropriate outside of the United States. Access to the Products & Services may not be legal by certain persons or in certain countries. If you access the Products & Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Products & Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER AND/OR MOBILE DEVICE EQUIPMENT, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PRODUCTS & SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS & SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE PRODUCTS & SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS & SERVICES IS AT YOUR OWN RISK. THE PRODUCTS & SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS & SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PRODUCTS & SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PRODUCTS & SERVICES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS & SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PRODUCTS & SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS & SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PRODUCTS & SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE PRODUCTS & SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS & SERVICES OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Products & Services, including, but not limited to, your User Contributions, any use of the Products & Services’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Products & Services.
Governing Law and Jurisdiction
All matters relating to the Products & Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice or conflict of law provision or rule (whether of the District of Columbia or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Products & Services shall be instituted exclusively in the federal courts of the United States or the courts of the District of Columbia in each case located in the City of Washington DC, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
In the Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Products & Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying District of Columbia law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PRODUCTS & SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Phase 6 with respect to the Products & Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Products & Services.
Your Comments and Concerns
This website is operated by Phase 6.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Infringement section above, in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Products & Services should be directed to: JMT@victuallist.com.