YOUR ACCEPTANCE

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the PHATLAW.com domain name, the “PHATLAW Website”, or “Website”), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the “Terms of Use”).  If you do not agree to any of these terms, then please do not use the PHATLAW Website.

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use, since your continued use of the PHATLAW Website will be deemed as irrevocable acceptance of any revisions.

These Terms of Use were last updated on June 5, 2007.

HOW TO CONTACT US

This Website is controlled and operated by Phat Holdings, LLC, 1529 South State Street, #21B, Chicago, Illinois 60605. Please forward any comments or complaints to customerservice@PHATLAW.com.

Please forward any questions regarding other legal matters to legal@PHATLAW.com.

PHATLAW WEBSITE

These Terms of Use apply to all users of the PHATLAW Website, including users who are also contributors of video content, information, and other materials or services on the Website. The PHATLAW Website may contain links to third party Websites that are not owned or controlled by PHATLAW Holdings, LLC. PHATLAW Holdings, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Websites. In addition, PHATLAW Holdings, LLC will not and cannot censor or edit the content of any third-party Website. By using the PHATLAW Website, you expressly relieve PHATLAW Holdings, LLC from any and all liability arising from your use of any third-party Website. Accordingly, we encourage you to be aware when you leave the PHATLAW Website and to read the terms and conditions and privacy policy of each other Website that you visit.

WEBSITE ACCESS

PHATLAW Holdings, LLC hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without PHATLAW Holdings, LLC’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

TRADEMARKS AND COPYRIGHTS

This Website and all materials incorporated by Phat Holdings, LLC on this Website (”Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (”Copyrights”). Some of the characters, logos or other images incorporated by Phat Holdings, LLC on this Website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Phat Holdings, LLC or others (”Trademarks”). Phat Holdings, LLC respects the intellectual property rights of others and asks users of this Website to do the same.

YOUR USE OF MATERIAL

Your right to make use of this Website and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Website for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.

You may access and display Material and all other content displayed on this Website for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Website may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Phat Holdings, LLC. Any authorization to copy Material granted by Phat Holdings, LLC in any part of this Website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web Website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE PHATLAW HOLDINGS, LLC WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PHATLAW HOLDINGS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PHATLAW HOLDINGS, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PHATLAW HOLDINGS, LLC WEBSITE. PHATLAW HOLDINGS, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PHATLAW HOLDINGS, LLC WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PHATLAW HOLDINGS, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL PHATLAW HOLDINGS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PHATLAW HOLDINGS, LLC WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PHATLAW HOLDINGS, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by PHATLAW Holdings, LLC from its facilities in the United States of America. PHATLAW Holdings, LLC makes no representations that the PHATLAW Holdings, LLC Website is appropriate or available for use in other locations. Those who access or use the PHATLAW Holdings, LLC Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

You agree to defend, indemnify and hold harmless PHATLAW Holdings, LLC, its subsidiaries, affiliated/related companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the PHATLAW Holdings, LLC Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the PHATLAW Holdings, LLC Website.

FORUMS

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS WEBSITE (”FORUMS”) ARE NOT NECESSARILY THOSE OF PHATLAW HOLDINGS, LLC OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. PHATLAW HOLDINGS, LLC DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF PHATLAW HOLDINGS, LLC. PHATLAW HOLDINGS, LLC MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

SUBMISSIONS, POSTINGS AND E-MAILS

PHATLAW Holdings, LLC is interested in hearing from you. It is, however, our policy that we will not accept or consider unsolicited submissions of concepts, stories, or other potential content. Therefore, please do not send PHATLAW Holdings, LLC any unsolicited submissions.

From time to time, areas on this Website may expressly request submissions of concepts, stories, or other potential content from you (’Invited Submissions’). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Website to govern those submissions (’Additional Terms’), since they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make.

In any event, any material you send to us will not be treated as confidential.

Please act responsibly when using this Website. You may only use this Website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by PHATLAW Holdings, LLC) or privately transmitted on or through this Website are the sole responsibility of the sender, not PHATLAW Holdings, LLC, and that you are responsible for all material you upload, post or otherwise transmit to or through this Website.

We at PHATLAW Holdings, LLC require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Website any content, or act in a way, which in our opinion:

a.  libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

b.  seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

c.  infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

d.  violates any law or may be considered to violate any law;

e.  you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

f.  advocates or promotes illegal activity;

g.  impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

h.  advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Website;

i.  solicits funds, advertisers or sponsors;

j.  includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

k.  disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website;

l.  copies any other pages or images on this Website except with appropriate authority; includes MP3 format files;

m.  amounts to a ‘pyramid’ or similar scheme;

n.  amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files which are only linked from other Websites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your Website comes directly via us;

o.  disobeys any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website; or

p.  contains links to other Websites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by PHATLAW Holdings, LLC anywhere on this Website (e.g., on any web space made available for your use).

INVESTIGATIONS

PHATLAW Holdings, LLC reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. PHATLAW Holdings, LLC may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. PHATLAW Holdings, LLC may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If PHATLAW Holdings, LLC believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. PHATLAW Holdings, LLC will fully cooperate with any law enforcement authorities or court order requesting or directing PHATLAW Holdings, LLC to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PHATLAW HOLDINGS, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PHATLAW HOLDINGS, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER PHATLAW HOLDINGS, LLC OR LAW ENFORCEMENT AUTHORITIES.

SERVICE

In order to use this Website, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Website on the World Wide Web (including a computer, modem and/or other access devices).

PHATLAW Holdings, LLC, reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Website and/or any software, facilities and services on this Website, with or without notice, and/or to establish general guidelines and limitations on their use.

LOCAL REGULATIONS

PHATLAW Holdings, LLC makes no representation that Materials or other content in the Website are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Website from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

OUR USE OF CONTENT

PHATLAW Holdings, LLC will consider anything you provide to PHATLAW Holdings, LLC and/or contribute to this Website as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on this Website (see ‘Submissions, Postings and E-mails’ above), in which event those Additional Terms will determine how we will treat your Invited Submissions.

Subject to the provisions of any Additional Terms, by posting or uploading any content to this Website and/or providing any communication or material to PHATLAW Holdings, LLC (”User Content”), you automatically and irrevocably: (a) grant and assign to PHATLAW Holdings, LLC any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by PHATLAW Holdings, LLC and/or by any person authorized by PHATLAW Holdings, LLC, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint PHATLAW Holdings, LLC as your agent with full power to enter into any document and/or do any act PHATLAW Holdings, LLC may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that PHATLAW Holdings, LLC shall not be liable for any use or disclosure of such User Content.

THIRD-PARTY WEBSITES

This Website may link you to other Websites on the Internet. These Websites may contain information or material that some people may find inappropriate or offensive. These other Websites are not under the control of PHATLAW Holdings, LLC, and you acknowledge that (whether or not such Websites are affiliated in any way with PHATLAW Holdings, LLC) PHATLAW Holdings, LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Websites. The inclusion of such a link does not imply endorsement of any Website by PHATLAW Holdings, LLC or any association with its operators.

PHATLAW Holdings, LLC cannot ensure that you will be satisfied with any products or services that you purchase from any third-party Website that links to or from PHATLAW Holdings, LLC since other shop channels are owned and operated by independent retailers. PHATLAW Holdings, LLC does not endorse any of the merchandise, nor has PHATLAW Holdings, LLC taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party Websites. PHATLAW Holdings, LLC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such Websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

JURISDICTIONAL ISSUES

The Materials and all other content in this Website are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates. The Website is controlled and operated by PHATLAW Holdings, LLC from its offices within the State of Illinois, United States of America.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, as they are applied to agreements entered into and to be performed entirely within Illinois. Any action you, any third party or PHATLAW Holdings, LLC may bring to enforce these Terms of Use or, in connection with any matters related to the Website shall be brought only in either the State or Federal Courts located in Cook County, Illinois, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

PRIVACY POLICY

Here at PHATLAW.com we take your privacy seriously.  Currently, we do not collect any personally identifiable information about you.  Our Website may use cookies that allows us to gather certain general information, such as the number of visitors the Website has, and we also may gather information such as an IP address so that we can understand where our visitors come from.  In the future, however, we may collect certain personally identifiable information about you to further enhance the user experience.  Accordingly, we reserve the right to modify this Privacy Policy at any time, and your continued access to and use of the Website after we post such changes means that you agree to those changes.  

COPYRIGHT INFRINGEMENT NOTIFICATION

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

1.  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2.  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website.

3.  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

4.  Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5.  A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6.  A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
Phat Holdings, LLC
225 West Huron Street, #615
Chicago, Illinois 60610
Email: legal@phatlaw.com

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

COUNTER-NOTIFICATION

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

1.  A physical or electronic signature of the subscriber.

2.  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 to it was disabled.

3.  A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4.  The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
Phat Holdings, LLC
225 West Huron Street, #615
Chicago, Illinois 60610
Email: legal@phatlaw.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.