Acceptance of Terms
Description of Services
Phoenix Boost LLC provides you with access to a variety of resources, apps, content, sample documents or spreadsheet templates, including information about software and other merchandise, download areas and communication forums (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms.
Personal & Non-Commercial Use Limitation
Unless otherwise specified, Phoenix Boost LLC and Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or services obtained from the Business Power Tools Store or Services.
Privacy & Protection of Personal Information
See the Privacy Statement disclosures relating to the collection and use of your information.
Camel Karma Curse…
May the fleas of a 1,000 camels nibble on your _______ if you steal, misuse, give away, rip-off, or do any evil (even with the best intentions) with any of our materials or to any of our people.
Notice Specific to Software & Other Merchandise Available on the Business Power Tools Website
Any software that is made available to download from the Business Power Tools Store (“Software”), other merchandise available on the Business Power Tools Store or Services is the copyrighted work of JIAN Tools for Sales, Inc. and/or its suppliers. Use of the Software or other merchandise is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software or merchandise (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software and merchandise are made available solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software or merchandise not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE OR MERCHANDISE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE OR MERCHANDISE.
THE SOFTWARE AND MERCHANDISE ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, JIAN TOOLS FOR SALES, INC. (DBA “BUSINESS POWER TOOLS”) HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE AND MERCHANDISE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, BUSINESS POWER TOOLS MAY MAKE AVAILABLE AS PART OF THE BUSINESS POWER TOOLS STORE, OR SERVICES OR IN ITS, SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. JIAN DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE BUSINESS POWER TOOLS STORE, OR SERVICES, OR IN BUSINESS POWER TOOLS SOFTWARE PRODUCTS OR MERCHANDISE.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Business Power Tools Store or Website for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or sub-paragraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Business Power Tools Software.
Notice Specific to Documents Available on the Business Power Tools Web Site
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Business Power Tools Store and Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Business Power Tools Store or Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the BusinessPowerTools.com Web site or any other Business Power Tools owned, operated, licensed or controlled site. Elements of Business Power Tools Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Business Power Tools Web site may be copied or retransmitted unless expressly permitted by Business Power Tools.
BUSINESS POWER TOOLS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BUSINESS POWER TOOLS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL BUSINESS POWER TOOLS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE Business Power Tools STORE OR SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE BUSINESS POWER TOOLS STORE OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BUSINESS POWER TOOLS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, OTHER MERCHANDISE, DOCUMENTS AND SERVICES AVAILABLE ON THE Business Power Tools STORE.
IN NO EVENT SHALL BUSINESS POWER TOOLS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE BUSINESS POWER TOOLS STORE, OR SERVICES, SOFTWARE, OTHER MERCHANDISE DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE BUSINESS POWER TOOLS STORE OR SERVICES.
Notice About Testimonials
The testimonials are all true, reflect the opinions and experiences of real users of Business Power Tools’ products, and are submitted to Business Power Tools voluntarily by customers.
If you would like to submit a testimonial to Business Power Tools, you agree that it becomes the exclusive property of Business Power Tools, which for example includes the rights to reproduce, edit (for length but not general content), and/or publish the testimonial, which may include your name or initials and city/state/country of residence.
Include your web address (URL) and we’ll be happy to include it, giving you some link “juice” and hopefully some business — It also proves to any “non-nelievers” that you’re for real.
Some customers who have submitted testimonials may have received a Business Power Tools product or service as a “thank you” in appreciation for the time they invested to write or record their testimonials. Thank you!
Member Account, Password & Security
If the Business Power Tools Store or any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Business Power Tools immediately of any unauthorized use of your account or any other breach of security. Business Power Tools will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Business Power Tools or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Business Power Tools server, or the network(s) connected to any Business Power Tools server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Business Power Tools server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Use of Services
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Business Power Tools has no obligation to monitor the Communication Services. However, Business Power Tools reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Business Power Tools reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Business Power Tools reserves the right at all times to disclose any information as Business Power Tools deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Business Power Tools’ sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Business Power Tools does not control or endorse the content, messages or information found in any Communication Services and, therefore, Business Power Tools specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Business Power Tools spokespersons, and their views do not necessarily reflect those of Business Power Tools.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Materials Provided to Business Power Tools or Posted at Any Business Power Tools Web Site
Business Power Tools does not claim ownership of the materials you provide to Business Power Tools (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Business Power Tools, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Business Power Tools Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Business Power Tools is under no obligation to post or use any Submission you may provide and Business Power Tools may remove any Submission at any time in its sole discretion.
Links To Third Party Sites
THE LINKS IN THIS AREA WILL LET YOU LEAVE BUSINESS POWER TOOLS’ SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF BUSINESS POWER TOOLS AND BUSINESS POWER TOOLS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. BUSINESS POWER TOOLS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. BUSINESS POWER TOOLS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY BUSINESS POWER TOOLS OF THE SITE.
Unsolicited Idea Submission Policy
BUSINESS POWER TOOLS OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN BUSINESS POWER TOOLSs’ PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO BUSINESS POWER TOOLS. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO BUSINESS POWER TOOLS OR ANYONE AT BUSINESS POWER TOOLS. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT BUSINESS POWER TOOLS MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Copyright Notice & FAQ
© 2020 Business Power Tools. All rights reserved.
The following is provided for informational purposes only and should not be construed as legal advice. If you need legal advice, contact a lawyer.
What is copyright?
Copyright law protects original works, such as websites, books, music, paintings, photos and video. A work is “original” if it contains some elements you created and did not borrow from others. Typically, when you create an original work, you own the copyright. As the copyright owner, you can control how others use your work. For example, if you write a movie script, you have the right to, and can prevent others from, copying your script, sharing it with others (“distributing it”), making a movie or book from your script (a “derivative work”), or publicly performing your script as a play or movie. You also have the ability to sell or give away these rights. In other words, you could sell the right to make a movie based on your script to a movie studio.
If you use someone else’s copyrighted materials without permission, that use generally violates the copyright owner’s exclusive rights, and is copyright infringement. So if you create a new work and include parts of other people’s works in it (such as an existing photo, lengthy quotes from a book or a loop from a song), you must own or have permission to use the elements you borrow. For example, if your script is based on an existing popular series, you should obtain permission to use the elements you borrow from the series.
Copyright law is different from the law of personal property. If you buy a physical object, such as a movie on DVD, you own the physical object. You do not, however, obtain ownership of the “copyrights” (the rights to make copies, distribute, make derivatives and publicly perform or display) in the content of the movie. The fact that you have obtained physical possession of a DVD does not automatically grant you the right to copy or share it.
If you make your own movie, it may include many copyrighted works in it. So, if you decide to make a movie based on your script, you must either create all elements of it on your own, or have permission to use the elements you borrow. Especially keep in mind that photos or artwork hanging on the walls of your sets and music on the soundtrack (even if you own the CD or MP3) may be copyrighted. You should not include copyrighted works such as these in your movie without authorization.
A few other things to keep in mind are:
Just because a work does not include a copyright notice (e.g., © 1988-2020 Jian or Business Power Tools) does not mean the work is in the public domain. Copyright notices are generally not required for works to be protected by copyright.
Isn’t it in the public domain?
Just because a work is freely available, does not mean it is in the “public domain.” Copyright is for a limited term; it does not last forever. In the copyright context, “public domain” means the copyright term has expired. Once a work is in the public domain, it may be freely used without permission from the copyright owner.
Determining the term of copyright can be complex, particularly because copyright laws vary from country to country. Also, even if the copyright on a work has expired, you should be careful about how you use a public domain work. For example, a book may be in the public domain, but it might not be OK to scan the book cover to cover and post it on the internet. This is because the particular version of the book may contain new copyrightable material that is not in the public domain, such as cover art or footnotes.
What about fair use?
In limited situations, you can use copyrighted works without permission from the copyright holder. It can be difficult to figure out whether use of copyrighted works without permission is legal, though, because the laws in this area are often vague and vary from country to country.
The copyright law in the United States has a doctrine called “fair use”. Fair use provides a defense to copyright infringement in some circumstances. For example, fair use allows documentary filmmakers to use very short clips of copyrighted movies, music and news footage without permission from the copyright owner. Fair use is a difficult concept because determining whether something is a fair use involves weighing four factors. Unfortunately, weighing the fair use factors rarely results in a clear-cut answer.
Rather than applying a fair use test, many other countries have specific exceptions to copyright infringement. The number and type of exceptions vary by country, but they frequently allow copyrighted materials to be used without permission from the copyright holder for activities such as nonprofit research, teaching, news reporting, or private study.
If you incorrectly decide that something is a fair use or falls into an exception to copyright infringement, you could be held criminally and civilly liable and have to pay damages. We suggest you talk to a lawyer if you have questions regarding fair uses of copyrighted works.
What happens if you upload copyrighted materials to one of our websites without permission?
By law, we are required to take down videos, music, photographs or other content you upload onto a website hosted by Business Power Tools if we learn that it infringes someone else’s copyright. If you believe that we have mistakenly taken down content you uploaded that you own or have permission to upload, you can also let us know that. Finally, if you upload infringing content repeatedly, we will terminate your account and you could face criminal and civil penalties. So please, respect other people’s copyrights.
What if my stuff is on a Business Power Tools website without my permission?
If you believe that anything on a website hosted by Business Power Tools infringes your copyright, let us know. Just provide us with the information requested here and we will see that your copyrighted works are taken down.
I want to share my content, but…
Many of our websites and services allow you to share content you create, such as document templates, spreadsheet templates, video, music and photographs. Though there is no way for us to ensure that your content will not be misused when you share it online, you may consider making it available under a Creative Commons License.
Creative Commons licenses are a simple way for you to let people know what uses they can make of your creative works and under what conditions. Creative Commons licenses are customizable based on your preferences and are automatically generated through the use of an online form. The form includes questions such as whether your work may be used only for non-commercial purposes and whether the work may be modified. As such, a variety of licenses are possible. For example, an “attribution only” license allows others to make any use of your work as long as they indicate that you are the copyright holder.