Participant Agreement

Copyright Notice

Privacy Statement

Sign In Drawing Rules

PHOENIX COMMUNICATIONS

Participant Agreement

1. GENERAL RULES AND DEFINITIONS

1.1 This Participant Agreement, with Phoenix Communications and its’ internet site, BYOguide.com, deals with the Participant’s use of Phoenix Communications’ website (the "Site"). Participant must agree to abide by all of the terms and conditions contained in the Participant Agreement in order to become or remain an authorized Participant of the Site.

1.2 Use of the Site by Participant constitutes Participant's agreement with the terms and conditions of this Participant Agreement. Phoenix Communications reserves the right, at its discretion, to change, modify, add or remove portions of this Participant Agreement at any time. Notification of changes in service will be posted on the Site, or sent via e-mail, or postal mail.

1.3 If these operating rules or any future changes are unacceptable to Participant, or cause Participant to no longer be in compliance with the Participant Agreement, Participant may cancel subscription by sending e-mail to: cancel@byoguide.com (see section 10 regarding termination of service). Participant's continued use of the site now, or following the posting of notice of any changes in these operating rules, will constitute a binding acceptance by Participant of such rules, changes, or modifications.

1.4 Phoenix Communications may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. Phoenix Communications may also impose limits on certain features and services or restrict Participant access to parts or all of the Site without notice or liability.

Back to Top

2. PHOENIX COMMUNICATIONS CONTENT AND PARTICIPANT SUBMISSIONS

2.1 The contents of the Phoenix Communications web site BYOguide.com are intended for the personal, noncommercial use of its registered Participants. All materials published on BYOguide.com (including, but not limited to news articles, photographs, images, illustrations, also known as "The Content") are protected by copyright, and owned or controlled by Phoenix Communications. Participant shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.

2.2 The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Participant may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Participant Agreement), create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Site in whole or in part.

2.3 Participant may download or copy the Content and other downloadable items displayed on this Site for personal use only, provided that Participant maintains all copyright and other notices contained in such Content. Participant shall not store any significant portion of any Content owned by, or licensed to, Phoenix Communications, in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited.

Back to Top

3. MESSAGE BOARDS AND DISCUSSIONS

3.1 Participant shall not upload to, or distribute or otherwise publish through, the Site any Content which is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law.

3.2 The Message Board shall be used only in a noncommercial manner. Participant shall not, without the express approval of Phoenix Communications, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

3.3 While Phoenix Communications does not and cannot review every message posted by Participants in the Message Boards and is not responsible for any content of these messages, Phoenix Communications reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. Participants shall remain solely responsible for the content of their messages.

3.4 Participant acknowledges that any submissions (e.g. Diner Survey’s, etc.) may be edited, removed, modified, published, transmitted, and displayed by Phoenix Communications. In addition, Participant warrants that all moral rights in any uploaded materials have been waived.

Back to Top

4. ACCESS AND AVAILABILITY OF SITE AND LINKS

4.1 BYOguide.com contains links to other related World Wide Web Internet. Since Phoenix Communications is not responsible for the availability of these outside resources, or their contents Participant should direct any concerns regarding any external link to its site administrator or Webmaster.

Back to Top

5. REPRESENTATIONS AND WARRANTIES

5.1 Participant represents, warrants, and covenants (a) that no materials of any kind submitted through Participant's account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that Participant is at least twenty-one years old. Participant hereby indemnifies, defends and holds Phoenix Communications and BYOguide.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by Participant or any User of Participant's account of the Participant Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. Participant shall cooperate as fully as reasonably required in the defense of any claim. Phoenix Communications reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Participant.

5.2 Neither Phoenix Communications nor BYOguide.com represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any Participant, information provider or any other person or entity. Participant acknowledges that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at Participant's sole risk. Phoenix Communications reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

The Site and all downloadable software are distributed on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Participant hereby acknowledges that use of the Site is at Participant's sole risk.

Back to Top

6. REGISTRATION AND SECURITY (see Privacy Statement)

6.1 As part of the registration process, Participant may be asked to select a password and Participant name ("Phoenix Communications ID"). Participant shall provide BYOguide.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Participant's account. Participant may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the Rights of any person other than Participant without authorization; or (iii) use a screen name that Phoenix Communications, in its sole discretion, deems offensive.

6.2 (a) Participant shall notify help@byoguide.com of any known or suspected unauthorized use(s) of Participant's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Participant's password or credit card information. (b) Participant shall be responsible for maintaining the confidentiality of Participant's password. Participant will never be required to reveal Participant's password to any representative or agent of Phoenix Communications , its owners or agents.

6.3 Because of the nature of some of the promotions and content that is listed on the Site, Participants must be 21 years or older to subscribe to the Site; however, persons of all ages may view it. As such, Participant may share Participant's Phoenix Communications ID and password with others in accordance with paragraph 6.4 below.

6.4 Each Participant is responsible for all usage or activity on Phoenix Communications account, including use of the account by any third party authorized by Participant to use Participant's Phoenix Communications ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Participant's account, at Phoenix Communications's sole discretion, and Participant may be referred to appropriate law enforcement agencies.

Back to Top

7. FEES AND PAYMENTS

7.1. Phoenix Communications reserves the right at any time to charge fees for access to portions of the Site or the Site as a whole. If at any time Phoenix Communications requires a fee for portions of the Site that are now free, Phoenix Communications will give Participants advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in appropriate locations on the Site. Participant shall pay all fees and charges incurred through Participant's account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Site by Phoenix Communications or by any other vendor or service provider. All fees and charges shall be billed to and paid for by Participant. Participant shall pay all applicable taxes relating to use of the Site through Participant's account. Participant's right to use the Site is subject to any limits established by Phoenix Communications in its sole discretion.

Back to Top

8. COMMUNICATIONS BETWEEN PHOENIX COMMUNICATIONS AND PARTICIPANTS (See Privacy Statement)

8.1 Unless Participant indicates on the Participant Sign-In document that Participant does not want to receive such information, Phoenix Communications, its owners and assigns, reserves the right to disclose certain limited Participant information (e.g., Participant's name, email address) to third party vendors for the purpose of providing Participant with information about products and services.

8.2 Phoenix Communications reserves the right to send electronic mail to any and all Participants, to for the purpose of informing them of changes or additions to the Site, or of any Phoenix Communications related products and services.

8.3 Phoenix Communications reserves the right to disclose information about Participants usage and demographics in forms that do not reveal Participants' personal identities.

Back to Top

9. SOFTWARE LICENSES

9.1 Participant shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to Participant to access the Site ("Access Software"). Participant may not sublicense, assign or transfer any licenses granted by Phoenix Communications, and any attempt at such sublicense, assignment or transfer is void. Participant may copy such software for archival purposes only. Participant may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

Back to Top

10 TERMINATION

10.1 Participant may terminate Particpant's account at any time by sending email to: cancel@byoguide.com. Upon termination, Participant will receive an automated confirmation via e-mail that the request was received, and Participant's access will be suspended within 24 hours.

10.2 Phoenix Communications may, in its sole discretion, terminate or suspend Participant's access to all or part of the Site for any reason, including, without limitation, breach of the Participant Agreement, or assignment of the Participant Agreement by Participant.

Back to Top

11. MISCELLANEOUS

11.1 This Participant Agreement has been made in and shall be construed and enforced in accordance with New Jersey law. Any action to enforce this agreement shall be brought in the federal or state courts located in New Jersey.

11.2 Official correspondence must be sent via postal mail to:

Phoenix Communications
P.O. Box 734
West Caldwell, NJ 07007


Back to Top

 

COPYRIGHT NOTICE

Copyright 1999 Phoenix Communications

All rights reserved.

All materials on this site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior permission of Phoenix Communications. You may not alter or remove any trademark, copyright or other notice from copies of the content.

However, you may download material from BYOguide.com (one machine readable copy and one print copy per page) for your personal, noncommercial use only.

For further information, see section two of the Participant Agreement.

The following are registered trademarks and/or service ideas of Phoenix Communications.

Phoenix Communications
Phoenix Marketing
FoodWine Marketing
BYOGUIDE.COM
FoodSpeak
WineSpeak


Back to Top

 

Privacy Statement

 

What personally identifiable information does BYOguide.com collect from me?

BYOguide.com Collects information in several ways from different parts of our network of Web sites.

Some personal information is gathered when you register. During registration, BYOguide.com asks for your name, email address, and other personal information. The more information you volunteer (and the more accurate it is), the better we are able to customize your experience. Once you register you are no longer anonymous to BYOguide.com –you are able to take full advantage of BYOguide.com’s many offerings.

In addition to registration we may ask you for personal information at other times, including (but not limited to) when you enter a sweepstakes, contest or promotion sponsored by BYOguide.com and/or our partners. BYOguide.com also occasionally asks users to complete surveys that we use for internal research.

Back to Top

What are cookies and how does BYOguide.com use them?

As part of offering and providing customizable and personalized services, BYOguide.com uses cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browsers from a Web server and stored on your computer’s hard drive. All sites on BYOguide.com where you are prompted to log-in or that are customizable require that you accept cookies. (See "What are my choices regarding collection, use and distribution of my information?" for more information on cookies.)

Generally, we use cookies to:

1. Remind us of who you are and to access your account information (stored on our computers) in order to deliver to you a better and more personalized service. This cookie is set when you register or "Sign in" and is modified when you "sign out" of our services.
2. Estimate our audience size. Each browser accessing BYOguide.com is given a unique cookie which is then used to determine the extent of repeat usage, usage by a registered user versus by an unregistered user, and to help target ads based on user interests and behavior.
3. Assist in tracking visits. This information collected by cookies is sometimes called "clickstream" or "click trail" and may also describe which pages you have seen
4. Track your progress and number of entries in some of our promotions, sweepstakes and contests. When BYOguide.com hosted promotions use cookies, the information used written to the cookie indicates the participant’s progress through the promotion, and may be used to track entries submissions, and status in prize drawings.
5. Measure certain traffic patterns, which areas of BYOguide.com’s network of Web sites you have visited, and your visiting patterns in the aggregate. We use this research to understand how our users’ habits are similar or different from one another so that we can make each new experience on BYOguide.com a better one. We may use this information to better personalize the content, banners, and promotions that you and other users will see on our sites.

Advertising networks that serve ads onto BYOguide.com may also use their own cookies.

Back to Top

How does BYOguide.com use my information?

BYOguide.com’s primary goal in collecting personal information is to provide you, the user, with a customized experience on our site. This includes personalization services, interactive communications and many other types of services, most of which are completely free to you. In order to provide services free of charge, we display advertisements. By knowing a little about you, BYOguide.com is able to deliver more relevant advertisements and content, and hence better service to you.

In our role of delivering targeted advertisements, BYOguide.com plays the middleman. Advertisers give us an advertisement and tell us the type of audience they want to reach (for example, males over 35 years old). BYOguide.com takes the advertisement and displays it to users meeting that criteria. In this process, the advertiser never has access to the individual account information. Only BYOguide.com has access to individuals’ accounts. This kind of advertisement targeting is done with banner ads as well as promotional email through BYOguide.com Updates. You will only receive offers via email from BYOguide.com if you indicated in your account preferences that you would like to receive them. You can change your account preferences at any time.

Back to Top

Who is collecting information?

When you are on a BYOguide.com site and are asked for personal information, you are sharing that information with BYOguide.com alone, unless it is specifically stated otherwise. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular service.

Promotions that run on BYOguide.com may be sponsored by companies other than BYOguide.com or may be cosponsored by BYOguide.com and another company. Some or all data collected during a promotion may be shared with the sponsor. If data will be shared, you will be notified prior to the time of data collection or transfer. You can decide not to participate in the promotion if you don’t want your data to be shared.

Back to Top

With whom does BYOguide.com share my information?

As a general rule, BYOguide.com will not disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below. The following describes some of the ways that your information may be disclosed.

Business Partners & sponsors: BYOguide.com may disclose your personal information to business partners or sponsors, but this is specifically described to you prior to data collection or prior to transferring the data. Some or all data collected during a BYOguide.com promotion may be shared with a sponsor. If personally identifying data will be shared, we will tell you before we collect or transfer data.

Many promotions offer opportunities to request additional information from sponsors. By requesting more information, you give BYOguide.com permission to transfer your personal information to the sponsor so they can fulfill your request. In many instance, only your email address will be shared. If more information will be shared with the sponsor, you will be notified prior to the transfer.

Third Party Data & Data in the Aggregate: Under confidentiality agreements, BYOguide.com may match user information with third party data. Also, BYOguide.com discloses aggregated user statistics (for example, 45% of our users are female) in order to describe our services to prospective partners, advertisers, and other third parties, and for other lawful purposes.

Back to Top

What are my choices regarding collection, use, and distribution of my information?

If you indicated upon registration that you are interested in receiving offers or information from BYOguide.com and our partners, we may occasionally send you e-mail about products and services that we feel may be of interest to you. Only BYOguide.com (or agents working on behalf of BYOguide.com and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily edit your BYOguide.com Account Information to no longer receive such offers and mailings. You need your BYOguide.com ID and Password in order to access your BYOguide.com Account Information.

On some types of BYOguide.com promotions, we will ask for your email address in order to update you on your score, entries, and status in prize drawings. When you participate in these types of promotions, you automatically receive promotion-related email, unless you choose the no-email options that some promotions offer. Occasionally these promotion-related email messages may include targeted advertisements.

You also have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies you will be unable to use those BYOguide.com services that require registration in order to participate. These services include (but are not limited to) Message Board.

BYOguide.com will notify you at the time of date collection or transfer if your data will be shared with a third party and you will always have the option of not permitting the transfer. If you do not wish to allow your data to be shared, you can choose not to use a particular service or not to participate in certain promotions or contests.

Back to Top

What is BYOguide.com’s policy on allowing me to correct and update my personally identifiable information?

You may edit your BYOguide.com Account Information and your public BYOguide.com profile at any time by using your BYOguide.com ID and password. If you have forgotten your password, please click here to request a new password. For all other problems signing in to BYOguide.com, please click here and complete this form.

If you are participating in a BYOguide.com promotion or you have participated in a promotion sponsored by BYOguide.com and you wish to update your email address on the promotions mailing list or to quit a promotion and cease receiving promotion related email, please contact info@byoguide.com.

Back to Top

Sign In Drawing Rules

1. How to Enter: NO PURCHASE NECESSARY. Fill in your name, address, zip code and e-mail address on the Sign In Page of the byoguide.com Internet site. One entry per visitor’s sign-in. Any visitor who intentionally supplies incorrect information or the information of someone other than him/her self will be disqualified. By entering, all participants agree to these official rules.
2. Grand Prize: A $100 Gift Certificate to any BYO Restaurant in the tri state areas of New York City, New Jersey and greater Philadelphia. Restaurant will be the choice of the winner.
3. ALL FEDERAL, STATE AND LOCAL TAXES ON PRIZES ARE THE RESPONSIBILITY OF THE INDIVIDUAL WINNERS. PRIZES CANNOT BE TRANSFERRED, SUBSTITUTED, EXCHANGED OR REDEEMED FOR CASH.
4. Awarding of Prizes: Prize winners will be chosen in a random drawing from all valid “Sign In” entries received. A valid entry is an entry that is received during the specific contest period, which will begin on the first day of every month and end on the last day of every month. Drawing dates will be on the first day of each month. Odds of winning depend on the number of valid entries received. Prizes not claimed as of forty-five days after the drawing date will be awarded to alternate winners drawn on the drawing date. All decisions of the judging organization are final. By entering this drawing, the entrant consents to the use of his/her name for any trade purposes by byoguide.com without additional compensation to or permission from entrants.
5. Eligibility: All entrants must be at least 21 years of age. Void where prohibited, taxed or restricted by law. Associates of Phoenix Communications and their business partners and their immediate families are not eligible.
6. Winner Notification/Releases: Winners will be notified by e-mail. Winners may be required to execute an affidavit of eligibility, release and indemnity and return it by certified mail, return receipt requested, postmarked within fourteen days of notification. Failure to comply will result in prize being awarded to an alternate winner.
7. Prize Redemption: Winners must notify BYOguide.com by email or phone of the restaurant they wish to redeem their prize at. This notification must be received by byoguide.com a minimum of 14 days prior to the date that the winners wish to go to the restaurant.
8. Winner’s List: For a list of prizewinners, e-mail a request for such to info@byoguide.com.

Back to Top

---