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TERMS & CONDITIONS:
0. DISCLAIMER;
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BECAUSE THEY
DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE
OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING
AGREEMENT BETWEEN YOU AND US, PHOENIX NETWORK , REGARDING YOUR USE OF
OUR WEBSITE(S) AND OTHER SERVICES.
IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR
TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR
WEBSITE AND OTHER SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE
AGREEING TO EVERYTHING IN OUR TERMS OF USE.
PHOENIX NETWORK INC. AND ITS DIVISIONS, AFFILIATES, AND AGENTS DO NOT
WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE
UNINTERRUPTED, ERROR-FREE, OR SECURE OR THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT
YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL NETWORK,
COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE
SITE, AND ALL ITEMS RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE
THEREON. NO OPINION, ADVICE, OR STATEMENT OF PHOENIX NETWORK OR ITS
SUBSIDIARIES, AFFILIATES, DIVISIONS, AGENTS, REGISTERED USERS, OR VISITORS,
WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE
ENTIRELY AT YOUR OWN RISK.
i) Foreword
These Terms govern your use of the interactive websites, mobile and connected
applications, software, and other online interactive features and services, including, but not
limited to, emails, newsletters, forums, communities, sweepstakes and contests (collectively,
the “Services”) operated by Phoenix Network, (collectively “Phoenix Network” “we” “us” or
“our”). Additional terms and conditions of use applicable to specific areas of the Services
may also be posted in such areas and, together with these Terms, govern your use of those
areas and are referred to collectively as the “Agreement.”
We reserve the right, in our discretion, to change or modify all or any part of the Agreement
at any time, effective immediately upon notice published within our network or website. Your
use of the Services constitutes your binding acceptance of these terms and conditions,
including any changes or modifications made by Phoenix Network as permitted above.
Please be sure to review the Agreement periodically to ensure familiarity with the most
current version. If at any time the terms and conditions of the Agreement are no longer
acceptable to you, you should immediately cease all use of the Services. It is your
responsibility to refer to the Agreement upon accessing the Services.
You must be at least 16 years of age to use this Site.
ii) Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological measure under any
applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on
20 December 1996, or similar laws prohibiting or restricting circumvention of such
measures.
When you convey a covered work, you waive any legal power to forbid circumvention of
technological measures to the extent such circumvention is effected by exercising rights
under this License with respect to the covered work, and you disclaim any intention to limit
operation or modification of the work as a means of enforcing, against the work's users, your
or third parties' legal rights to forbid circumvention of technological measures.
Phoenix Network Inc. is registered trademark of Belgium oude heidestraat 8, 2950 Kapellen
– All rights reserved © 2017 – 2022
© 2017 – 2022 Phoenix Network Inc. All Rights Reserved.
1. Use of Forums and Registration
As part of the registration process, you may be asked to select a username and password
and you will be responsible for all activities occurring under your username and for keeping
your password secure. We may refuse to grant you a username that impersonates someone
else, violates or infringes on the trademark or proprietary rights of a third party, or is vulgar,
offensive, or otherwise inappropriate, as determined by us in our sole discretion. You agree
that your username and password is personal to you and should not be used to provide
access to the Services to any other person or entity.
You acknowledge that the Services contain information, software, articles, reviews, content,
photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of
our websites, applications and software and other material (collectively, the “Content”) that
are protected by copyright, trademark and/or other proprietary and intellectual rights of
Phoenix Network or third parties. All Content on the Services is protected by applicable
copyright and IP laws. You agree to comply with all copyright laws and any copyright
notices, information, or restrictions contained in any Content available on or accessed
through the Services. Users of the Services may use the Content only for their personal,
noncommercial use. Businesses, organizations or other legal entities may not become
Members, and are not permitted to use the Services for any purpose, including but not
limited to collecting usernames and/or email addresses of Members by electronic or other
means for the purpose of sending unsolicited email and unauthorized framing of, or linking
to, the Services or users on the Services.
All Content on the Services is protected by applicable copyright
and IP laws.
Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create
derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any
way exploit any of the Content, code or Material (defined in this agreement), in whole or in
part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to
scrape, extract, retrieve or index any portion of the Services. Content consisting of
downloadable or web-based software may not be reverse engineered unless specifically
authorized by the owner of the software’s patent and/or copyright. You also agree not to
circumvent, disable or otherwise interfere with any security related features of the Services
or the Content, including features that prevent or restrict use or copying, or that enforce
limitations on use.
2. Your Use of Content
You acknowledge that the Services contain information, software, articles, reviews, content,
photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of
our websites, applications and software and other material (collectively, the “Content”) that
are protected by copyright, trademark and/or other proprietary and IP rights of Phoenix
Network or divisions. All Content on the Services is protected by applicable laws. You agree
to comply with all copyright laws and any copyright notices, information, or restrictions
contained in any Content available on or accessed through the Services. Users of the
Services may use the Content only for their personal, noncommercial use. Businesses,
organizations or other legal entities may not become Members, and are not permitted to use
the Services for any purpose, including but not limited to collecting usernames and/or email
addresses of Members by electronic or other means for the purpose of sending unsolicited
email and unauthorized framing of, or linking to, the Services or users on the Services
All Content on the Services is protected by applicable laws.
You may only post on the Services content owned by you (such as your original statements
or video clips), content for which you have received express written permission from the
owner and content in the public domain (collectively, the “Material”). You assume all risk and
responsibility for determining whether any Material is in the public domain. You hereby
grant, transfer and assign to Phoenix Network and its affiliates, successors, assigns and staff
(collectively, “Staff”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and
license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify,
revise, create derivative works of and archive the Material, in any form or media now known
or hereafter developed (including without limitation in print, magnetic or electronic form),
including, but not limited to, as part of the Services or in support of the Services through
advertising or marketing, on any number of occasions in any form, and to sub-license third
parties (including other users of the Services) to do any of the foregoing with further right of
sub-license (the “License”), without payment or compensation to you and without seeking
further permission from you. You represent and warrant that you are authorized to grant all
rights set forth in the preceding sentence and that the exercise by Licensee of Licensee’s
rights under the License shall not violate any laws, defame or libel any person, invade any
person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the
rights of any person (including but not limited to any copyright or moral right).
You agree that you are solely responsible for the Material that you post on the Services or
transmit to others and agree that you will not hold Company responsible or liable for any
materials or content you access or receive from other users of the Services.
You may download, copy and make any personal, non-commercial use of the Content and
use that is expressly permitted by the United States Copyright Act of 1976, as amended
(“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other
applicable law, rule or regulation; provided, however, that you maintain all copyright and
other notices contained in such Content; and provided further that you shall not store
electronically any significant portion of any Content.
To the extent that you provide us with any suggestions, feedback or other information
relating to our business or the Services (including, but not limited to, suggested new ideas
or services or improvements to existing products and services), such information is
provided to us on a non-confidential and unrestricted basis, and you hereby grant to the
Licensee (as defined above) a non-exclusive, worldwide, perpetual, royalty-free, fully
transferable and sub-licensable right and license to reproduce, display, distribute, use and
fully exploit such suggestions, feedback and information.
For questions regarding use of Content please email administration@phoenixnetwork.net
3. Rules of Conduct
Phoenix Network has the right, but not the obligation, to investigate any illegal and/or
unauthorized use of the Services and appropriate action may be taken, including without
limitation, civil, and any injunctive relief. While utilizing the Services, you may not:
a) Use the Services for any commercial purpose, to distribute any advertising or solicitation
of funds or goods and services, or to solicit users to join online services;
b) Post on the Services any links to any external Internet sites that are obscene or
pornographic, or display pornographic or sexually explicit material of any kind;
c) Post on the Services or transmit through the Services any Material that violates or
infringes another person’s intellectual property rights (including, but not limited to, third
party music, videos, photos or other materials where you do not have written authority from
the owner to post or transmit such materials);
d) Post or transmit any Material that contains any advertising, promotional materials, “junk
mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
e) Reformat, frame or mirror any portion of any web page that is part of the Service; or
modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any
portion of the Site or Services;
f) Post Material containing restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page); or express or imply that any
statements you make are endorsed by us.
While utilizing the Services, you may not:
g) Submit any Material that impersonates a person or entity, falsely implies sponsorship or
affiliation of that Material by the Services, Phoenix Network and/or any third party, falsify or
delete any author attributions in any Material, or promote any information that you know is
false or misleading;
h) Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or
destructive nature through the Services or otherwise attempt to interfere with the proper
working of the Service or the use and enjoyment of the Services by other users; or use the
Site for any unlawful commercial, research or information gathering purposes.
j) Promote an illegal or unauthorized copy of another person’s copyrighted work, such as
providing modified computer programs or videos or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files; or use the Site for any unlawful commercial, research or information
gathering purposes;
k) Submit Material, or engage in any activity, that is libelous, defamatory, obscene,
pornographic, abusive, harassing, threatening, unlawful, or violates the rights of any third
party (including their rights of privacy or publicity) or that promotes or encourages illegal
activity, racism, bigotry, hatred, physical harm or discrimination of any kind against any
group or individual; or harvest or collect email addresses or other contact information of
other users by electronic or other means;
l) Allow job postings or employment requirements to be posted on the site in any capacity,
including to endorse or offer employment of financial opportunities from any company or
individual entity;
n) Share passwords, login information or named user identification or otherwise allow
multiple offices or users to access the Phoenix Network service on a basis that is other than
what was originally subscribed for. A named user is defined as one unique individual user
with one unique password. An office is defined as a location where a named user routinely
accesses or uses the Phoenix Network service under express license from Phoenix Network
or it’s divisions.
4. Member Disputes
You are solely responsible for your interactions with other Members of the Services.
Phoenix Network reserves the right, but has no obligation, to monitor disputes between you
and other Members and to take action (e.g., account deletion or removal of content posted
by a user) if Phoenix Network determines that there has been a violation of the Agreement
or if such action is otherwise necessary or desirable, in its sole discretion.
5. Managing Content
Despite our rights outlined herein, you shall remain solely responsible for all Material you
post. Phoenix Network has no obligation evaluate, to pre-screen and/or monitor the Material
you post, however Phoenix Network reserves the right to edit or remove any Content or
Material on the Services, in whole or in part, and to disclose any information or take any
action necessary to satisfy any applicable law, regulation, legal process or governmental
request or to protect the rights, property or safety of Phoenix Network, its users and the
public. You understand and agree that you may be exposed to such matters and that you
further waive your right to any damages (from any party) related to such exposure.
Phoenix Network has the right, but not the obligation, to take any of the following actions in
our sole discretion at any time and for any reason without giving you any prior notice:
Restrict, suspend, or terminate your access to all or any part of our Services;
Change, suspend, or discontinue all or any part of our Services;
Refuse, move, edit or remove any Material for any reason;
Refuse, move, edit or remove any Content that is available on the Services;
Deactivate or delete your account(s) and all related information and files in your
account(s);
Disclose your identity or other information about you to any third party who claims that
Material posted by you violates their legal rights, including, but not limited to, their
intellectual property rights or their rights of privacy or publicity;
Disclose your identity or other information about you to law enforcement officials upon
request if Phoenix Network in its sole discretion that such disclosure is in the interest of
protecting its users or the public;
Establish general practices and limits concerning use of our sites and Services.
You agree that Phoenix Network will not be liable to you or any third party for taking any of
these actions. You understand and agree that our Services may include communications
such as internal advertisement, service announcements and administrative messages from
us or from our divisions, and that these are considered part of the Services.
6. Use of Data/Anti-cheat framework and Metadata
When using a Service of Phoenix Network we may collect and store metadata from your
computer or device such as operating systems, IP Addresses, device ID information about
usage, user credentials and gameplay statistics, system interactions with Phoenix Network
services and peripheral hardware information (eg. to protect your game statistics and login
credentials Phoenix Network may place a randomly generated identification number within
the key-chain storage of your device.)
Note that this information is encrypted and hashed so that only the mechanical backend of
the services (ie. a master game server or database) can interact with the information and
therefore is impossible to be used in any other way. Phoenix Network may also collect, use,
store, and transmit statistical data regarding gameplay (including scores, rankings and
achievements), in a similar hashed and encrypted format to ensure services are in working
order and correctly process a users information into the engines of services.
Please contact us at administration@phoenixnetwork.net if you wish to have these
processes explained in a more detailed capacity or if you wish to have any of your user data
removed at any time.
Phoenix Network shall treat Personal Data as private and confidential information and is
unavailable to the public. Only administrative staff of Phoenix Network have access to the
language format in which personal data is processed which is required for services to
function and operate correctly.
Anti-cheat framework and Metadata (see privacy policy)
Phoenix network also enforces strict anti-cheat/server protection protocols which access
resources on an end-users local machine where phoenix network is connected to, like
memory and process load or network packets to detect changes or unauthorized
modifications of official phoenix network modules and if necessary activate network safety
protocols remotely in the interest of preserving service integrity and stability of services this
is activated from stored metadata in the end users local device and any data utilized by
Phoenix network and it's divisions is hashed and is protected under GFPD international data
policy in accordance with the privacy policy outlined in this agreement.
The Processing of Personal Data shall solely be done in accordance with this Agreement,
with respect to Processing of Personal Data covered by the General Data Protection
Regulation ("GDPR") or any other law regarding the collection, use, disclosure, or security of
Personal Data ("Data Protection Laws and
Regulations") .
7. Endorsement
PHOENIX NETWORK MAY AGREE TO RECEIVE A DONATION, FEE AND/OR OTHER
ENDORSEMENT VIA A THIRD PARTY OR INDIVIDUAL ENTITY ON SOME CLICKS MADE
ON, THROUGH OR LINKED FROM THE WEBSITE OR INTERACTIVE AREAS.
THIS MEANS PHOENIX NETWORK MAY AGREE TO RECEIVE A FORM OF NON-FOR
PROFIT FINANCIAL AID OR GIFT (COLLECTIVELY; A “DONATION”) THROUGH AN
ARRANGEMENT IT HAS WITH A THIRD PARTY OR INDIVIDUAL IF YOU (i) CLICK ON
CERTAIN LINKS OR LINKS IN OR CONTAINED ON OUR WEBSITES, EMAILS,
ANNOUNCEMENTS OR INTERACTIVE AREAS OR (ii) AGREE TO SUPPORT PHOENIX
NETWORK IN A NON-FOR PROFIT CAPACITY (COLLECTIVELY; A “DONATION”) BY
WHICH YOU AGREE TO RECEIVE NO FURTHER ACCESS, MODIFICATION, EXTENDED
SERVICE OR PRIORITY OF SERVICES RENDERED TO USERS OR (iii) AGREE TO
SUPPORT PHOENIX NETWORK IN A NON-FOR PROFIT CAPACITY TO ASSIST WITH THE
UPKEEP AND MAINTENANCE OF SERVICES, WEBSITES, EMAIL HOSTS AND OTHER
ASSOCIATED DIGITAL HOSTING MEANS WHICH PHOENIX NETWORK AND DIVISIONS
PROVIDE FREE OF CHARGE TO USERS.
Phoenix Network does not represent or endorse the accuracy or reliability of any Content or
other material posted on any interactive area or elsewhere on the Services and you
acknowledge that any reliance upon such Content or other material shall be at your sole
risk. Any Content or other material placed on any interactive area by users represents the
views of the user posting the statement, and does not represent the views of Phoenix
Network and it’s divisions.
8. Termination of Service
Phoenix Network reserves the right, in its sole discretion, to restrict, suspend or terminate
your access to all or any part of the Services, including the discussion areas, at any time for
any reason without prior notice or liability. Conversely, you may terminate your access to the
Services at any time by immediately ceasing use of the Services. If you would like to delete
a particular account on the Services, please contact administration@phoenixnetwork.net
and use the instructions for the particular property where you wish to delete your account.
Once your access terminates, you will have no right to use the Services. The terms of the
Agreement shall survive any termination of your access. Phoenix Network may change,
suspend or discontinue all or any aspect of the Services at any time, including the
availability of any feature, database, or Content (including the discussion areas), without
prior notice or liability.
9. Disclaimer of Warranties; Limitation of Liability
The Services and the Content are distributed on an “as is, as available” basis. None of
Phoenix Network, third party vendors or content providers or their respective divisions
makes any 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,
with respect to the Services, any Content or any intellectual property through the Services.
Neither Phoenix Network nor any third party content provider warrants that any files
available for downloading through the Services will be free of viruses or similar
contamination or destructive features. Neither Phoenix Network nor any third party content
provider warrants that any of the goods or services linked to or advertised in the Services
comply with data protection or other relevant legislation and Phoenix Network accepts no
liability whatsoever for any claim arising from such goods or services.
You expressly agree that the entire risk as to the quality and performance of the Services
and the accuracy or completeness of the Content is assumed solely by you and Phoenix
Network cannot guarantee the continued availability of any particular component of the
Services. You specifically acknowledge that Phoenix Network is not responsible or liable for
any unauthorized access to or alteration of your materials, data or other transmissions
entered into through the Services or for any threatening, defamatory, obscene, offensive or
illegal Content or for conduct of any other party or for any infringement of anothers rights.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, PHOENIX
NETWORK IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH
ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES,
LIABILITY OF PHOENIX NETWORK SHALL IN NO EVENT EXCEED THE GREATER OF (I)
THE TOTAL OF ANY DONATION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR
FEATURE OF THE SERVICES EXCHANGED IN THE THREE MONTHS PRIOR TO THE DATE
OF THE INITIAL CLAIM MADE AGAINST PHOENIX NETWORK, OR (II) ONE HUNDRED
EURO (€100.00). IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER
RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE
SERVICES, YOU RELEASE PHOENIX NETWORK FROM ANY CLAIMS, DEMANDS, AND
DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY
CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD PHOENIX NETWORK
HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.
Some jurisdictions do not allow exclusion of implied warranties or certain limitations of
liability, including for incidental or consequential damages, punitive or exemplary damages,
bodily or moral (reputation etc) damages, gross negligence, death or personal injury caused
by negligence, personal injury or loss of or damage to property caused by defective
products, fraud and/or fraudulent misrepresentation, or recklessness, so the above
limitations or exclusions may not apply to you. In such jurisdictions, the liability of Phoenix
Network, third party content providers and their respective agents shall be limited to the
greatest extent permitted by applicable law.
10. Indemnification
You agree to indemnify, defend and hold Phoenix Network and its affiliates, and their
respective officers, directors, owners, agents, information providers and licensors
(collectively, the “Phoenix Network/Divisions”) harmless from and against any and all claims,
liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any
Phoenix Network Party in connection with:
Your use of, or connection to, our Services;
Any use or alleged use of your accounts or your passwords by any person, whether or
not authorized by you;
The content, the quality, or the performance of Material that you submit;
Your violation of the Agreement or the Phoenix Network Terms and Conditions;
Your violation of the rights of any other person or entity; or
Your violation of any applicable laws, rules or regulations.
Phoenix Network reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, and in such case, you
agree to cooperate with Phoenix Network’s defense of such claim.
PHOENIX NETWORK SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. PHOENIX NETWORK, ANY THIRD
PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING,
WITHOUT LIMITATION, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF
OPPORTUNITY OR RESOURCES, LOSS OF REPUTATION OR GOODWILL, ARISING OUT
OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT,
TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
11. Copyright Policy
You may not post, distribute, perform, display, transmit or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without obtaining the
prior written consent of the owner of such proprietary rights. The Digital Millennium
Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe
that material appearing on the Internet infringes their rights under U.S. copyright law. If you
have a good faith belief that materials hosted by us infringe your copyright, you (or your
agent) may send us a notice requesting that the material be removed, or access to it
blocked. The notice must include the following information.
A notification of claimed infringement must include the following:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright or trademark interest;
(b) a description of the copyrighted work(s) or trademark(s) that you claim has been
infringed;
(c) a description of where the material that you claim is infringing is located on the Services
(including any additional identifying information such as URLs and post numbers to assist us
in identifying the allegedly infringing material);
(d) your address, telephone number, and email address;
(e) a written statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright or trademark owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright or trademark owner or authorized to act on
the copyright or trademark owner’s behalf.
If materials you have posted on the Services have been removed due to alleged
infringement of a third party’s intellectual property rights, Phoenix Network will notify you. If
you believe your materials have been wrongly removed, you may file a counter-notification
containing the following:
(a) an electronic or physical signature of the person authorized to act on your behalf;
(b) a description of the material that has been removed or to which access has been
disabled and where the material was located online before it was removed or access to it
was disabled;
(c) a written statement by you that under penalty of perjury, that you have 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; and
(d) your address, telephone number, and email address; and
(e) a statement that you consent to the jurisdiction of federal district court for the judicial
district in which the address is located, or if your address is outside of the European union,
for any judicial district in which the service provider may be found, and that you will accept
service of process from the person who provided notification under DMCA 512 subsection
(c)(1)(c) or an agent of such person.
Upon Phoenix Networks receipt of such counter-notice, Phoenix Network will provide the
complainant with your contact information so that you have the ability to resolve the issue.
Please note that when we forward the counter-notification, it includes your personal
information. If you are concerned about protecting your anonymity, please consult with an
attorney about other options. If the matter has been resolved or the complainant does not
seek a court order within the statutory time period, we generally will re-post the material.
Phoenix Network reserves the right to remove any materials or content alleged to be
infringing without prior notice, at Phoenix Network’ sole discretion, and without liability to
you. In appropriate circumstances,Phoenix Network will also terminate your account if you
are determined to be a repeat infringer. Any person who knowingly misrepresents that
material is infringing or that material was removed or disabled by mistake or misidentification
may be subject to liability.
12. Abandonware & Fair-use policy
Phoenix network holds the view that the nature of certain ‘serviceable’ states of programs
(typically existing covered works) under the copyright DMCA and the existing copyright law
can be classed or labelled under the ‘Abandonware’ (collectively “the Services”) title which
currently has not been presented to the US congress for an additional tabling to the existing
copyright definitions.
In accordance with the outlined terms above combined with the genuine use of the universal
‘fair-use’ policy and practices in a non-for-profit capacity, ‘Abandonware’ is;
a) Program(s) and/or works no longer supported, sold, endorsed or available via the
publisher;
b) Program(s) and/or works which can no longer be obtained officially via the publisher;
c) Program(s) and/or works deemed obsolete/not profitable by a publisher;
d) Program(s) and/or works where services or functions of which are terminated by the
publisher;
e) Program(s) and/or works that have any/all vital online functions or services terminated by
the publisher.
The following is also true of the ‘Abandonware’ label or classification:
i) Abandonware can class or identify program(s) and/or works (collectively “the Service”)
where the publisher no longer sees any financial, official, enterprise-related, reputation-
based, contract related or developmental reasons to continue any type of vital support for
services or functions;
ii) The term ‘Abandonware’ is used to describe or identify a program(s) where a publisher
has totally and permanently disconnected any availability or support for the program
resulting in both customers and potential customers from being able to interface in anyway
with the program, both customers with receipts and potential customers of existing products
both physical and digital;
iii) Abandonware classifications also includes a program(s) and/or works (or a service) in
which has been purchased by a customer and is subsequently left with no access to the
product without any reasonable or genuine grounds or lack thereof, based on definitions
above.
According to the definitions of ‘Abandonware’ outlined above, when these conditions are
met and are applicable to a service or function(s) of a program and/or covered work, they
can incurr or impose;
i) a situation that results in customers that have purchased the product unable to interact
with the product or consult the publisher about issues, information or regarding refund for
termination on disputable grounds;
ii) a program state and/or work that is 'Abandoned' by a publisher, this means the publisher
no longer sees any use what-so-ever to continue any type of support for the program or vital
functions of the service, which in effect fraudulently undercuts existing customers that have
purchased the program and customers who would like to purchase existing physical or
digital copies of the program;
iii) a strong indication that customers and potential customers are forced to either purchase
updated/ alternative software or to discontinue using the program and/or work all together
without a refund or optional transfers to new platforms on disputable grounds or lack
thereof;
iv) articles of established legal doctrine related and referring to ‘Abandonware’ including
precedents in any recognized judicial system or circuit, including the USA federal court
(DMCA) which has granted that 'Abandonware' may be hosted and used without the
publishers permission on the basis of updated definitions for copyright exemption of access
technologies (2018 page 59- 60 section (1) are met in the environment outlined above
which renders the user (collectively “The Individual”) able to host, make-available, use/or
access vital features of the program or service due the the 'Abandoned' status of the
program in order to restore the product or service to original working functionality without
modification.
'Abandonware' remains intellectual property of the publisher and so do trademarks and
copyright notices, however due to the 'abandoned' nature of the program, access and
availability are granted via the DMCA notice. The Program(s) and/or works accessed under
these conditions must not advertise, disclaimer, infringe on copyright and trademarks,
generate profit directly or indirectly or sabotage the publisher while doing so.
Phoenix Network understand that some definitions outlined in this section are currently not
registered or officially appended in the current United States DMCA copyright exemption
dictionary because no such action or process has yet been undertaken by any entity or
individual to form a precedent or official doctrine.
If you have have questions or inquiries about abandonware or the practice of ‘fair-use’
policies please contact us at legal@phoenixnetwork.net
13. Binding Arbitration
ARBITRATION NOTICE: Unless you opt out in accordance with this Section, any dispute,
claim or controversy arising out of or relating to this Agreement or the breach, termination,
enforcement, interpretation or validity thereof, including the determination of the scope or
applicability of this agreement to arbitrate, shall be determined by arbitration before a single
arbitrator. The arbitration shall be administered pursuant to its Comprehensive Arbitration
Rules and Procedures. Judgment on the arbitration award may be entered in any court
having jurisdiction. This clause shall not preclude parties from seeking provisional remedies
in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing,
each party shall have the right to institute an action in a court of proper jurisdiction for
injunctive or other equitable relief pending a final decision by the arbitrator.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION
SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY
DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS
ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY
DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF
OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
( If the specific provision of this paragraph is found to be unenforceable, then the entirety of
this Section entitled “Binding Arbitration” shall be null and void.)
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT,
ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE
SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL
DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT
MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT
CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
You may opt out of this agreement to arbitrate. If you opt out in accordance with this
Section, neither you nor Phoenix Network can require the other to participate in an
arbitration proceeding. To opt out, you must notify Phoenix Network in writing within thirty
(30) days of the date that you first became subject to this arbitration provision. You must use
this address to opt out:
Phoenix Network Inc.
Re: LEGAL: Arbitration Opt Out
legal@phoenixnetwork.net
You must include your name and residence address, the email address, if any, you use for
your respective Phoenix Network account, and a clear statement that you want to opt out of
this arbitration agreement.
14. International Use
We make no claims that any Material, Services or any Content is appropriate or may be
downloaded outside of the European Union or outside the country where such Material,
Services or any Content was produced. Access to the Material, Services or any Content
may not be legal in certain countries or for certain persons. If you access any Material,
Services or Content from outside of the European Union, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. You agree to comply with: (i) all
local rules regarding user conduct on the Internet and acceptable content; and (ii) all
applicable laws regarding the downloading and/or transmission of technical data and other
material from or to the European Union and the country in which you are located.
15. GDPR - General Data Protection Regulation
Phoenix Network is committed to protecting the privacy and security of your Personal
information and data. The informatie that you share allows us to provide you the best
experience within our products and services.
[]
If you have any questions, or want to edit, view or delete any of the above mentioned
sources please contact our DPO at:
administration@phoenixnetwork.net or mitch@phoenixnetwork.net
16. Miscellaneous
We may be required by international, state or federal law to notify you of certain events. You
hereby acknowledge and consent that such notices will be effective upon our posting them
on our sites or delivering them to you through e-mail. Subject to the arbitration provision
above and for all purposes of this Agreement, this Agreement shall be construed in
accordance with the laws of the State of New York, without reference to principles of choice
of law. You and Phoenix Network each irrevocably consent to the personal jurisdiction of the
federal or state courts located in ****(the “Courts”) with respect to any action, suit or
proceeding arising out of or related to this Agreement or to the Services (including without
limitation any Content) and waive any objection to venue in any of the Courts for such an
action, suit or proceeding (whether based on forum non conveniens or otherwise);
additionally, you agree that you will not bring any such action, suit or proceeding in any
court other than the Courts.
This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof, and supersedes all previous written or oral agreements between the
parties with respect to such subject matter. If any inconsistency exists between the terms of
this Agreement and any additional terms and conditions posted on the Services, such terms
shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the
additional terms and conditions shall control. If any provision of this Agreement is held
invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such
a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the
validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or
enforceability of such provision under other circumstances.
16. Definitions
“This License” or ‘Agreement’ refers to this document and any part of it.
“Terms”or “T&C” means this agreement and or any section/part of this agreement.
“Phoenix Network”means the host of services and governing body of this agreement plus all
content provided to registered users.
‘Users’ or ‘The individual’ means the end user or a registered user.
“Copyright” also means copyright-like laws that apply to other kinds of works, such as
semiconductor masks.
“The Program” refers to any copyrightable work licensed under License
To “modify” a work means to copy from or adapt all or part of the work in a fashion requiring
copyright permission, other than the making of an exact copy. The resulting work is called a
“modified version” of the earlier work or a work “based on” the earlier work.
A “covered work” means either the unmodified Program or a work based on the Program.
A “Donation”refers to an amount of currency agreed to be exchanged between a 3rd party
or individual entity and phoenix network in a Non-For-Profit capacity.
A “Gift”is an agreement between 2 parties or individuals in which 1 party receives an item
or currency from the other party with nothing returned in exchange based on the agreement
in which the involved parties agree on the relinquishment of the items or currency's involved
in the transaction.
To “propagate” a work means to do anything with it that, without permission, would make
you directly or secondarily liable for infringement under applicable copyright law, except
executing it on a computer or modifying a private copy. Propagation includes copying,
distribution (with or without modification), making available to the public, and in some
countries other activities as well.
The “Courts”identifies the name and location of where any and all measures of litigation will
be enacted and practiced in this agreement.
To “convey” a work means any kind of propagation that enables other parties to make or
receive copies. Mere interaction with a user through a computer network, with no transfer of
a copy, is not conveying.
‘Abandonware’ means a derilect product that required modification in order to access or
restore to original or default specifications.
‘Services’ or ‘The services’ refers to a type of interactable feature that can be hosted, made
available or accessed by registered end users. This included websites, forums,
communication applications and/or programs that have been modified or restored to
facilitate original purpose and/or access (ie. Matchmaking or server hosting)
END OF TERMS AND CONDITIONS
0. DISCLAIMER;
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BECAUSE THEY
DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE
OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING
AGREEMENT BETWEEN YOU AND US, PHOENIX NETWORK , REGARDING YOUR USE OF
OUR WEBSITE(S) AND OTHER SERVICES.
IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR
TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR
WEBSITE AND OTHER SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE
AGREEING TO EVERYTHING IN OUR TERMS OF USE.
PHOENIX NETWORK INC. AND ITS DIVISIONS, AFFILIATES, AND AGENTS DO NOT
WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE
UNINTERRUPTED, ERROR-FREE, OR SECURE OR THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT
YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL NETWORK,
COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE
SITE, AND ALL ITEMS RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE
THEREON. NO OPINION, ADVICE, OR STATEMENT OF PHOENIX NETWORK OR ITS
SUBSIDIARIES, AFFILIATES, DIVISIONS, AGENTS, REGISTERED USERS, OR VISITORS,
WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE
ENTIRELY AT YOUR OWN RISK.
i) Foreword
These Terms govern your use of the interactive websites, mobile and connected
applications, software, and other online interactive features and services, including, but not
limited to, emails, newsletters, forums, communities, sweepstakes and contests (collectively,
the “Services”) operated by Phoenix Network, (collectively “Phoenix Network” “we” “us” or
“our”). Additional terms and conditions of use applicable to specific areas of the Services
may also be posted in such areas and, together with these Terms, govern your use of those
areas and are referred to collectively as the “Agreement.”
We reserve the right, in our discretion, to change or modify all or any part of the Agreement
at any time, effective immediately upon notice published within our network or website. Your
use of the Services constitutes your binding acceptance of these terms and conditions,
including any changes or modifications made by Phoenix Network as permitted above.
Please be sure to review the Agreement periodically to ensure familiarity with the most
current version. If at any time the terms and conditions of the Agreement are no longer
acceptable to you, you should immediately cease all use of the Services. It is your
responsibility to refer to the Agreement upon accessing the Services.
You must be at least 16 years of age to use this Site.
ii) Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological measure under any
applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on
20 December 1996, or similar laws prohibiting or restricting circumvention of such
measures.
When you convey a covered work, you waive any legal power to forbid circumvention of
technological measures to the extent such circumvention is effected by exercising rights
under this License with respect to the covered work, and you disclaim any intention to limit
operation or modification of the work as a means of enforcing, against the work's users, your
or third parties' legal rights to forbid circumvention of technological measures.
Phoenix Network Inc. is registered trademark of Belgium oude heidestraat 8, 2950 Kapellen
– All rights reserved © 2017 – 2022
© 2017 – 2022 Phoenix Network Inc. All Rights Reserved.
1. Use of Forums and Registration
As part of the registration process, you may be asked to select a username and password
and you will be responsible for all activities occurring under your username and for keeping
your password secure. We may refuse to grant you a username that impersonates someone
else, violates or infringes on the trademark or proprietary rights of a third party, or is vulgar,
offensive, or otherwise inappropriate, as determined by us in our sole discretion. You agree
that your username and password is personal to you and should not be used to provide
access to the Services to any other person or entity.
You acknowledge that the Services contain information, software, articles, reviews, content,
photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of
our websites, applications and software and other material (collectively, the “Content”) that
are protected by copyright, trademark and/or other proprietary and intellectual rights of
Phoenix Network or third parties. All Content on the Services is protected by applicable
copyright and IP laws. You agree to comply with all copyright laws and any copyright
notices, information, or restrictions contained in any Content available on or accessed
through the Services. Users of the Services may use the Content only for their personal,
noncommercial use. Businesses, organizations or other legal entities may not become
Members, and are not permitted to use the Services for any purpose, including but not
limited to collecting usernames and/or email addresses of Members by electronic or other
means for the purpose of sending unsolicited email and unauthorized framing of, or linking
to, the Services or users on the Services.
All Content on the Services is protected by applicable copyright
and IP laws.
Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create
derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any
way exploit any of the Content, code or Material (defined in this agreement), in whole or in
part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to
scrape, extract, retrieve or index any portion of the Services. Content consisting of
downloadable or web-based software may not be reverse engineered unless specifically
authorized by the owner of the software’s patent and/or copyright. You also agree not to
circumvent, disable or otherwise interfere with any security related features of the Services
or the Content, including features that prevent or restrict use or copying, or that enforce
limitations on use.
2. Your Use of Content
You acknowledge that the Services contain information, software, articles, reviews, content,
photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of
our websites, applications and software and other material (collectively, the “Content”) that
are protected by copyright, trademark and/or other proprietary and IP rights of Phoenix
Network or divisions. All Content on the Services is protected by applicable laws. You agree
to comply with all copyright laws and any copyright notices, information, or restrictions
contained in any Content available on or accessed through the Services. Users of the
Services may use the Content only for their personal, noncommercial use. Businesses,
organizations or other legal entities may not become Members, and are not permitted to use
the Services for any purpose, including but not limited to collecting usernames and/or email
addresses of Members by electronic or other means for the purpose of sending unsolicited
email and unauthorized framing of, or linking to, the Services or users on the Services
All Content on the Services is protected by applicable laws.
You may only post on the Services content owned by you (such as your original statements
or video clips), content for which you have received express written permission from the
owner and content in the public domain (collectively, the “Material”). You assume all risk and
responsibility for determining whether any Material is in the public domain. You hereby
grant, transfer and assign to Phoenix Network and its affiliates, successors, assigns and staff
(collectively, “Staff”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and
license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify,
revise, create derivative works of and archive the Material, in any form or media now known
or hereafter developed (including without limitation in print, magnetic or electronic form),
including, but not limited to, as part of the Services or in support of the Services through
advertising or marketing, on any number of occasions in any form, and to sub-license third
parties (including other users of the Services) to do any of the foregoing with further right of
sub-license (the “License”), without payment or compensation to you and without seeking
further permission from you. You represent and warrant that you are authorized to grant all
rights set forth in the preceding sentence and that the exercise by Licensee of Licensee’s
rights under the License shall not violate any laws, defame or libel any person, invade any
person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the
rights of any person (including but not limited to any copyright or moral right).
You agree that you are solely responsible for the Material that you post on the Services or
transmit to others and agree that you will not hold Company responsible or liable for any
materials or content you access or receive from other users of the Services.
You may download, copy and make any personal, non-commercial use of the Content and
use that is expressly permitted by the United States Copyright Act of 1976, as amended
(“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other
applicable law, rule or regulation; provided, however, that you maintain all copyright and
other notices contained in such Content; and provided further that you shall not store
electronically any significant portion of any Content.
To the extent that you provide us with any suggestions, feedback or other information
relating to our business or the Services (including, but not limited to, suggested new ideas
or services or improvements to existing products and services), such information is
provided to us on a non-confidential and unrestricted basis, and you hereby grant to the
Licensee (as defined above) a non-exclusive, worldwide, perpetual, royalty-free, fully
transferable and sub-licensable right and license to reproduce, display, distribute, use and
fully exploit such suggestions, feedback and information.
For questions regarding use of Content please email administration@phoenixnetwork.net
3. Rules of Conduct
Phoenix Network has the right, but not the obligation, to investigate any illegal and/or
unauthorized use of the Services and appropriate action may be taken, including without
limitation, civil, and any injunctive relief. While utilizing the Services, you may not:
a) Use the Services for any commercial purpose, to distribute any advertising or solicitation
of funds or goods and services, or to solicit users to join online services;
b) Post on the Services any links to any external Internet sites that are obscene or
pornographic, or display pornographic or sexually explicit material of any kind;
c) Post on the Services or transmit through the Services any Material that violates or
infringes another person’s intellectual property rights (including, but not limited to, third
party music, videos, photos or other materials where you do not have written authority from
the owner to post or transmit such materials);
d) Post or transmit any Material that contains any advertising, promotional materials, “junk
mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
e) Reformat, frame or mirror any portion of any web page that is part of the Service; or
modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any
portion of the Site or Services;
f) Post Material containing restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page); or express or imply that any
statements you make are endorsed by us.
While utilizing the Services, you may not:
g) Submit any Material that impersonates a person or entity, falsely implies sponsorship or
affiliation of that Material by the Services, Phoenix Network and/or any third party, falsify or
delete any author attributions in any Material, or promote any information that you know is
false or misleading;
h) Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or
destructive nature through the Services or otherwise attempt to interfere with the proper
working of the Service or the use and enjoyment of the Services by other users; or use the
Site for any unlawful commercial, research or information gathering purposes.
j) Promote an illegal or unauthorized copy of another person’s copyrighted work, such as
providing modified computer programs or videos or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files; or use the Site for any unlawful commercial, research or information
gathering purposes;
k) Submit Material, or engage in any activity, that is libelous, defamatory, obscene,
pornographic, abusive, harassing, threatening, unlawful, or violates the rights of any third
party (including their rights of privacy or publicity) or that promotes or encourages illegal
activity, racism, bigotry, hatred, physical harm or discrimination of any kind against any
group or individual; or harvest or collect email addresses or other contact information of
other users by electronic or other means;
l) Allow job postings or employment requirements to be posted on the site in any capacity,
including to endorse or offer employment of financial opportunities from any company or
individual entity;
n) Share passwords, login information or named user identification or otherwise allow
multiple offices or users to access the Phoenix Network service on a basis that is other than
what was originally subscribed for. A named user is defined as one unique individual user
with one unique password. An office is defined as a location where a named user routinely
accesses or uses the Phoenix Network service under express license from Phoenix Network
or it’s divisions.
4. Member Disputes
You are solely responsible for your interactions with other Members of the Services.
Phoenix Network reserves the right, but has no obligation, to monitor disputes between you
and other Members and to take action (e.g., account deletion or removal of content posted
by a user) if Phoenix Network determines that there has been a violation of the Agreement
or if such action is otherwise necessary or desirable, in its sole discretion.
5. Managing Content
Despite our rights outlined herein, you shall remain solely responsible for all Material you
post. Phoenix Network has no obligation evaluate, to pre-screen and/or monitor the Material
you post, however Phoenix Network reserves the right to edit or remove any Content or
Material on the Services, in whole or in part, and to disclose any information or take any
action necessary to satisfy any applicable law, regulation, legal process or governmental
request or to protect the rights, property or safety of Phoenix Network, its users and the
public. You understand and agree that you may be exposed to such matters and that you
further waive your right to any damages (from any party) related to such exposure.
Phoenix Network has the right, but not the obligation, to take any of the following actions in
our sole discretion at any time and for any reason without giving you any prior notice:
Restrict, suspend, or terminate your access to all or any part of our Services;
Change, suspend, or discontinue all or any part of our Services;
Refuse, move, edit or remove any Material for any reason;
Refuse, move, edit or remove any Content that is available on the Services;
Deactivate or delete your account(s) and all related information and files in your
account(s);
Disclose your identity or other information about you to any third party who claims that
Material posted by you violates their legal rights, including, but not limited to, their
intellectual property rights or their rights of privacy or publicity;
Disclose your identity or other information about you to law enforcement officials upon
request if Phoenix Network in its sole discretion that such disclosure is in the interest of
protecting its users or the public;
Establish general practices and limits concerning use of our sites and Services.
You agree that Phoenix Network will not be liable to you or any third party for taking any of
these actions. You understand and agree that our Services may include communications
such as internal advertisement, service announcements and administrative messages from
us or from our divisions, and that these are considered part of the Services.
6. Use of Data/Anti-cheat framework and Metadata
When using a Service of Phoenix Network we may collect and store metadata from your
computer or device such as operating systems, IP Addresses, device ID information about
usage, user credentials and gameplay statistics, system interactions with Phoenix Network
services and peripheral hardware information (eg. to protect your game statistics and login
credentials Phoenix Network may place a randomly generated identification number within
the key-chain storage of your device.)
Note that this information is encrypted and hashed so that only the mechanical backend of
the services (ie. a master game server or database) can interact with the information and
therefore is impossible to be used in any other way. Phoenix Network may also collect, use,
store, and transmit statistical data regarding gameplay (including scores, rankings and
achievements), in a similar hashed and encrypted format to ensure services are in working
order and correctly process a users information into the engines of services.
Please contact us at administration@phoenixnetwork.net if you wish to have these
processes explained in a more detailed capacity or if you wish to have any of your user data
removed at any time.
Phoenix Network shall treat Personal Data as private and confidential information and is
unavailable to the public. Only administrative staff of Phoenix Network have access to the
language format in which personal data is processed which is required for services to
function and operate correctly.
Anti-cheat framework and Metadata (see privacy policy)
Phoenix network also enforces strict anti-cheat/server protection protocols which access
resources on an end-users local machine where phoenix network is connected to, like
memory and process load or network packets to detect changes or unauthorized
modifications of official phoenix network modules and if necessary activate network safety
protocols remotely in the interest of preserving service integrity and stability of services this
is activated from stored metadata in the end users local device and any data utilized by
Phoenix network and it's divisions is hashed and is protected under GFPD international data
policy in accordance with the privacy policy outlined in this agreement.
The Processing of Personal Data shall solely be done in accordance with this Agreement,
with respect to Processing of Personal Data covered by the General Data Protection
Regulation ("GDPR") or any other law regarding the collection, use, disclosure, or security of
Personal Data ("Data Protection Laws and
Regulations") .
7. Endorsement
PHOENIX NETWORK MAY AGREE TO RECEIVE A DONATION, FEE AND/OR OTHER
ENDORSEMENT VIA A THIRD PARTY OR INDIVIDUAL ENTITY ON SOME CLICKS MADE
ON, THROUGH OR LINKED FROM THE WEBSITE OR INTERACTIVE AREAS.
THIS MEANS PHOENIX NETWORK MAY AGREE TO RECEIVE A FORM OF NON-FOR
PROFIT FINANCIAL AID OR GIFT (COLLECTIVELY; A “DONATION”) THROUGH AN
ARRANGEMENT IT HAS WITH A THIRD PARTY OR INDIVIDUAL IF YOU (i) CLICK ON
CERTAIN LINKS OR LINKS IN OR CONTAINED ON OUR WEBSITES, EMAILS,
ANNOUNCEMENTS OR INTERACTIVE AREAS OR (ii) AGREE TO SUPPORT PHOENIX
NETWORK IN A NON-FOR PROFIT CAPACITY (COLLECTIVELY; A “DONATION”) BY
WHICH YOU AGREE TO RECEIVE NO FURTHER ACCESS, MODIFICATION, EXTENDED
SERVICE OR PRIORITY OF SERVICES RENDERED TO USERS OR (iii) AGREE TO
SUPPORT PHOENIX NETWORK IN A NON-FOR PROFIT CAPACITY TO ASSIST WITH THE
UPKEEP AND MAINTENANCE OF SERVICES, WEBSITES, EMAIL HOSTS AND OTHER
ASSOCIATED DIGITAL HOSTING MEANS WHICH PHOENIX NETWORK AND DIVISIONS
PROVIDE FREE OF CHARGE TO USERS.
Phoenix Network does not represent or endorse the accuracy or reliability of any Content or
other material posted on any interactive area or elsewhere on the Services and you
acknowledge that any reliance upon such Content or other material shall be at your sole
risk. Any Content or other material placed on any interactive area by users represents the
views of the user posting the statement, and does not represent the views of Phoenix
Network and it’s divisions.
8. Termination of Service
Phoenix Network reserves the right, in its sole discretion, to restrict, suspend or terminate
your access to all or any part of the Services, including the discussion areas, at any time for
any reason without prior notice or liability. Conversely, you may terminate your access to the
Services at any time by immediately ceasing use of the Services. If you would like to delete
a particular account on the Services, please contact administration@phoenixnetwork.net
and use the instructions for the particular property where you wish to delete your account.
Once your access terminates, you will have no right to use the Services. The terms of the
Agreement shall survive any termination of your access. Phoenix Network may change,
suspend or discontinue all or any aspect of the Services at any time, including the
availability of any feature, database, or Content (including the discussion areas), without
prior notice or liability.
9. Disclaimer of Warranties; Limitation of Liability
The Services and the Content are distributed on an “as is, as available” basis. None of
Phoenix Network, third party vendors or content providers or their respective divisions
makes any 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,
with respect to the Services, any Content or any intellectual property through the Services.
Neither Phoenix Network nor any third party content provider warrants that any files
available for downloading through the Services will be free of viruses or similar
contamination or destructive features. Neither Phoenix Network nor any third party content
provider warrants that any of the goods or services linked to or advertised in the Services
comply with data protection or other relevant legislation and Phoenix Network accepts no
liability whatsoever for any claim arising from such goods or services.
You expressly agree that the entire risk as to the quality and performance of the Services
and the accuracy or completeness of the Content is assumed solely by you and Phoenix
Network cannot guarantee the continued availability of any particular component of the
Services. You specifically acknowledge that Phoenix Network is not responsible or liable for
any unauthorized access to or alteration of your materials, data or other transmissions
entered into through the Services or for any threatening, defamatory, obscene, offensive or
illegal Content or for conduct of any other party or for any infringement of anothers rights.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, PHOENIX
NETWORK IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH
ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES,
LIABILITY OF PHOENIX NETWORK SHALL IN NO EVENT EXCEED THE GREATER OF (I)
THE TOTAL OF ANY DONATION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR
FEATURE OF THE SERVICES EXCHANGED IN THE THREE MONTHS PRIOR TO THE DATE
OF THE INITIAL CLAIM MADE AGAINST PHOENIX NETWORK, OR (II) ONE HUNDRED
EURO (€100.00). IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER
RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE
SERVICES, YOU RELEASE PHOENIX NETWORK FROM ANY CLAIMS, DEMANDS, AND
DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY
CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD PHOENIX NETWORK
HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.
Some jurisdictions do not allow exclusion of implied warranties or certain limitations of
liability, including for incidental or consequential damages, punitive or exemplary damages,
bodily or moral (reputation etc) damages, gross negligence, death or personal injury caused
by negligence, personal injury or loss of or damage to property caused by defective
products, fraud and/or fraudulent misrepresentation, or recklessness, so the above
limitations or exclusions may not apply to you. In such jurisdictions, the liability of Phoenix
Network, third party content providers and their respective agents shall be limited to the
greatest extent permitted by applicable law.
10. Indemnification
You agree to indemnify, defend and hold Phoenix Network and its affiliates, and their
respective officers, directors, owners, agents, information providers and licensors
(collectively, the “Phoenix Network/Divisions”) harmless from and against any and all claims,
liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any
Phoenix Network Party in connection with:
Your use of, or connection to, our Services;
Any use or alleged use of your accounts or your passwords by any person, whether or
not authorized by you;
The content, the quality, or the performance of Material that you submit;
Your violation of the Agreement or the Phoenix Network Terms and Conditions;
Your violation of the rights of any other person or entity; or
Your violation of any applicable laws, rules or regulations.
Phoenix Network reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, and in such case, you
agree to cooperate with Phoenix Network’s defense of such claim.
PHOENIX NETWORK SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. PHOENIX NETWORK, ANY THIRD
PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING,
WITHOUT LIMITATION, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF
OPPORTUNITY OR RESOURCES, LOSS OF REPUTATION OR GOODWILL, ARISING OUT
OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT,
TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
11. Copyright Policy
You may not post, distribute, perform, display, transmit or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without obtaining the
prior written consent of the owner of such proprietary rights. The Digital Millennium
Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe
that material appearing on the Internet infringes their rights under U.S. copyright law. If you
have a good faith belief that materials hosted by us infringe your copyright, you (or your
agent) may send us a notice requesting that the material be removed, or access to it
blocked. The notice must include the following information.
A notification of claimed infringement must include the following:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright or trademark interest;
(b) a description of the copyrighted work(s) or trademark(s) that you claim has been
infringed;
(c) a description of where the material that you claim is infringing is located on the Services
(including any additional identifying information such as URLs and post numbers to assist us
in identifying the allegedly infringing material);
(d) your address, telephone number, and email address;
(e) a written statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright or trademark owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright or trademark owner or authorized to act on
the copyright or trademark owner’s behalf.
If materials you have posted on the Services have been removed due to alleged
infringement of a third party’s intellectual property rights, Phoenix Network will notify you. If
you believe your materials have been wrongly removed, you may file a counter-notification
containing the following:
(a) an electronic or physical signature of the person authorized to act on your behalf;
(b) a description of the material that has been removed or to which access has been
disabled and where the material was located online before it was removed or access to it
was disabled;
(c) a written statement by you that under penalty of perjury, that you have 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; and
(d) your address, telephone number, and email address; and
(e) a statement that you consent to the jurisdiction of federal district court for the judicial
district in which the address is located, or if your address is outside of the European union,
for any judicial district in which the service provider may be found, and that you will accept
service of process from the person who provided notification under DMCA 512 subsection
(c)(1)(c) or an agent of such person.
Upon Phoenix Networks receipt of such counter-notice, Phoenix Network will provide the
complainant with your contact information so that you have the ability to resolve the issue.
Please note that when we forward the counter-notification, it includes your personal
information. If you are concerned about protecting your anonymity, please consult with an
attorney about other options. If the matter has been resolved or the complainant does not
seek a court order within the statutory time period, we generally will re-post the material.
Phoenix Network reserves the right to remove any materials or content alleged to be
infringing without prior notice, at Phoenix Network’ sole discretion, and without liability to
you. In appropriate circumstances,Phoenix Network will also terminate your account if you
are determined to be a repeat infringer. Any person who knowingly misrepresents that
material is infringing or that material was removed or disabled by mistake or misidentification
may be subject to liability.
12. Abandonware & Fair-use policy
Phoenix network holds the view that the nature of certain ‘serviceable’ states of programs
(typically existing covered works) under the copyright DMCA and the existing copyright law
can be classed or labelled under the ‘Abandonware’ (collectively “the Services”) title which
currently has not been presented to the US congress for an additional tabling to the existing
copyright definitions.
In accordance with the outlined terms above combined with the genuine use of the universal
‘fair-use’ policy and practices in a non-for-profit capacity, ‘Abandonware’ is;
a) Program(s) and/or works no longer supported, sold, endorsed or available via the
publisher;
b) Program(s) and/or works which can no longer be obtained officially via the publisher;
c) Program(s) and/or works deemed obsolete/not profitable by a publisher;
d) Program(s) and/or works where services or functions of which are terminated by the
publisher;
e) Program(s) and/or works that have any/all vital online functions or services terminated by
the publisher.
The following is also true of the ‘Abandonware’ label or classification:
i) Abandonware can class or identify program(s) and/or works (collectively “the Service”)
where the publisher no longer sees any financial, official, enterprise-related, reputation-
based, contract related or developmental reasons to continue any type of vital support for
services or functions;
ii) The term ‘Abandonware’ is used to describe or identify a program(s) where a publisher
has totally and permanently disconnected any availability or support for the program
resulting in both customers and potential customers from being able to interface in anyway
with the program, both customers with receipts and potential customers of existing products
both physical and digital;
iii) Abandonware classifications also includes a program(s) and/or works (or a service) in
which has been purchased by a customer and is subsequently left with no access to the
product without any reasonable or genuine grounds or lack thereof, based on definitions
above.
According to the definitions of ‘Abandonware’ outlined above, when these conditions are
met and are applicable to a service or function(s) of a program and/or covered work, they
can incurr or impose;
i) a situation that results in customers that have purchased the product unable to interact
with the product or consult the publisher about issues, information or regarding refund for
termination on disputable grounds;
ii) a program state and/or work that is 'Abandoned' by a publisher, this means the publisher
no longer sees any use what-so-ever to continue any type of support for the program or vital
functions of the service, which in effect fraudulently undercuts existing customers that have
purchased the program and customers who would like to purchase existing physical or
digital copies of the program;
iii) a strong indication that customers and potential customers are forced to either purchase
updated/ alternative software or to discontinue using the program and/or work all together
without a refund or optional transfers to new platforms on disputable grounds or lack
thereof;
iv) articles of established legal doctrine related and referring to ‘Abandonware’ including
precedents in any recognized judicial system or circuit, including the USA federal court
(DMCA) which has granted that 'Abandonware' may be hosted and used without the
publishers permission on the basis of updated definitions for copyright exemption of access
technologies (2018 page 59- 60 section (1) are met in the environment outlined above
which renders the user (collectively “The Individual”) able to host, make-available, use/or
access vital features of the program or service due the the 'Abandoned' status of the
program in order to restore the product or service to original working functionality without
modification.
'Abandonware' remains intellectual property of the publisher and so do trademarks and
copyright notices, however due to the 'abandoned' nature of the program, access and
availability are granted via the DMCA notice. The Program(s) and/or works accessed under
these conditions must not advertise, disclaimer, infringe on copyright and trademarks,
generate profit directly or indirectly or sabotage the publisher while doing so.
Phoenix Network understand that some definitions outlined in this section are currently not
registered or officially appended in the current United States DMCA copyright exemption
dictionary because no such action or process has yet been undertaken by any entity or
individual to form a precedent or official doctrine.
If you have have questions or inquiries about abandonware or the practice of ‘fair-use’
policies please contact us at legal@phoenixnetwork.net
13. Binding Arbitration
ARBITRATION NOTICE: Unless you opt out in accordance with this Section, any dispute,
claim or controversy arising out of or relating to this Agreement or the breach, termination,
enforcement, interpretation or validity thereof, including the determination of the scope or
applicability of this agreement to arbitrate, shall be determined by arbitration before a single
arbitrator. The arbitration shall be administered pursuant to its Comprehensive Arbitration
Rules and Procedures. Judgment on the arbitration award may be entered in any court
having jurisdiction. This clause shall not preclude parties from seeking provisional remedies
in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing,
each party shall have the right to institute an action in a court of proper jurisdiction for
injunctive or other equitable relief pending a final decision by the arbitrator.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION
SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY
DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS
ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY
DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF
OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
( If the specific provision of this paragraph is found to be unenforceable, then the entirety of
this Section entitled “Binding Arbitration” shall be null and void.)
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT,
ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE
SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL
DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT
MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT
CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
You may opt out of this agreement to arbitrate. If you opt out in accordance with this
Section, neither you nor Phoenix Network can require the other to participate in an
arbitration proceeding. To opt out, you must notify Phoenix Network in writing within thirty
(30) days of the date that you first became subject to this arbitration provision. You must use
this address to opt out:
Phoenix Network Inc.
Re: LEGAL: Arbitration Opt Out
legal@phoenixnetwork.net
You must include your name and residence address, the email address, if any, you use for
your respective Phoenix Network account, and a clear statement that you want to opt out of
this arbitration agreement.
14. International Use
We make no claims that any Material, Services or any Content is appropriate or may be
downloaded outside of the European Union or outside the country where such Material,
Services or any Content was produced. Access to the Material, Services or any Content
may not be legal in certain countries or for certain persons. If you access any Material,
Services or Content from outside of the European Union, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. You agree to comply with: (i) all
local rules regarding user conduct on the Internet and acceptable content; and (ii) all
applicable laws regarding the downloading and/or transmission of technical data and other
material from or to the European Union and the country in which you are located.
15. GDPR - General Data Protection Regulation
Phoenix Network is committed to protecting the privacy and security of your Personal
information and data. The informatie that you share allows us to provide you the best
experience within our products and services.
[]
If you have any questions, or want to edit, view or delete any of the above mentioned
sources please contact our DPO at:
administration@phoenixnetwork.net or mitch@phoenixnetwork.net
16. Miscellaneous
We may be required by international, state or federal law to notify you of certain events. You
hereby acknowledge and consent that such notices will be effective upon our posting them
on our sites or delivering them to you through e-mail. Subject to the arbitration provision
above and for all purposes of this Agreement, this Agreement shall be construed in
accordance with the laws of the State of New York, without reference to principles of choice
of law. You and Phoenix Network each irrevocably consent to the personal jurisdiction of the
federal or state courts located in ****(the “Courts”) with respect to any action, suit or
proceeding arising out of or related to this Agreement or to the Services (including without
limitation any Content) and waive any objection to venue in any of the Courts for such an
action, suit or proceeding (whether based on forum non conveniens or otherwise);
additionally, you agree that you will not bring any such action, suit or proceeding in any
court other than the Courts.
This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof, and supersedes all previous written or oral agreements between the
parties with respect to such subject matter. If any inconsistency exists between the terms of
this Agreement and any additional terms and conditions posted on the Services, such terms
shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the
additional terms and conditions shall control. If any provision of this Agreement is held
invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such
a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the
validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or
enforceability of such provision under other circumstances.
16. Definitions
“This License” or ‘Agreement’ refers to this document and any part of it.
“Terms”or “T&C” means this agreement and or any section/part of this agreement.
“Phoenix Network”means the host of services and governing body of this agreement plus all
content provided to registered users.
‘Users’ or ‘The individual’ means the end user or a registered user.
“Copyright” also means copyright-like laws that apply to other kinds of works, such as
semiconductor masks.
“The Program” refers to any copyrightable work licensed under License
To “modify” a work means to copy from or adapt all or part of the work in a fashion requiring
copyright permission, other than the making of an exact copy. The resulting work is called a
“modified version” of the earlier work or a work “based on” the earlier work.
A “covered work” means either the unmodified Program or a work based on the Program.
A “Donation”refers to an amount of currency agreed to be exchanged between a 3rd party
or individual entity and phoenix network in a Non-For-Profit capacity.
A “Gift”is an agreement between 2 parties or individuals in which 1 party receives an item
or currency from the other party with nothing returned in exchange based on the agreement
in which the involved parties agree on the relinquishment of the items or currency's involved
in the transaction.
To “propagate” a work means to do anything with it that, without permission, would make
you directly or secondarily liable for infringement under applicable copyright law, except
executing it on a computer or modifying a private copy. Propagation includes copying,
distribution (with or without modification), making available to the public, and in some
countries other activities as well.
The “Courts”identifies the name and location of where any and all measures of litigation will
be enacted and practiced in this agreement.
To “convey” a work means any kind of propagation that enables other parties to make or
receive copies. Mere interaction with a user through a computer network, with no transfer of
a copy, is not conveying.
‘Abandonware’ means a derilect product that required modification in order to access or
restore to original or default specifications.
‘Services’ or ‘The services’ refers to a type of interactable feature that can be hosted, made
available or accessed by registered end users. This included websites, forums,
communication applications and/or programs that have been modified or restored to
facilitate original purpose and/or access (ie. Matchmaking or server hosting)
END OF TERMS AND CONDITIONS