Phenix Limited LLC
Terms of Use

These Terms of Use ("Terms") are a legal agreement between you and Phenix Limited LLC ("Phenix"). By accessing, browsing, and/or using this website (the "Site"), you acknowledge that you have read, understood, and agree, to be bound by these Terms, as updated by us from time to time.

Your use of this Site after we post any changes to these Terms constitutes your agreement to these Terms as changed. Phenix may, in its sole discretion, elect to warn you if you have been found in violation of these Terms, however it retains the right and may at any time, discontinue or modify this Site or any part thereof, or may discontinue or modify your use of this Site, with or without notice to you at any time.

You agree that you do not have any rights in this Site and that Phenix will have no liability to you if this Site is modified, discontinued, or your ability to access it is terminated. If you do not agree to these Terms, immediately discontinue your use this Site.

Phenix Content
All content on this Site, including art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("Content") is the property of either Phenix or the third-party owner thereof and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. For information about content posted by Users, please refer to Ownership of User Content and License Thereto below. Content of third parties, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third party that markets or licenses that Content, and is used by Phenix subject to license or subject to the fair use provisions of U.S. copyright or trademark law.

Phenix assumes no responsibility regarding the accuracy of the Content and use of such Content is at your own risk. Phenix provides no assurances that any reported inaccuracies in any Content can or will be resolved. By furnishing the Content, Phenix does not grant any licenses to any copyrights, patents or any other intellectual property rights. You agree not to display or use any Content in any publications, in public performances, for any commercial purpose, in connection with products or services that are not those of Phenix, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Phenix and/or its licensors, that dilutes the strength of Phenix's or its licensor's property, or that otherwise infringes Phenix's or its licensors' intellectual property rights. You further agree to in no other way misuse any Content.

Posting Rules
In the "Contact Us" area of this Site, you may submit certain information that we request in order for Phenix to contact you, such as your first and last name, e-mail address, and mailing address ("User Content"). Phenix's treatment of User Content is subject to the terms of its Privacy Policy. Your posting of User Content is subject to these Terms and the following posting rules ("Posting Rules"). Users found in violation of these Posting Rules or the Terms may have their Accounts terminated by Phenix, or may otherwise have their access to the Site restricted by Phenix.

No Violations of Third Party Rights:
You agree you will not submit to Phenix User Content that contains incomplete, false or inaccurate biographical information or information which is not your own. Furthermore, you will not post any User Content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party. o

No Viruses, Corrupting Files:
You agree that you will not post any software, files, or links to other sites except as may be specifically permitted by Phenix, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. Ownership of Posted Content and License Thereto After posting your User Content to this Site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein ("User Content License").

Scope of License:
By submitting User Content to Phenix, you hereby grant to Phenix a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content. o Representations: You represent and warrant that you own the User Content submitted by you and otherwise have the right to grant the license set forth herein, and the submission of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content displayed, published or posted by you to the Site. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on this Site.

Indemnification
You agree to indemnify and hold Phenix, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of these Terms, including the Posting Rules, or any violations thereof by your dependents.

Privacy/Children
Children under the age of 13 are not permitted to submit information to Phenix in the "Contact Us" section of this Site. Please read our Privacy Policy for more information about our information collection and use practices.

Global Availability
The Content may contain references or cross references to Phenix products, programs and services that are not announced or available in your country. Such references do not imply that Phenix intends to announce such products, programs, or services in your country. Consult your local Phenix business contact for information regarding the products, programs, and services that may be available to you.

Third Party Websites
This Site may hyperlink to sites not maintained or related to Phenix. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Phenix, and Phenix makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and Phenix has no control over how your information is collected, used, or otherwise handled. In addition, a link to a non-Phenix website does not mean that Phenix endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever website you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Representations, and Limitations of Liability
Phenix makes no representations about the reliability of the features of this Site, the Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Phenix makes no representations regarding the amount of time that any Content or User Content will be preserved. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE HEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PHENIX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY HYPERLINKED SITE, NOR SHALL PHENIX BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PHENIX'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES AND EVEN IF PHENIX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PHENIX'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous
Both you and Phenix acknowledge and agree that no partnership is formed and neither of you nor Phenix has the power or the authority to obligate or bind the other. This Agreement will be governed by and construed in accordance with the internal laws of the State of California and that any claim with respect to the Site or these Terms shall be brought in the federal or state courts sitting in the Central District of California. You agree to submit to the jurisdiction of these courts. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms constitute a binding agreement between you and Phenix, and is accepted by you upon your use of the Site. These Terms constitutes the entire agreement between you and Phenix regarding the use of this Site.

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