TERMS & CONDITIONS:
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, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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.
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 – 2020
© 2017 – 2020 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.
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
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 [email protected]
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.
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 offeremployment 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 [email protected] 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.
The Processing of Personal Data shall soley 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
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 (COLLECTIVLEY; 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 [email protected] 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.
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;
© 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;
© 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 Europian 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 ©(1)© 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 practises 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 worksdeemed 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 permanantly 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) articels of established legal doctrine related and refering to ‘Abandonware’including precedents in any recogonised judical 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 outlinedabove 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 enquiries about abandonware or the practise of ‘fair-use’ policies please contact us at [email protected]
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
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 Europian 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 Europian 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 Europian Union and the country in which you are located.
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.
“This License” or ‘Agreement’refers to version 3 of the GNU General Public License.
“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”reffers 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 inwhich 1 party recieves an item or currency from the other party with nothing returned in exchange based on the agreement inwhich the involved parties agree on the relinquishment of the items or currencys 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 practised 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’ reffers 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