Copyright. The content of the Site, including all text, images, software, audio and video, links, as well as any such combination and/or compilation of the same (but excluding any content uploaded by you) (collectively referred to herein as "Materials"), is the property of Fenix and is protected by U.S. and international copyright laws. Neither the Site nor the Materials may be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of Fenix. No use of Materials on this Site is allowed except as expressly stated herein. Some Materials may be copyrighted by Fenix’s suppliers, licensees, and affiliates. Copyright law also applies to other companies' advertisements or information presented on this Site.
Your Content and Submissions.
- You further agree that content you submit to the Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights (including intellectual property, name, and likeness, and privacy/publicity rights), unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material.
- You further agree that any content submitted to Fenix for use via the Site shall not contain content or engage in activities (and shall not frame, link to, advertise, or otherwise endorse any other website or media that contains content or engages in activities) that (i) is or are unlawful, harmful, threatening, defamatory, obscene, harassing, or discriminatory; (ii) depict(s) sexually explicit images; (iii) promote(s) violence, discrimination, or illegal activities; (iv) advertise(s) alcohol, tobacco, firearm,s or other similarly objectionable products; (v) endorse(s) any religious or political cause or candidate; or (vi) is or are intentionally derogatory or denigrating.
- You understand that by using the Site you may be exposed to content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Site at your own risk.
Trademarks. FenixTM and Fenix Entertainment Group, LLC are the trademarks of Fenix (“Fenix Trademarks”), within the United States as well as in other countries. Without Fenix’s prior permission, you agree not to display or use the Fenix Trademarks, in any manner. The Fenix Trademarks may be reproduced or used but only with Fenix’s written permission and with proper acknowledgement. All other trademarks, Site marks, product and Site names, and company names or logos that appear in the Site are the property of their respective owners.
Registration. While registration is not required to access and use the Site, Fenix requires registration of users who wish to use certain Site functions (such as uploading and protecting content). Fenix requires your true name and identifying information for registration via the Site. For sites where Fenix does not require your true name or any identifying information, you agree not to choose a name that misleads or misidentifies you as another person, company or is confusingly similar to any products, Sites, trademarks, or is indecent or otherwise offensive. If you choose to use your own name, you consent to it being passed to others by certain functionality and uses of the Site. Fenix reserves the right, in its sole discretion, to remove any user for any reason at any time.
Age of Users.
Privacy. By using this Site, you signify your ongoing and continuing consent to the Fenix Privacy Statement (“Privacy Statement”). Personal information that you supply to Fenix, and any information about your use of the Site that Fenix obtains will be subject to the Privacy Statement contained within this Site. In addition, any Fenix email addresses are provided solely for user queries relating to Fenix. The capture of Fenix emails for use with unsolicited email is not permitted.
This Site and its contents are solely for your own personal non-commercial use. Beyond such personal non-commercial use, you may not copy, transmit, publish, distribute, display, or in any other way exploit the Site and/or the Materials at any time. You may not use this Site or Materials to solicit the performance of any illegal activity or other activity which infringes the rights of Fenix, or others. You may not use or export or re-export any Materials or any copy or adaptation of such Materials, or any product or Site offered via the Site, in violation of any applicable laws or regulations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or with any other person's use of the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, by hacking, password "mining", or any other illegitimate means.
Fenix Links. For your convenience only, Fenix provides certain links within the Site to other web sites operated by third parties. Fenix exhibits no control over such third party websites and is not responsible for their content or the privacy practices thereof. Fenix makes no representations or warranties and accepts no responsibility for the quality, content, nature, or reliability of any third party web site or site accessible by hyperlink from the Site. You agree that Fenix will not be responsible or liable for any loss or damage incurred as the result of the foregoing.
Framing and other Technology Restrictions.
Fenix’s express written permission is required before embedding Fenix pages in "frames" running from other sites. You also may not, without our prior written permission, "mirror" any content or Materials contained on this Site or any other server.
You agree to defend, indemnify, and hold harmless Fenix and affiliated companies (including our respective employees, contractors, officers, directors and agents, co-branders or other partners), from all liabilities, claims, and expenses, including attorney’s fees, that arise from any claim or demand, made by any third party due to or arising out of your use of the Site or your content that you submit to the Site. Fenix reserves the right, at Fenix’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Fenix in asserting any available defenses.
Disclaimer of Warranties.
THE SITE AND THE MATERIALS ARE PROVIDED BY FENIX ON AN "AS IS" AND "AS AVAILABLE" BASIS. FENIX MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SITES INCLUDED IN THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FENIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FENIX MAKES NO REPRESENTATION OR WARRANTY THAT THE MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SUBJECT TO CORRECTION, OR ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR MATERIALS AVAILABLE FROM THE SITE ARE FREE OF ANY HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability.
IN NO EVENT WILL FENIX BE LIABLE TO YOU, OR TO ANY PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE, OR USE OF THE SITE OR SITES OFFERED HEREUNDER. FENIX’S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, SHALL IN NO EVENT BE GREATER THAN TEN DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Changes to Site.
Fenix reserves the right, in its sole discretion, of which Fenix may choose to do at any time and from time to time, to modify or discontinue, whether temporarily or permanently, the Site, or the content thereof, with or without notice. Fenix reserves the right to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You agree that Fenix will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Applicable Law, Jurisdiction and Claims.
Copyright Complaints. Fenix respects your intellectual property rights as well as the rights of other third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please e-mail Fenix at the following address: firstname.lastname@example.org. For further information please read our Copyright Infringement Policies and Procedures.
Notice to You. You agree that Fenix may provide notice to you and other information concerning this Site electronically, including any notice to any email address supplied by you.
Fenix Entertainment Group, LLC
919 4th Street
San Rafael, California 94901
Revision Date: February 1, 2013
Copyright © 2013 Fenix Entertainment Group, LLC. All rights reserved.