The Fenix Entertainment Group, LLC (“Fenix”) website and all of its related web pages and locations (collectively referred to and taken together as the “Site”), provides information with respect to Fenix’s businesses and products. Therefore, the following terms and conditions (“Terms of Use”) between Fenix and you (“Agreement”) govern your use of the Site and the materials accessible on or from the Site.
BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE AND THE FENIX PRIVACY STATEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Features and information intended for registered users of the SITE are NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE.

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 retain all of your ownership rights in your content submitted to the Site by you. However, by submitting content to Fenix, you hereby allow Fenix to use, reproduce, distribute, display, and perform the content solely as necessary in connection with the Site. If you share your content with other users via the Site, you acknowledge other users may use, reproduce, distribute, display, and perform such content as permitted through the functionality of the Site and under these Terms of Use. You understand and agree, however, that Fenix may remove your content upon termination (as set forth in Section 15 below), or pursuant to violations of applicable law or upon receipt of a notice of infringement or improper use from a third party stating such violation.
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, firearms, 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. 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

Features and information intended for registered users of the Site are not for use by children under 13 years of age. Parents and legal guardians may not agree to these Terms of Use on their children’s behalf. If Fenix becomes aware that a child under 13 has provided or attempted to provide Fenix with personal information, Fenix will use best efforts to remove the information permanently from Fenix’s files. If you are between the age of 13 and 18 years old, you may use this Site, but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between 13 and 18 years old, be advised that you are fully responsible for his or her use of this Site and any and all legal liability that he or she may incur.

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.

Non-Commercial Use

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, 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.

Your Links

You can link to our Site and include our logo in your link provided you agree to cease such link upon request from Fenix. This right is contingent on your compliance at all times with these Terms of Use. You may not otherwise publish, copy, reproduce, distribute, or otherwise use any Fenix Trademark, logo, or graphics on external sites or in any other medium or form.

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.

Indemnification

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 EXPRESSED 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, EXPRESSED 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 EXCLUSIONS 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.

Changes to Terms of Use

Fenix reserves the right, in its sole discretion, to change or modify the Terms of Use, whether in whole or in part, without notice. If Fenix changes the Terms of Use, Fenix will post such new terms in the Site and any such changes or modifications will become effective upon posting. Your access to and use of the Site, following the posting of any such changes or modifications, will constitute your acceptance of the Terms of Use as revised.

Applicable Law, Jurisdiction, and Claims

THIS TERMS OF USE AGREEMENT IS MADE UNDER, AND WILL BE CONSTRUED ACCORDING TO, THE LAWS OF THE STATE OF CALIFORNIA, U.S.A. The parties agree that the Uniform Computer Information Transactions Act (or any statutory implementation of it) and the United Nations Convention on Contracts for the International Sale of Goods will not apply with respect to this Agreement or the parties’ relationships. Subject to the last sentence of this section, any claim, dispute, or controversy arising out of or relating to this Agreement shall be resolved by arbitration in accordance with the provisions of the commercial or business rules of the American Arbitration Association. The arbitration shall be held in Marin County, California. Notwithstanding the foregoing, a party may seek preliminary judicial relief (such as a preliminary injunction) from the state courts in Marin County, California, and the federal courts in Alameda County, California, if, in its judgment, such action is necessary to avoid irreparable damage, and such courts shall have exclusive jurisdiction and venue over all matters relating to such preliminary relief.

Termination

Fenix expressly reserves the right to terminate your use of this Site in the event that you violate the Terms of Use, any rules or guidelines posted on this Site, any applicable federal, state or local laws, or for any other reason that Fenix shall determine in its sole discretion.

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 email Fenix at the following address: legal@fenixlive.com. 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.

General Provisions

You agree to comply with all applicable laws and regulations. The terms and conditions set forth herein constitute the entire agreement between you and Fenix. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If, for any reason, a court of competent jurisdiction finds any provision of this Terms of Use, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Terms of Use will continue in full force and effect.

QUESTIONS?

If you have any questions about these Terms of Use, please contact:
Fenix Entertainment Group, LLC
919 Fourth Street
San Rafael, California 94901
legal@fenixlive.com