Terms of service

  1. Acceptance of These Terms

    These Terms of Service (“Terms”) apply to your access to and use of the websites and other online or cloud-hosted products and services provided by PhenixP2P, Inc. (“Phenix,” “our,” or “we”), including its PCASTTM real-time content streaming video service (collectively, our “Services”). BY CLICKING ACCEPT OR BY ACCESSING OR USING ANY OF THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 15, DO NOT ACCESS OR USE THE SERVICES.

  2. Who May Use the Services

    You must be at least 13 years of age to access or use our Services. The Services are not intended for anyone under the age of 13 and if you are under the age of 13, you are not permitted to use the Services. Also, if you are between the ages of 13 and 18, you must have your parent or guardian read these Terms and agree to be bound by them. If you don’t get your parent or guardian to read and agree to this, you don’t have permission to use the Services.

    If you are a parent or legal guardian of a user between the ages of 13 and 18 (or the age of legal majority) granting your child permission to use the Services, then you agree to be fully responsible for the acts or omissions of such user in connection with our Services.

  3. Privacy

    Please refer to our Privacy Notice at www.phenixrts.com for information on how we collect, use, and disclose information about you.

  4. Use Rights

    Subject to your compliance with these Terms, Phenix grants you the non-exclusive right to access and use the Services for your personal, non-commercial purposes. The right includes the ability to view content made available through the Services by third parties.

  5. Third-Party Materials

    Our Services make available to you content from third-party providers (“Third-Party Content”), and your ability to access the Services may be enabled by software and other technology developed by third parties (such software and technology collectively with Third-Party Content being “Third-Party Materials”). You acknowledge that Phenix does not own, create, or control the Third-Party Materials and that the Third-Party Content delivered to you by the Services may include content that is objectionable to you. Without limiting the foregoing, we do not control, endorse, or take responsibility for any Third-Party Materials made available on or linked to by our Services. Phenix disclaims any responsibility or liability in connection with your use or inability to use any Third-Party Materials.
  6. Acceptable Use

    You may only use the Services in accordance with this Agreement. In connection with your use of the Services, you will not: (a) infringe on, violate, dilute, or misappropriate the intellectual property rights of any third party or any rights of publicity or privacy; (b) interfere with or attempt to interfere with or disrupt the integrity, security, functionality, or proper working of the Services; (c) attempt to discover, access, read, alter, destroy, or damage any programs, data, or other information stored on or in connection with the Services; (d) sell, resell or commercially use our Services or Third-Party Content; (e) copy, reproduce, or distribute Third-Party Content; (f) use our Services or Third-Party Content other than for their intended purposes. Any use of our Services or Third-Party Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate your use rights.

  7. Prohibited Conduct

    You are solely responsible for your conduct while accessing or using our Services. You will not:

    • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
    • Reverse engineer, decompile or disassemble our Services or otherwise attempt to do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
    • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
    • Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
    • Perform any testing or benchmarking relating to the performance of our Services;
    • Use any data mining, robots or similar data gathering or extraction methods; or
    • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
  8. Feedback

    Any questions, comments, suggestions, ideas, original or creative materials or other information you provide about Phenix or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Phenix. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  9. Copyright Complaints

    We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify our Designated Agent in writing with the following information (please see 17 U.S.C. §512(c)(3) for further detail):

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    • You may direct copyright infringement notifications to our DMCA Agent at: 20 W Kinzie St., Chicago, IL 60654, email: legal@phenixrts.com

    Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Phenix for certain costs and damages.

  10. Our Intellectual Property

    Our Services and the trademarks, trade names, service marks, logos, slogans and other content contained therein other than Third-Party Content (collectively, the “Phenix Content”) are owned by or licensed to Phenix and are protected under both United States and foreign intellectual property laws. Except as expressly stated in these Terms, Phenix and our licensors reserve all rights in and to our Services and the Phenix Content, and you are not granted any other rights under our intellectual property, whether by implication, estoppel or otherwise. You may not modify any Third-Party Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services, Phenix Content, or Third-Party Content.

  11. Indemnification

    To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Phenix, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Phenix Parties”) from and against any loss, liability, claim, demand, damages, expenses, or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your conduct in connection with our Services. You will cooperate with Phenix Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Phenix Parties will have control of the defense or settlement of any third party Claims. This indemnity obligation will survive these Terms and your use of the Services.

  12. Disclaimers

    YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, AND PHENIX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, IMPLIED OR THROUGH COURSE OF DEALING, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, PHENIX DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES AND ANY THIRD-PARTY MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, OR FREE OF INTERRUPTION. WHILE PHENIX ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE AND SECURE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. PHENIX DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS.

  13. Limitation of Liability

    NONE OF THE PHENIX PARTIES WILL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS OR LOST OPPORTUNITY RESULTING FROM ANY (I) ERRORS, MISTAKES, INACCURACIES, OR INABILITY TO RECEIVE OR VIEW CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGES OF ANY NATURE RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO AND FROM SERVERS USED TO DELIVER ANY CONTENT, EVEN IF ANY OF THE PHENIX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  14. Transfer and Processing Data

    By accessing or using our Services, you consent to the processing, transfer and storage of information about your use of our Services in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

  15. Dispute Resolution; Binding Arbitration

    Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Phenix and limits the manner in which you can seek relief from us.

    Except for disputes in which you or Phenix seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Phenix waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Los Angeles, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

    You and Phenix agree that any dispute arising out of or related to these Terms or our Services is personal to you and Phenix and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

    You and Phenix agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. All disputes between Phenix and you will be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, consolidate more than one individual’s claims, or preside over any proceeding involving more than one individual, all of which are prohibited by these Terms. You and Phenix agree that for any arbitration you initiate, you will pay the filing fee and Phenix will pay the remaining JAMS fees and costs. For any arbitration initiated by Phenix, Phenix will pay all JAMS fees and costs. You and Phenix agree that the state or federal courts of the State of Illinois and the United States sitting in Chicago, Illinois have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

    ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND PHENIX WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

    have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 15 by sending a written letter to legal@phenixrts.comthat specifies (i) your name, (ii) mailing address, and (iii) your request to be excluded from final, binding arbitration procedures specified above. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 16.

  16. Governing Law and Venue

    These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Illinois, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook County, Illinois.

  17. Changes to these Terms

    Because we continuously work to enhance and modify our Services to improve the user experience, we may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also send you additional notice, such as by sending an email notification to the address associated with your account or by providing notice through our Services. Unless we say otherwise in our notice of changes, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

  18. Support

    If you have any questions about these Terms or the Services, please contact us at legal@phenixrts.com.

  19. Export Compliance

    All or part of our Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You agree to abide by all Export Controls as they relate to your access and use of our Services. You may not access or use our Services if you are located in a jurisdiction where the provision of our Services is prohibited by law (a “Prohibited Jurisdiction”). You represent and warrant that: (a) you are not named on any U.S. government list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) you are not a national of, or a company registered in, any Prohibited Jurisdiction; and (c) you will comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you are located.

  20. Termination

    We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

  21. General

    These Terms constitute the entire agreement between you and Phenix relating to your access to and use of our Services. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The failure of Phenix to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Phenix drives revenue

With faster time to first frame and Real-Time streaming, you have more interaction, which leads to increased engagement that drives revenue. Find out how we can take your business to the next level.

Learn More
Contact Us