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TERMS & CONDITIONS:

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0. DISCLAIMER;

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BECAUSE THEY
DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE
OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING
AGREEMENT BETWEEN YOU AND US, PHOENIX NETWORK , REGARDING YOUR USE
OF OUR WEBSITE(S) AND OTHER SERVICES.

IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR
TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR
WEBSITE AND OTHER SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE
AGREEING TO EVERYTHING IN OUR TERMS OF USE.

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 OR THAT DEFECTS WILL BE
CORRECTED. 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.

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i) Foreword

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.

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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 – 2022

© 2017 – 2022 Phoenix Network Inc. All Rights Reserved.

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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.

All Content on the Services is protected by applicable copyright and IP
laws.

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.

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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

All Content on the Services is protected by applicable laws.

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
administration@phoenixnetwork.net

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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.

While utilizing the Services, you may not:

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 offer employment 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.

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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:

  1. Restrict, suspend, or terminate your access to all or any part of our Services;

  2. Change, suspend, or discontinue all or any part of our Services;

  3. Refuse, move, edit or remove any Material for any reason;

  4. Refuse, move, edit or remove any Content that is available on the Services;

  5. Deactivate or delete your account(s) and all related information and files in your
    account(s);

  6. 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;

  7. 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;

  8. 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.

 Phoenix Network
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 administration@phoenixnetwork.net 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.

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Anti-cheat framework and Metadata
(see privacy policy)

Phoenix network also enforces strict anti-cheat/server protection protocols which
access resources on an end-users local machine where phoenix network is connected
to, like memory and process load or network packets to detect changes or unauthorized
modifications of official phoenix network modules and if necessary activate network
safety protocols remotely in the interest of preserving service integrity and stability of
services this is activated from stored metadata in the end users local device and any
data utilized by Phoenix network and it's divisions is hashed and is protected under
GFPD international data policy in accordance with the privacy policy outlined in this
agreement.

The Processing of Personal Data shall solely 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 Regulations") .

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7. Endorsement

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 (COLLECTIVELY; 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.

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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
administration@phoenixnetwork.net 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.

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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.

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10. Indemnification

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:

  1. Your use of, or connection to, our Services;

  2. Any use or alleged use of your accounts or your passwords by any person, whether
    or not authorized by you;

  3. The content, the quality, or the performance of Material that you submit;

  4. Your violation of the Agreement or the Phoenix Network Terms and Conditions;

  5. Your violation of the rights of any other person or entity; or

  6. 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

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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;

(c) 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

(c) 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
European 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 (c)(1)(c) 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.

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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 practices 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 works deemed 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 permanently 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) articles of established legal doctrine related and referring to  ‘Abandonware’
including  precedents in any recognized judicial 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 outlined above 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 inquiries about abandonware or the practice of ‘fair-use’
policies please contact us at legal@phoenixnetwork.net

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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

legal@phoenixnetwork.net

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.

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14. International Use

We make no claims that any Material, Services or any Content is appropriate or may be
downloaded outside of the European 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 European 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 European Union and the country in which you are
located.

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15. GDPR - General Data Protection
Regulation

Phoenix Network is committed to protecting the privacy and security of your Personal
information and data. The informatie that you share allows us to provide you the best
experience within our products and services.

[ TO BE INSERTED]

If you have any questions, or want to edit, view or delete any of the above mentioned
sources please contact our DPO at:

administration@phoenixnetwork.net  or mitch@phoenixnetwork.net

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16. Miscellaneous

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.

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16. Miscellaneous

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.

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16. Definitions

“This License” or ‘Agreement’ refers to this document and any part of it.

“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”refers 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 in which 1 party receives an
item or currency from the other party with nothing returned in exchange based on the
agreement  in which the involved parties agree on the relinquishment of the items or
currency's 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 practiced 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’ refers 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

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