Terms of Service
Last Updated April 2019
Welcome to Phoenix
Phoenix is not targeted toward, nor intended for use by, anyone under the age of 13. You must be at least 13 years of age to access or use Phoenix. If you are under 13 years old (or the age of legal majority where you reside), you may only access or use Phoenix under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
3. Account Registration, Usage & Security
A. In order to access some of the services of the Site, you will have to create an account. By creating an account, you agree to the following: 1) Create a strong password that you do not use for any other website or online services, 2) Provide accurate and truthful information, 3) Maintain and promptly update your account information, 4) Strictly maintain the security of your account at all times by protecting your account credentials, limiting access to your computer and your account, enabling 2FA password protection, properly logging off the Site at the end of every visit, and ensuring that your account credentials are not compromised.
B. Access to individual user accounts are only allowed by the person/entity whose name the account is registered under. Should Phoenix suspect or determine (at its sole discretion) that a user account is being used or manipulated by someone (or something) other than an authorized user, Phoenix has the right to suspend or cancel the account. In such instance, Phoenix will not be liable for any damage or loss arising from the unauthorized use of your account.
C. Phoenix uses best efforts to maintain the security of the Site by implanting standard security standards and protections for its Services. However, Phoenix cannot guard against risks that are created by individual user actions or negligence. You are solely responsible for safekeeping your account access and log-in information and for all activity that occurs on your account. You agree to, at all times, keep such information confidential and not disclose to any third party. Further, you agree to promptly notify us if you discover or otherwise suspect any security breaches related to your account. You may not use another user's account without permission and should guard against any unauthorized use of your account to avoid any loss or issues with your account. Any delay or loss that you incur as a result of your own actions (directly or indirectly), negligence, omission, or actions of unauthorized users in connection to accessing your account is your sole liability. Phoenix is not responsible for any compensation, liability, or damages for such loss.
4. Trademarks and Copyright
The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, graphics, photos, sounds, videos, interactive features, services, links, and any other content on the Site (“Content”), and the trademarks, service marks, and logos contained therein are the property of Phoenix and its third-party licensors, partners, or providers. You may access and use the Content and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use. You acknowledge that you do not acquire any ownership rights by using the Site. You acknowledge and agree that Phoenix shall not be held responsible for the legality or accuracy of any Content, services, or information located on our Site or any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
“Phoenix”, “PHX”, the Phoenix and Phoenix logos, and any other products or service names, logos or slogans that may appear on the Site in relation to Phoenix’s Services are trademarks of Phoenix and may not be copied, imitated or used, in whole or in part, without our express, prior written permission. Content, trademarks, and other materials mentioned or used on Phoenix that are the property of third parties may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
5. User Conduct and Submission
When accessing or using the Services, you agree that you will not commit any unlawful, negligent act, and that you are solely responsible for your conduct while using our Services. Any loss that you incur during the use of the Services (which is not directly and intentionally caused by Phoenix) is your sole liability and Phoenix is not responsible for any compensation, liability, or damages for such loss. In connection with your use of the Site and its Services, you agree not to: 1) Use our Services in any way that could negatively affect, interfere with, or disrupt other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner; 2) Use the Site for unlawful purposes; 3) Infect the Site and Services with any virus of other harmful materials; 4) Modify, hack, adapt, data mine, sublicense, harvest, sell, reverse engineer, decompile or disassemble any portion of the Site, its Contents, or the assets and/or properties therein; 5) Express or imply that any statements you make are endorsed by us, without our prior written consent; and 6) Encourage, induce or imply to any third party to engage in any of the activities prohibited under this section. The use (actual, attempted, or encouraged) of automated systems or software to extract data from the Site by the use of any robot, spider, crawler, scraper, or other automated means or interface for non-personal and/or commercial purpose is prohibited unless Phoenix has provided prior explicit written permission.
You also agree to comply with all applicable laws, rules, and regulations in connection with your use of the Site and the contents therein.
6. Notices and Service Messages
You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
7. Your License to Phoenix
As between you and Phoenix (and where applicable), you own the content, data and information that you submit to the Services and you are only granting Phoenix and our affiliates the following non-exclusive license: A royalty-free, perpetual, worldwide, irrevocable, fully transferable and sublicensable right and license to use, reproduce, modify, adapt, distribute, publish, translate, create derivative works from, perform and display (in whole or in part), incorporate any of your content now or in the future and in any media formats and through any media channels, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. If you are a Contributor to Phoenix, you also agree to abide by the Contributor Agreement which you signed and agreed to during your onboarding process.
You confirm and warrant to Phoenix that you own the copyright in each of your submitted content and/or have all the necessary legal rights, power and authority necessary to grant the above license and rights. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). Phoenix retains the right to remove access to user content that is deemed to be infringing the copyright of others. Phoenix may also be required by applicable law to remove certain information or content in certain countries that is deemed to be infringing the copyright of others.
If you become aware of Content on Phoenix that infringes your copyright rights, please contact us at [email protected] and provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed and a description of where the material that you claim is infringing is located on the site (including the web page addresses of the locations where the copyrighted work exists or a copy of the copyrighted work);
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information submitted by you is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
- Your contact information where we can best reach you (address, telephone number, and email address).
8. Fees for Using Phoenix Services
Phoenix currently charge varying degrees of fees for our services. Any applicable fees will be communicated to you be prior to you using any service to which a fee applies. If you purchase any of our paid services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid services. Failure to pay these fees will result in the termination of your Premium Services.
If you publish content such as research notes, data or translation, you may be compensated in PHX tokens recorded and stored in your account which you may use to gain access to more Phoenix content (“Tokens”). Depending on the law in your jurisdiction and under applicable court order or equivalent ruling, your account history including Token transactions may be subject to applicable tax and disclosure.
9. No Investment Recommendations or Professional Advice
The contents of this Site are for informational purposes only. The Site is not intended to provide investment advice, and nothing in the Services should be construed as investment advice, a solicitation or counsel for investment in any fund or product mentioned thereof, or recommendation for any security by Phoenix or any third party. The information distributed on the Site does not constitute or form part of, and should not be construed as, any offer for sale or subscription of any fund or product included herein.
Users of Phoenix’s Services are solely responsible for determining whether any investment, security, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. The contained information has been verified to the best of Phoenix and its research affiliate’s ability, but neither can accept responsibility for loss arising from the decisions users make based upon this website.
10. No Liability for Third-Party Services and Content
11. Disclaimer of Warranties
The Site and any products or services obtained or accessed therein is provided “AS IS” and without representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Phoenix, its officers, directors, employees, affiliates, contributors, vendors, advertisers and agents disclaim all warranties, express, implied or statutory, including, but not limited to, warranties of title and non-infringement, implied warranties of merchantability and fitness for a particular purpose, an all warranties relating to the adequacy, accuracy or completeness of any information on our Site.
Phoenix and its affiliates, contributors, agents and sponsors do not warrant that your use of the Site will be uninterrupted, error-free or always secure, or that the Site or the servers on which the Site is hosted are free of viruses or other harmful components. You assume total responsibility and risk for your use of the Site and your reliance thereon. No opinion, advice, or statement of Phoenix or its affiliates, contributors, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
12. Limitation of Liabilities
Neither Phoenix or its affiliates and their responsive officers, directors, employees, contributors, advertisers, agents and sponsors are liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or any content contained therein, or any product or service used or purchased through Phoenix. Your sole remedy for dissatisfaction with the Site is to stop using it. The sole and exclusive maximum liability to Phoenix for all damages, losses, and causes of action (whether in contract, tort, negligence or otherwise) shall not exceed the total amount paid to us by you, if any, for access to the Site or any Services, during the previous Six (6) months prior to bringing the claim.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
13. Modification, Suspension, Discontinuation, or Termination of Services
We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue temporarily or permanently, any features or portions of our Services. We may also suspend or terminate your access to the Services at our sole discretion, immediately and without prior notice, and delete or deactivate your account and all related information and files in such, including, for instance, in the event you breach any term of these Terms, or in response to requests by law enforcement or other government or regulatory authorities. You are responsible for storing, outside of our Services, a backup of any information that you maintain in your account. In the event of termination, your access to the items on your account will depend on your backup of your account data.
All the things you do on Phoenix remain your responsibility. As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Terms, (b) your use of the Site, and (c) your violation of the rights of, or damage to, any third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
You may submit suggestions, questions, comments and other information regarding Phoenix (“Feedback”). You acknowledge and agree that Feedback is non-confidential and will become the sole property of the Phoenix. Phoenix shall own exclusive rights, including, without limitation, all intellectual property rights in and to such Feedback and is entitled to the unrestricted use and dissemination of this Feedback for any purpose without acknowledgement or compensation to you.
Except for disputes in which you seek to bring an individual action in small claims tribunal or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you: (a) waive your right to have any and all disputes or claims arising from these Terms or Phoenix (collectively, “Disputes”) resolved in a court; and (b) waive your right to a jury trial. Instead, you and Phoenix will arbitrate Disputes through binding arbitration administered by the Hong Kong International Arbitration Center under the Hong Kong International Arbitration Center Administered Arbitration Rules in force when the Notice of Arbitration is submitted. You agree 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 agree not to bring a class arbitration or an arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and Phoenix agree that a dispute cannot be brought as a class, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
17. Applicable Law and Venue
These Terms and your access to and use of the Phoenix Site and the Content therein will be governed by, and construed in accordance with, the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”), without resort to its conflict of law provisions. To the extent any provisions in the Terms do not apply and the Dispute cannot be heard in small claims tribunal, you agree that any action at law or in equity arising out of, or relating to, these Terms shall be filed only in Hong Kong and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
If any term, clause or provision of these Terms is deemed to be unlawful, void or for any reason unenforceable, then that term, clause or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
19. Changes to the Terms
If we make changes to these Terms, we will provide notice of those changes by updating the “Last Updated” date above or posting notice on our website. We reserve the right at any time to: 1) Change the Terms, 2) Change the contents in our Services, including eliminating or discontinuing any content or feature on the Site, or 3) Impose fees, charges, or other conditions for use of the Services or parts thereof with reasonable notice. Your continued use of our Services will confirm your acceptance of the changes. Phoenix may modify the Site at any time without prior notice, and you accept those modifications if you continue to use our Services.
20. Contacting Us
Please also feel free to contact us at any time if you have questions about these Terms or the information practices of the Services. You may reach us at [email protected].