AGREEMENT BETWEEN USER AND CYBER PHOENIX
The Phoenix Technology Solutions, LLC DBA Cyber Phoenix (“Cyber Phoenix ”) Web site is comprised of various web pages operated by Cyber Phoenix (“Sites”). Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your accessing or use of the Sites constitutes your agreement to all such terms, conditions, and notices.
Cyber Phoenix provides a personalized subscription-based service that allows you to access certain websites with video recordings, in the form of videos (“Learning Video”), research paper, blogs, webinar and any other online learning material which are applicable to the members to continue the path of learning in the fields of Management, Information Technology and Cybersecurity.
Your membership for the Cyber Phoenix Services will be as follows:
(b) Premium Membership (“Cyber Phoenix Premium”): The Cyber Phoenix Premium package offers unlimited access to a library of courses based on Cyber Phoenix Content at monthly or yearly pricing (discount may apply) and such pricing is subject to change from time to time (hereinafter referred to as “Premium Membership”). You may manually opt out of the Premium Membership at any time. However, you shall retain access to the Service for the remainder of the term for which you made the payment.
To use the Cyber Phoenix Service and/or Cyber Phoenix content under any membership program, you must have an internet enabled device with web browser and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your annual/monthly billing date in case of Premium Membership and/or any other billing date as agreed in the Corporate Membership, you authorize us to charge your next year’s/month’s membership fee to your Payment Method (see “Cancellation” below).
We may offer several other membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. For combinations with other offers, restrictions may apply.
Cyber Phoenix reserves the sole right to determine your eligibility for the subscription or usage of the Cyber Phoenix Services and/or Cyber Phoenix Content. If Cyber Phoenix believes that you do not qualify for the subscription or usage of the Cyber Phoenix Services and/or Cyber Phoenix Content, Cyber Phoenix may terminate, suspend and/or restrict your access to the Cyber Phoenix sites with or without notification.
BILLING AND CANCELLATION
Billing Cycle for Premium Membership: The membership fee for the Premium Membership and any other charges you may incur in connection with your use of the service, such as withholding taxes or other taxes and possible transactional and administrative handling fees, will be charged annually and/or monthly to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. For the purpose of clarity, the membership fee is exclusive of all taxes and charges. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and go to your user settings page to see your next payment date.
Payment Methods for Premium Membership: To use the Premium Membership, you must provide one or more Payment Methods. You can update your Payment Methods by visiting our website and going to your user settings. We may also update your Payment Methods using information provided by the payment service providers. Following an update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge the Payment Method(s) associated to your account for payment of your subscription fee and/or any other fees such as administrative and handling fees and taxes such as withholding or otherwise, applicable for any Cyber Phoenix Services or Cyber Phoenix Content that you use and/or access. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
Cancellation and Refund: You can cancel your Cyber Phoenix Premium membership at any time, and you will continue to have access to the Premium Membership through the end of your annual and/or monthly billing period. To the extent permitted by the applicable law, payments are non-refundable except for annual billing period in which case, Cyber Phoenix may, at its discretion, refund the payment subject to deducting applicable charges such as handling or administrative charges, as applicable, to you provided the request for refund has been made within thirty (30) days from the date of purchase of such Cyber Phoenix Premium membership. Further, we do not provide credits for any partial-month membership periods or unused Cyber Phoenix content. To cancel, write an email to Cyber Phoenix at email@example.com from your email ID registered with Cyber Phoenix services. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “My Subscription” page. If you signed up for Premium Membership using your account with a third party as a Payment Method and wish to cancel your Cyber Phoenix membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew or unsubscribing from the Premium Membership through that third party. You may also find billing information about your Cyber Phoenix membership by visiting your account with the applicable third party.
Billing, Enrollment and Cancellation for Corporate Membership: The enrolling procedure, billing cycle and the procedure to opt out of Corporate Membership shall be subject to separate terms and conditions and/or agreement.
Changes to the Price and Subscription Plans: We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to our subscription plans will apply to you no earlier than 30 days following notice to you.
CYBER PHOENIX SERVICES AND CONTENT
You must be 18 years of age, or the age of majority in your province, territory or country, to become a subscriber of the Cyber Phoenix services.
The Cyber Phoenix Services, Cyber Phoenix Content and any content viewed through the service are for your personal and non-commercial use only and may not be shared with any third party for any reason whatsoever. During your Cyber Phoenix membership, we grant you a limited, revocable, non-exclusive, non-transferable right to access the Cyber Phoenix Services and view Cyber Phoenix content. Except for the foregoing, no right, title or interest shall be transferred to you either expressly or by implication or by estoppel. You agree not to use the service for public performances.
The Cyber Phoenix services, including the content library, are regularly updated.
The quality of the display of the Cyber Phoenix content may vary from device to device and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD, and HDR availability are subject to your Internet service and device capabilities. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching Cyber Phoenix content will vary based on several factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Cyber Phoenix ready device.
Cyber Phoenix software is developed by, or for, Cyber Phoenix and is designed to enable viewing of Cyber Phoenix content through Cyber Phoenix ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third-party licenses. You agree that you may automatically receive updated versions of the Cyber Phoenix and related third-party software.
ACCOUNT ACCESS AND SECURITY
The member who created the Cyber Phoenix account and whose Payment Method is charged (the “Account Owner”) has access and control over the Cyber Phoenix account and the computing devices that are used to access our service and is responsible for any activity that occurs through the Cyber Phoenix account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the computing devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold to protect you, Cyber Phoenix or our partners from identity theft or other fraudulent activity.
Cyber Phoenix reserves the right to change the terms, conditions, and notices under which Sites are offered, including but not limited to the changes associated with the use of the Sites. While we make reasonable efforts to provide accurate and timely information about Cyber Phoenix on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about Cyber Phoenix.
Please read the Cyber Phoenix Privacy Statement carefully to understand how Cyber Phoenix collects, uses and discloses personally identifiable information from its users.
LINKS TO THIRD PARTY SITES
The Sites may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of Cyber Phoenix and Cyber Phoenix is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cyber Phoenix is not responsible for webcasting or any other form of transmission received from any Linked Site. Cyber Phoenix is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cyber Phoenix of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Sites, you warrant to Cyber Phoenix that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner which could damage, disable, hack, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites. You may not falsely identify yourself, pretend to be someone else, or impersonate others while using the Sites, nor may you seek or obtain other persons’ information, documents, training certificates, etc. You will use the Sites ethically, lawfully, and responsibly.
USE OF COMMUNICATION SERVICES
The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, other message or communication facilities designed to enable you to communicate with the public at large or with a group, and/or interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service or the Sites, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses or passwords, without their consent.
- Violate any applicable laws or regulations.
By using the Sites, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:
• Unless specifically requested by Cyber Phoenix, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters).
• Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers.
• Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any content, you represent and warrant that you have the lawful right to distribute and produce such content.
• Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity.
• Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content.
• Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law.
• Viruses, spyware, Trojan horses, easter eggs or any other harmful, disruptive or destructive files.
• Content that, in the sole judgment of Cyber Phoenix, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of Cyber Phoenix, other users or third parties.
Cyber Phoenix has no obligation to monitor the Communication Services. However, Cyber Phoenix reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Cyber Phoenix reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Cyber Phoenix reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of Cyber Phoenix.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Cyber Phoenix does not control or endorse the content, messages or information found in any Communication Service and, therefore, Cyber Phoenix specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, instructors, and hosts are not authorized Cyber Phoenix spokespersons, and their views do not necessarily reflect those of Cyber Phoenix. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconne
MATERIALS PROVIDED TO CYBER PHOENIX OR POSTED ON SITES
Cyber Phoenix does not claim ownership of the materials you provide to Cyber Phoenix (including feedback and suggestions) or post, upload, input or submit to any Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Cyber Phoenix, its affiliated companies and necessary sublicensees, permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Cyber Phoenix is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Cyber Phoenix’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Separate and apart from the Submissions you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Cyber Phoenix, our Sites and our products (collectively, “Ideas”). Ideas, whether posted to the Sites or provided to Cyber Phoenix by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. Cyber Phoenix shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.
THE INFORMATION, SOFTWARE, INSTRUCTIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CYBER PHOENIX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
CYBER PHOENIX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, INSTRUCTIONS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, INSTRUCTIONS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CYBER PHOENIX AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, INSTRUCTIONS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray Cyber Phoenix in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use the Cyber Phoenix logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Cyber Phoenix trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Cyber Phoenix or any third party.
Cyber Phoenix makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Sites. Such sites are not under the control of Cyber Phoenix and Cyber Phoenix is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Cyber Phoenix and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Cyber Phoenix of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.
COPYRIGHT AND LIMITED LICENSE
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein (if any) are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the Cyber Phoenix logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Cyber Phoenix or its licensors or users and are protected by U.S. and international copyright laws.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Sites are: Copyright 2022 by Phoenix Technology Solutions, LLC and/or its suppliers. All rights reserved.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement at firstname.lastname@example.org.
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, Cyber Phoenix has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Cyber Phoenix may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
JURISDICTION AND COMPLIANCE WITH LAWS
Evolving Nature of Services. Cyber Phoenix Services and/or Cyber Phoenix content are subject to change at any time. We are continually looking to improve Cyber Phoenix content but if you are at any time dissatisfied with our service or content, you may write to us your concerns and we will attempt to resolve them to the fullest extent possible. However, if you still remain dissatisfied with our Service even after escalation to customer support team, then your sole remedy is to discontinue use of the Service. Further, we invite your feedback and/or suggestion to improve on our services and we are at our discretion to implement your feedback and/or suggestion for the betterment of the Services. You grant us exclusive, irrevocable, perpetual and royalty free rights to use your feedback and suggestion in our Services.
Scheduled Maintenance: We may suspend your service for scheduled maintenance with prior notification to you. During the scheduled maintenance hours, you may not be able to use and access the site or service.
Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.