Terms of Service

1. Introduction; Your Agreement to These Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by PHYX Productions, LLC (collectively with its affiliates, "PHYXTV," "we," "us," or the "Company"), consisting of the website available at https://phyx.tv and its related domains, subdomains, mobile and desktop applications, connected TV applications, and all associated services, features, and content (individually and collectively, the "Services").

These Terms of Service ("Terms") govern your use of the Services, including all functionalities, features, streaming services, audio, visual, and written media, user interfaces, and all content and software associated with the Services.

When using the Services, you will be subject to the Community Guidelines and any additional guidelines or rules that are posted on the Services or made available to you, all of which are incorporated into these Terms.

By accessing or using the Services, you signify that you have read, understand, and agree to be bound by these Terms, whether or not you are a registered user. If you do not agree to these Terms, you may not access or use the Services.

When using the Services or opening an account on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative with the authority to bind that entity to these Terms, and that you agree to these Terms on the entity's behalf.

2. Use by Minors and Blocked Persons

The Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Users registering for the Services and uploading User Content must be at least eighteen (18) years of age. The Company makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain jurisdictions. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.

The Services are not available to any users previously removed or banned from the Services by the Company. The Services are also not available to any persons barred from receiving them under the laws of the United States or any other applicable jurisdiction.

BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SERVICES, YOU REPRESENT THAT YOU ARE OF THE MINIMUM AGE REQUIRED AND HAVE NOT BEEN PREVIOUSLY REMOVED OR BANNED FROM THE SERVICES.

3. Privacy Notice

Your privacy is important to us. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information, and how we use cookies and similar technologies. Our Privacy Policy is incorporated by reference into these Terms.

4. Account

a. Account and Password

In order to open an account, you will be asked to provide us with certain information such as an account name, password, and email address. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you.

You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with the foregoing requirements.

Unless expressly permitted in writing by the Company, you may not sell, rent, lease, transfer, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to the Services through your account. The Company reserves the right to terminate or suspend your account if you violate these restrictions.

b. Third-Party Accounts

The Company may permit you to register for and log on to the Services via certain third-party services. By authenticating through a third-party service, you agree that the Company may access, store, and use any information that the third-party service makes available to us, consistent with our Privacy Policy.

5. Use of Devices and Services

Access to the Services may require the use of your personal computer, mobile device, or connected TV device, as well as communications with or use of bandwidth on such devices. You are responsible for any internet connection or mobile fees and charges that you incur when accessing the Services.

6. Modification of These Terms of Service

The Company may amend any of the terms of these Terms of Service by posting the amended terms and updating the "Last modified" date above. Your continued use of the Services after the effective date of any such changes constitutes your acceptance of the new Terms.

If you do not agree to the modified Terms, you must stop using the Services. It is your responsibility to check these Terms periodically for changes.

7. License

The Services are owned and operated by the Company. Unless otherwise indicated, all content, information, and other materials on the Services (excluding User Content), including, without limitation, the Company's trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code, and all other elements of the Services (collectively, the "Materials") are protected by intellectual property and other laws.

The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and the Materials for your own personal, non-commercial purposes. This license is subject to these Terms and does not include any right to: (a) sell, resell, or commercially use the Services or Materials; (b) copy, reproduce, distribute, publicly perform, or publicly display the Materials, except as expressly permitted by us or our licensors; (c) modify the Materials, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Services or Materials; or (d) use any data mining, robots, or similar data gathering or extraction methods.

Any use of the Services or Materials other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein.

8. User Content

The Company allows you to distribute streaming live and pre-recorded audio-visual works; to upload and store content; to engage in messaging and chat; to participate in interactive features; and to engage in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, data, or other materials on or through the Services (collectively, "User Content").

a. License to the Company and Other Users

(i) Unless otherwise agreed to in a written agreement between you and the Company, by submitting, posting, or displaying User Content on or through the Services, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, translate, and perform your User Content in connection with the Services and the Company's business, including without limitation for promoting and redistributing part or all of the Services in any media formats and through any media channels. This license includes the right to transcode, cache, store, serve via content delivery networks, create clips from, generate thumbnails and previews of, and embed your User Content.

(ii) You grant other users of the Services the right to access your User Content as permitted through the functionality of the Services under these Terms.

(iii) Should your User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that the Company and its sub-licensees are allowed to use them to the extent indicated in these Terms.

(iv) With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Services, or generally by closing your account, except: (a) to the extent you shared it with others as part of the Services and they copied, stored, or re-shared it and have not deleted it; (b) for a reasonable period of time needed to remove from backup and other systems; and (c) as otherwise permitted under applicable law.

(v) The Company does not claim ownership rights in your User Content. You retain all intellectual property rights in your User Content.

b. User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use your User Content as described herein; (b) your User Content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and (c) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.

c. Content is Uploaded at Your Own Risk

The Company uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, the Company does not guarantee that any unauthorized copying or distribution of User Content will not occur. You acknowledge that you upload User Content at your own risk. The Company is not responsible for deletion, loss, or damage of any User Content.

d. Promotions

Users may promote, administer, or conduct a promotion (e.g., a contest or sweepstakes) on, through, or utilizing the Services, provided that, if you choose to do so, you must adhere to the following rules: (a) you may carry out promotions only to the extent permitted by applicable law and you are solely responsible for ensuring that any promotion complies with all applicable laws; (b) you must clearly state the official rules and that the promotion is not sponsored by, endorsed by, or associated with the Company; and (c) the promotion must not be fake, deceptive, or designed to manipulate others.

9. Creator Monetization

The Company may offer monetization features to eligible creators, including but not limited to channel subscriptions, pay-per-view events, and other revenue-generating tools (collectively, "Creator Monetization Features"). Your use of Creator Monetization Features is subject to these Terms and any additional creator-specific terms or agreements that the Company may require.

The Company reserves the right to modify, suspend, or discontinue any Creator Monetization Features at any time. Revenue shares, payout schedules, and minimum payout thresholds are as published on the Services and may be updated from time to time. The Company will provide reasonable notice of material changes to monetization terms.

You are solely responsible for all taxes applicable to your earnings from Creator Monetization Features. The Company may require you to provide tax identification information before enabling payouts.

The Company reserves the right to withhold or deduct from your earnings any amounts necessary to comply with legal obligations, or in cases where earnings were generated through fraudulent activity or violations of these Terms or the Community Guidelines.

10. Access to Services — Subscriptions & Purchases

The Services may allow you to access digital content on a pay-per-view basis, subscription basis, rental, or purchase. The basis on which digital content is available on the Services will be indicated on the product detail page. Subject to your payment of any applicable fees, the Company grants you a non-exclusive, non-transferable, personal, non-sublicensable, limited right and license to view the content based upon the applicable payment method selected by you.

The Company makes no guarantees as to the resolution and quality of your digital content when streaming. The quality of your stream has many different variables, including your connection speed, location, and bandwidth.

11. Payments & Billing

The digital content available under specific payment plans, including pay-per-view, subscription, membership, or rental will change from time to time at the sole discretion of the Company. The Company makes no guarantee as to the availability of a specific payment plan.

By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment method. You can update your payment information at any time by logging into your account settings.

Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing. All fees are non-refundable except as expressly set forth herein or as required by applicable law.

12. Branded Content

The Company recognizes that some users collaborate with brands and may publish branded content, which includes any content in exchange for anything of value from a third party, including but not limited to monetary payments, free products, or services ("Branded Content").

If you choose to publish Branded Content on the Services, you agree to comply with all applicable laws and regulations, including but not limited to the Federal Trade Commission's (FTC) guidelines on endorsements and testimonials. You must clearly and conspicuously disclose the material connection between you and any brand or sponsor within the content itself.

The Company is not responsible for any Branded Content published by users and assumes no obligation to review, approve, or monitor such content. You are solely responsible for ensuring your Branded Content complies with all applicable disclosure requirements.

13. Prohibited Conduct

YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort; and that you are solely responsible for your conduct while on the Services.

You agree that you will comply with these Terms and the Company's Community Guidelines and will not:

1. Create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
2. Impersonate any person or entity; falsely claim an affiliation with any person or entity; access the accounts of others without permission; or perform any other fraudulent activity;
3. Send unsolicited promotions, advertising, or spam; send junk mail; or harvest or collect email addresses or other contact information of other users by electronic or other means;
4. Defame, harass, abuse, threaten, or defraud users of the Services, or collect or attempt to collect personal information about users or third parties without their consent;
5. Delete, remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services;
6. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law;
7. Modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law;
8. Interfere with or damage the operation of the Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, or making unsolicited offers or advertisements;
9. Use or attempt to use another user's account without authorization from that user and the Company;
10. Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
11. Use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy, or record the Services;
12. Use the Services to manipulate metrics, including artificially inflating view counts, follower counts, or other engagement metrics;
13. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
14. Attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services;
15. Use ad-blocking technology to circumvent advertisements displayed on the Services;
16. Use robots, scripts, or automated tools to skew payouts, revenue, or any monetization feature of the Services.

The Company takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom. The Company is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, or profanity in any User Content.

14. Advertisements

The Company has the right to monetize the Services, including without limitation the right to run advertisements and promotions on, around, and within the Services and User Content. The format, frequency, and content of advertising may change without specific notice to you.

As consideration for your access to and use of the Services, you agree that the Company may insert advertising on the Services, including in and around User Content such as pre-roll, mid-roll, and overlay advertisements. You further agree that you will not use any technology or means to block, disable, or interfere with such advertising.

The Company may use server-side ad insertion (SSAI) technology to deliver advertisements within video streams. Such ad insertion is an integral part of the Services.

15. Simulcasting

When you are streaming live on the Services, you may simultaneously live stream or broadcast on other platforms, provided you comply with any simulcasting guidelines published by the Company. The Company reserves the right to implement exclusivity requirements for creators who participate in specific monetization programs, partnerships, or promotional events, which will be communicated separately.

16. Respecting Copyright

The Company respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act ("DMCA") and other applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the Services infringes upon your copyright, please submit a notification pursuant to the DMCA by providing our designated copyright agent with the following information in writing:

• The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
• A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
• Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring;
• Your name, address, telephone number, and email address;
• A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you can send the Company a counter-notice that includes the following:

• Your name, address, and telephone number;
• The source address of the removed content;
• A statement under penalty of perjury that you have a good faith belief that the content was removed in error;
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Services may be found, and that you will accept service of process from the person who provided the original complaint.

Please note that the United States Copyright Act prohibits the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, the accounts of users who are deemed to be repeat infringers. The Company may also, at its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

The Company has designated a copyright agent to receive notices of claims of copyright infringement. Please contact:

PHYX Productions, LLC
Attn: Copyright Agent
7577 Blacktop Way, Unit 1
Neenah, WI 54956
Email: [email protected]

17. Trademarks

PHYXTV, the PHYXTV logos, and any other product or service name, logo, or slogan used by the Company, and the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of the Company and may not be used in whole or in part in connection with any product or service that is not the Company's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company, without our prior written permission.

Any use of these trademarks without the Company's prior written consent is strictly prohibited. All other trademarks referenced on the Services are the property of their respective owners.

18. Third-Party Content

In addition to User Content, the Company may provide other third-party content on the Services. The Company does not control, endorse, or adopt any third-party content and makes no representations or warranties of any kind regarding third-party content, including but not limited to its accuracy or completeness.

You are responsible for deciding if you want to access or use third-party websites, services, or applications that link from the Services. You acknowledge that the Company is not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to from the Services.

19. Idea Submission

By submitting ideas, suggestions, documents, and/or proposals (the "Submissions") to the Company or its employees, you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information; (b) the Company is not under any obligation of confidentiality with respect to such Submissions; (c) the Company shall be entitled to use or disclose such Submissions for any purpose, in any way, in any media worldwide; (d) the Company may have something similar to the Submissions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from the Company under any circumstances.

20. Termination

You may terminate your license to use the Services and these Terms at any time by ceasing all use of the Services and, if applicable, closing your account through your account settings or by contacting the Company.

The Company reserves the right, without notice and in its sole discretion, to terminate or suspend your license to use the Services (including to access your account) and to block or prevent your future access to and use of the Services, including where we reasonably believe you have violated these Terms, the Community Guidelines, or any applicable law. In such cases, the Company may also take any of the following actions: (a) remove your User Content; (b) revoke any special status associated with your account; (c) disable monetization features; (d) withhold earnings generated through fraudulent means; or (e) permanently ban you from the Services.

Upon termination of your account, your right to use the Services will immediately cease, and the Company may delete your account information and User Content at its discretion. The following sections of these Terms shall survive any termination: User Content licenses (Section 8(a)), Prohibited Conduct (Section 13), Disclaimers (Section 22), Limitation of Liability (Section 23), Indemnification (Section 24), and General Provisions (Section 28).

21. Community Guidelines

All users of the Services must comply with the Company's Community Guidelines, which are incorporated into these Terms by reference. The Community Guidelines outline our expectations for user behavior and content standards, including but not limited to policies regarding:

• Hateful conduct and harassment;
• Violence, threats, and dangerous behavior;
• Sexual content and nudity;
• Intellectual property and copyright;
• Spam, scams, and deceptive practices;
• Self-harm and suicide prevention;
• Unauthorized sharing of private information;
• Content involving minors.

Violation of the Community Guidelines may result in enforcement actions including content removal, account suspension, or permanent termination at the Company's sole discretion.

22. Warranty Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE SERVICES PROVE DEFECTIVE, THE COMPANY IS NOT RESPONSIBLE FOR COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.

THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES, USER CONTENT, OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.

THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. ALL USERS ARE EXPECTED TO MAINTAIN THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.

23. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS, OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

THE COMPANY PARTIES' MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

24. Indemnification

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF AND ACCESS TO THE SERVICES; (B) YOUR VIOLATION OF ANY TERM OF THESE TERMS; (C) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, TRADEMARK, PROPERTY, OR PRIVACY RIGHT; (D) ANY CLAIM THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY; OR (E) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION, IN WHICH CASE YOU AGREE TO COOPERATE WITH THE COMPANY'S DEFENSE OF SUCH CLAIM.

25. Disputes

a. Informal Resolution

Most disputes can be resolved informally, so if you have a concern with the Services, please contact us first at [email protected]. You agree to attempt to resolve any dispute informally for at least thirty (30) days before initiating any legal proceeding. If we are unable to resolve the dispute informally, you and the Company may pursue formal proceedings as set forth below.

b. Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in the State of Wisconsin in connection with any action arising out of or related to these Terms and waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens.

c. Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

26. Use of Software

If the Services require or include downloadable software, including mobile or TV applications, the Company grants you a personal, limited, non-exclusive, and non-transferable license to use the software solely for the purpose of using the Services.

You shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, or attempt to derive the source code of any software provided by the Company. You shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute, or otherwise transfer the software or this license.

This license does not allow you to use the software on any device that you do not own or control, and you may not distribute or make the software available over a network where the software could be used by multiple devices at the same time.

You agree that the Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support, and other services. The Company may use this information in a form that does not personally identify you.

27. Communications

By creating an account on the Services, you consent to receive electronic communications from the Company, including emails about your account, service announcements, and marketing messages. You may opt out of marketing communications at any time by using the unsubscribe link in any marketing email or by adjusting your account notification settings. Transactional and account-related communications are required and cannot be opted out of while you maintain an active account.

28. General Provisions

a. Waiver

The failure or delay of either party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision and shall in no way affect that party's right to later enforce or exercise it.

b. Severability

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.

c. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any assignment attempted to be made in violation of this restriction shall be void.

d. Survival

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including but not limited to Sections 8, 13, 16, 17, 19, 22, 23, 24, 25, and 28.

e. Entire Agreement

These Terms, which incorporate the Community Guidelines and our Privacy Policy, constitute the entire agreement between you and the Company relating to the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to the Services. Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and the Company.

29. Requests for Information and Subpoenas

All requests for information or documents related to potential, anticipated, or current legal proceedings, investigations, or disputes must be made using the appropriate legal process required by law (e.g., subpoena, court order, or written consent). All legal process should be directed to: [email protected]

30. Contact Information

The Services are offered by:

PHYX Productions, LLC
7577 Blacktop Way, Unit 1
Neenah, WI 54956
Email: [email protected]

For questions or more information, please contact us at the address or email above.