Terms of Use
Effective Date: July 2, 2013
1) Who We Are:
www.Silver-phoenix500.com (“Website”) is owned and operated by Silver Phoenix, LLC (“Silver Phoenix”) which provides a web site and services related to information about precious metals. You use the Website at your own risk. Although the Website aims to provide reliable information about investing in precious metals, the Website does not guarantee the information provided about investments or data regarding precious metals. The Website is free for users, and displays content from various Contributing Editors and third-party advertisements related to but not limited to investments and the precious metals industry and the mining industry. The Website also displays editorials, charts, quotes, timely news, and other analyses to assist the user in gathering information about precious metals for investment purposes.
This Terms of Use agreement (“Agreement”) sets forth the terms to which all visitors, users, and Contributing Editors of the Website agree to be bound.
This agreement was prepared by the Internet law attorneys at Traverse Legal, LLC, www.TraverseLegal.com.
2) You Agree:
YOU HAVE A DUTY TO READ THIS AGREEMENT. YOUR USE OF THE WEBSITE CONSTITUTES YOUR MANIFESTATION TO AND INTENT TO BE BOUND BY THIS AGREEMENT.
This Agreement may be modified, replaced, or amended at any time. In the event Silver Phoenix modifies, replaces, or amends this Agreement, the Effective Date of this Agreement, located above, will change. You agree that any use of the Website after the modification of, replacement of, or amendment of this Agreement constitutes your manifestation of acceptance of the modification, replacement, or amendment.
Warranties and Representations: All users of the Website warrant the following:
You have the right, power, and legal capacity to enter into this Agreement and to accept the rights, obligations, and duties granted under its terms. Persons under the age of eighteen (18) may not use the Website.
a) You agree to comply with the terms of this Agreement in good faith.
b) You will not use the Website outside of the uses specifically provided for under this Agreement.
c) You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.
d) You understand that Silver Phoenix cannot guarantee preservation of records and may expire information without notice at its sole discretion.
e) You will not make any derivative works of the Website or delete or modify, in any way, any copyright, trademark, or other proprietary notices that appear on the Website. You will not promote or post an illegal or unauthorized copy of another person’s copyright protected work, in whatever form;
f) You will not post false, misleading, personal, or defamatory content.
g) You will not use, modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell the Website in any form or by any means, in whole or in party, without the prior written consent of Silver Phoenix.
h) You will not distribute Trojan horses, viruses, malware, spyware, spam, pyramid schemes, chain letters, or any other harmful or unsolicited files or communications.
i) You will not harvest, scrape, or otherwise collect information about users of the Website. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Silver Phoenix. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file.
j) You will not transmit unsolicited commercial email messages, or spam, through the Website, its hosting service or otherwise;
k) You will not use the Website to exploit people in a sexual or violent way or otherwise attempting to solicit information from anyone.
l) You will not use this Website to scrape or use another user’s personal information.
m) You warrant and agree that you will not make any derivative works of the Website or delete or modify, in any way, any copyright, trademark, or other proprietary notices that appear on the Website.
n) You agree to comply with all laws and rules where you reside or where you use the Website.
o) You understand that the Website is operated in the United States and Silver Phoenix makes no representation that its Website or services are appropriate, lawful, or available for use in other locations.
p) You agree not to sell illegal or counterfeit goods.
q) You agree not to encourage or participate in irrelevant postings.
r) You agree not to use this Website for investment schemes or use of website for unlawful enterprises.
s) You agree not to engage in the manipulation of listings, comments or reviews.
t) You agree that you will abide by and agree to all terms related to any enhanced or premium advertising, member or account services.
3) Our Web Service Is Free:
Use of Silver-phoenix500.com for all users is free. Any enhanced services or tools for advertisers can be purchased on terms included or displayed on the Website, including the terms posted herein.
4) We Are Merely a Web Service
Our intent is to provide accurate and up to date content on this Site; however, that is not always possible. You understand and agree that Silver Phoenix provides a Website service and takes no responsibility and cannot be held liable or responsible for transactions entered into by or between users of the Website, third parties, advertisers or otherwise. This Website is provided “AS IS.” Content is provided for informational purposes only and should not be relied on for financial decisions. You should not rely upon any single source of information in making any financial or investment decisions. You should consult your financial professional and legal and/or tax advisor for advice about services or issues discussed on this Website. Content may contain inaccuracies or errors and may change.
Silver Phoenix makes no representations or warranties as to the truth or falsity of any information submitted to the Website or posted on the Website, the legality, quality, or safety of the services offered through the Website, the qualifications associated with any Contributing Editor, or the accuracy of any information posted on the Website.
Though Silver Phoenix undertakes commercially reasonable efforts to verify the identity of its Contributing Editors and users, you understand and agree that Silver Phoenix cannot be held liable for any user’s or Contributing Editor’s failure to truthfully or accurately disclose their identity.
You agree to hold harmless, defend, and indemnify Silver Phoenix for any and all claims, demands, judgments, liabilities, costs, or fees, including reasonable attorney fees, arising out of or relating to disputes over transactions entered into through the Website or as a result of any information provided on the Website. Your agreement to defend Silver Phoenix under this section will not provide you with the right or ability to control Silver Phoenix’s defense. You agree to pay for any and all services that you have contracted for through your use of the Website. You also agree to provide any or all services that you have been contracted to perform by users of the Website. You understand and agree that Silver Phoenix will not be held liable for any user’s or Contributing Editor’s failure to complete a transaction entered into through the Website.
5) Contributor Generated Content
Silver Phoenix provides Contributing Editors (“Contributor”) with the ability to submit contributor generated content to the Website, which may include but is not limited to text, reviews, ratings, photos, videos, infographics, instructions and other content (collectively “Contributor Generated Content”). Except as otherwise licensed herein, the Contributing Editors own all rights in and to Contributor Generated Content.
By submitting Contributor Generated Content to the Website, the Contributor grants Silver Phoenix a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use Contributor Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, display, and use any of the Contributor Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated products and services and archiving or making backups of the Website. The Contributor agrees to waive all moral rights in and to Contributor Generated Content across the world, whether the Contributor has or has not asserted moral rights in or to the Contributor’s Generated Content. By submitting Contributor Generated Content to the Website, the Contributor further agrees to waive all rights of publicity or privacy with respect to the Contributor Generated Content submitted.
The Contributor warrants that any Contributor Generated Content that submitted to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
The Contributor and you understand and agree that Silver Phoenix is an interactive service provider under the definition of those terms under § 230 of the Communications Decency Act. Silver Phoenix’s Website may allow content to be submitted to the Website or may contain links to third party websites that Silver Phoenix does not own or control. Silver Phoenix has no responsibility for the content that is submitted to its Website by Contributors, third parties, or for the content of third party websites linked to or through the Website. You and Contributor agree to hold Silver Phoenix harmless for any and all liability arising out of content submitted to the Website or out of your use of third party websites.
Silver Phoenix has no duty to monitor content submitted to the Website by Contributors or third parties, but it may, within its sole discretion, choose to monitor, edit, modify, refuse, or delete any content or rating submitted to the Website without notice to the submitting party and for any reason, or which might be offensive, harmful, or threatening to the safety of others. You understand and agree that Silver Phoenix’s provision of the Website does not imply its approval or endorsement of any content submitted to the Website by Contributors or the content of third party websites linked through the Website. Contributors and users have an obligation to report all inappropriate behavior to Silver Phoenix immediately.
Silver Phoenix does not endorse, recommend, or advise any specific course of action the user may wish to take regarding their investments in precious metals, or any specific information or data about precious metals, or any other product or service. The views and opinions of Contributors and others expressed on this Website do not necessarily state or reflect those of Silver Phoenix and are not intended to be used for advertising or endorsement purposes. The goods and services listed on this website are not an offer to enter into a contract with Silver Phoenix.
Silver Phoenix has the right, but not the obligation to edit, remove or delete any Contributor Generated Content for any or no reason.
6) Our Intellectual Property
Silver Phoenix is the owner or licensee of all rights in and to the Website, the trademarks displayed on the Website and any and all copyrights, trade secrets, patent rights, or other proprietary or personal rights contained within or displayed upon the Website. You are expressly prohibited from using Silver Phoenix’s trademarks, trade names, trade dress, design marks, trade secrets, or copyrightable works outside of the uses expressly stated in this agreement and without the prior written consent of Silver Phoenix.
Silver Phoenix grants you, the user, a limited, revocable, non-exclusive, non-sublicensable, and royalty free license to use the Website. This limited license automatically terminates upon a breach of any of the terms of this Agreement. The Website is subject to all applicable intellectual property and other laws.
7) Additional Services Offered
Silver Phoenix may at its discretion offer enhanced, premium or other ‘for pay’ services to advertisers and their agents. No other terms will be implied beyond those indicated on the Website and included herein, including specifically paragraphs 9-12 herein.
Silver Phoenix does not offer refunds on any payment for advertising or other services related to the Website.
8) Claims of Copyright Infringement
If you have reason to believe any part of the content of the Site infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided in this Copyright Policy. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any Site by any user or Contributor who is alleged to have posted infringing materials or a link to infringing materials on the Site and to immediately remove or disable the allegedly infringing Content or link.
The Website and its contents are © Silver Phoenix. All rights reserved, except as otherwise indicated herein.
Silver Phoenix will respond to specific notices of copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Silver Phoenix may expeditiously remove copyright infringing materials from its Website, regardless of Silver Phoenix’s liability, upon receipt of a notice that complies with the terms of the Digital Millennium Copyright Act’s § 512, located at 17 U.S.C. § 512(c)(3). Silver Phoenix, upon removal of any materials that are alleged to be infringing, will make a good faith attempt to notify the owner of the materials so that they may respond with a counter-notification under 17 U.S.C. § 512(g)(3).
If you believe that content hosted on the Silver Phoenix Website infringes upon your copyright rights, please follow the Digital Millennium Copyright Act steps outlined below:
- If you are a copyright owner, or the authorized agent of a copyright owner, and you believe that content hosted on the Website infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our registered Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple works have been allegedly infringed, a specific list of such works and their specific location on Silver Phoenix’s Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Silver Phoenix to locate the material;
- Information reasonably sufficient to permit Silver Phoenix to contact you, such as an address, telephone number, fax number, and, if available, an email address;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Silver Phoenix will maintain a designated Copyright Agent, who will receive notifications of alleged infringement. You recognize that if you fail to comply with the requirements of the Digital Millennium Copyright Act’s notification requirements, your DMCA notice may not be processed.
Counter-Notification: If you believe that content has been removed from the Silver Phoenix Website in error, you may file a counter-notification with Owner’s designated Copyright Agent that complies with the requirements of 17 U.S.C. § 512(g)(2) and (g)(3) outlined below. Upon receipt of a counter-notification complying with the requirements of 17 U.S.C. § 512, Silver Phoenix may return the allegedly infringing content to the Website.
- A counter-notification must include:
- Identification of the specific materials that have been removed from the Silver Phoenix Website;
- Your name, address, telephone number, and email address;
- A statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- A statement that you consent to federal district court jurisdiction in the district in which your address is located or, if your address is outside of the United States, that you consent to jurisdiction in any district in which Silver Phoenix may be found and that you will accept service of process from the person who provided notification or their agent; and
- Your physical or electronic signature.
Notices of infringement or counter-notices may be sent to: DMCAagent@traverselegal.com.
Address of DMCA Agent:
Traverse Legal PLC
c/o Silver Phoenix, LLC
810 Cottageview Drive, G20
Traverse City, MI 49684
Fax 231-932-0636
9) Disclaimer of Warranties
SILVER PHOENIX DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY GOODS OR SERVICES LINKED TO OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION INVESTMENT AND PRECIOUS METALS INFORMATION, DATA, INFOGRAPHICS, REVIEWS, RATINGS, FEEDBACK, COMMENTS, PICTURES OR OTHER CONTENT. SILVER PHOENIX PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
SILVER PHOENIX WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ARTWORK. SILVER PHOENIX DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE. SILVER PHOENIX RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
SILVER PHOENIX IS NOT RESPONSIBLE FOR THE REPRESENTATION OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER, USER OR ADVERTISER OF WEBSITE.
10)Non-Compete Clause
You understand and agree that Silver Phoenix’s business is global in nature and its reasonable competitive business interests extend across the United States. In consideration for your use of the Website, you agree that during the term of this Agreement, and for a period of thirty-six (36) months thereafter, you will not engage directly or indirectly in the sale, marketing, distribution, or promotion of any goods or services that are competitive with Silver Phoenix’s goods or services anywhere within the United States. You further agree that for a period of thirty-six (36) months after the termination of this Agreement, you will not enter into the employment of, have an interest in, whether as founder, proprietor, officer, director, or otherwise, or act as a consultant, agent, broker, licensor, advisor, or distributor of a direct competitor of Silver Phoenix.
11) Indemnification
Users and Contributors agree that they will hold harmless, defend, and indemnify Silver Phoenix, including its members, employees, agents, affiliates, directors, officers, and board members, from and against all claims, damages, liabilities, penalties, costs, and judgments, including attorneys’ fees, that arise out of the use of or contribution to the Website, the violation of a term or provision of this Agreement, or the violation of the rights of a third party. Users and Contributors agree that their obligation to hold harmless, defend, and indemnify Silver Phoenix will survive the termination or failure of this Agreement and their use of and contribution to the Website. The User’s and Contributor’s obligation to defend Silver Phoenix under the terms of this Agreement will not provide Users and Contributors with the right to control Silver Phoenix’s defense, and Silver Phoenix reserves the right to control its defense regardless of your contractual requirement to defend Silver Phoenix.
12)Jurisdiction, Choice of Laws, Arbitration
You agree that any claim or dispute that you may have against Silver Phoenix will be exclusively resolved through arbitration.
You understand and agree that Silver Phoenix and the Website are located in the State of Michigan for all legal and non-legal purposes. You also agree that the Website is a passive website and that the Website does not give rise to personal jurisdiction over Silver Phoenix in states other than the State of Michigan. This Agreement will be governed by and interpreted under the laws of the State of Michigan without regards to its conflicts of laws principles. Any dispute that arises out of or in relation to this Agreement or your use of the Website will be decided exclusively by arbitration.
The failure of Silver Phoenix to seek relief for your breach of any duty under this Agreement or otherwise will not waive the right of Silver Phoenix to seek relief for any subsequent breach or claim. You agree that, for all legal and non-legal purposes, the Website is located in the State of Michigan.
13) COPPA Compliance
The Website is not directed to persons under the age of eighteen (18) and Silver Phoenix will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Silver Phoenix inadvertently collects personally identifiable information, Silver Phoenix will delete the personally identifiable information in accordance with its security protocols, upon notice.
14)Other Terms
There are no refunds or guarantees related to any enhanced services or features requiring payment, unless specifically agreed to in writing and signed by Silver Phoenix.
If any provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and unimpaired and shall continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Notices to Silver Phoenix may be emailed to: info@silver-phoenix500.com.
