Terms of Service
ATPHIZYOM (‘ATPHIZYOM‘) Terms of Service
Please read these Terms of Service carefully (hereafter, the “Terms”). The Terms of Service is the agreement between the User (hereafter, “You”, “Your”, or the “User”) and the Company & its affiliates, ‘ATPHIZYOM, LTD.’ (hereafter, “Us” or “ATPHIZYOM”). This Agreement governs your use and access of the ‘ATPHIZYOM‘ Products & Services available via ‘ATPHIZYOM’s‘ Website (hereby, the “Website”), ‘ATPHIZYOM’s‘ Mobile Application (hereby, the “Mobile App”) and ‘ATPHIZYOM’s‘ Web Application (collectively, the ‘ATPHIZYOM‘ Products & Services or “Products & Services”).
NOTE ON TRANSLATION: These Terms of Service, pertaining to ‘ATPHIZYOM’s‘ Mobile Application (hereby, the “Mobile App”), ‘ATPHIZYOM’s‘ Web Application (hereby, the “Web App”) and ‘ATPHIZYOM’s‘ Website (hereby, the “Website”), hereafter collectively the ‘ATPHIZYOM‘ Products (hereby, the “Products”), and ‘ATPHIZYOM‘ Services (hereby, the “Services”), hereafter collectively the ‘ATPHIZYOM‘ Products & Services (hereby, the “Products & Services”), may have been translated into various languages for the convenience of the ‘ATPHIZYOM‘ Mobile App, Web App and/or Website User(s) (hereafter collectively, the “User(s)”). While the translation is correct to the best of ‘ATPHIZYOM’s‘ knowledge, ‘ATPHIZYOM‘ is not responsible or liable in the event of an inaccuracy. English is the controlling language of these Terms of Service, and any translation has been prepared for you as a courtesy only. In the event of a conflict between the English-language version of these Terms of Service and a version that has been translated into another language, the English-language version shall prevail.
The ‘ATPHIZYOM‘ Products & Services platform is a SOCIAL COMMUNICATION and AUTONOMOUS DIVERSIFIED ASSET MANAGEMENT INTERFACE Product and Service.
The Products and/or Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your initial use and continued use of the Products and/or Services constitutes your agreement to all such Terms of Service. Please read these terms carefully, and keep a copy of them for your reference.
Please note that our Terms of Service may be changed at any time at our sole discretion, without notice to the User. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of our Products and/or Services shall be deemed your conclusive acceptance of the modified agreement. Any changes made to these terms will become effective when posted on the ‘ATPHIZYOM‘ Website (the “Website”).
Before accessing or using the Services offered on our Products’ and Services’ platforms, please read carefully the following Terms of Service contained on each of the individual Product and Services’ platforms. These terms govern your access to and use of our Products, Services and any videos, software, programs, sweepstakes, services, tools, materials, or other information available through the Products’ and Services’ platforms or used in connection therewith (collectively, the ‘ATPHIZYOM‘ Services or the “Services”). ‘ATPHIZYOM‘ is willing to license and allow the use of our Products and/or our Services only on the condition that you accept and agree to all of the terms and conditions contained therein. By using our Products and/or Services, you therefore agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you are not granted the permission to access or otherwise use our Products and Services, and you are instructed to terminate access and usage of our Products and Services immediately.
THE PRODUCTS’ & SERVICES’ PLATFORM “USER SETTINGS”: Users will have the ability to edit the choices and “User Settings” of the ‘ATPHIZYOM‘ Product and/or Service platforms’ proprietary systems, and hence choices by the system should be considered subjective; and ‘ATPHIZYOM‘ does not proclaim to have any specialized-ability to choose or distinguish “good” Financial Assets/Investments from “bad” Financial Assets/Investments.
THE PRODUCTS & SERVICES: the Website, App Store (Apple Inc.’s iOS mobile applications distribution platform & service) and Google Play (Google’s Android OS mobile applications distribution platform & service) is an online information service and digital distribution platform, with web-based and downloadable mobile-device software supported, specifically being the ‘ATPHIZYOM‘ Website (the “Website”), the ‘ATPHIZYOM‘ Web Application (the “Web App”) and the ‘ATPHIZYOM‘ Mobile Application (the “Mobile App”) for the context of this Agreement. These products and services constitute the ‘ATPHIZYOM‘ Products & Services (the “Products & Services”) and all of which are subject to the terms and conditions set forth below and the End User License Agreement.
THE VIDEOS, DESCRIPTIONS & GRAPHICS: the videos, descriptions and graphics displayed on our Products’ platforms (hereafter, the “Information”) are provided for informational and promotional purposes only, and are for simulation only by using actor(s) and demo accounts, and hence should not be relied upon in making decisions. These videos, descriptions and graphics were made in order to give you a sense and feel for what may be achieved while using the Mobile App and/or Web App. The videos, descriptions and graphics may not be accurate or based on accurate past true events, and are for simulation purposes only. Nonetheless, any and all information perceived from these videos, descriptions and graphics through either visual, verbal, or written do not constitute financial, legal, tax or other professional advice and is not intended as a substitute for consultation with a qualified professional. ‘ATPHIZYOM‘ has used its best efforts in producing these videos, descriptions and graphics but ‘ATPHIZYOM‘ does not make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of these videos, descriptions and graphics. The information contained in these videos, descriptions and graphics is strictly for informational and promotional purposes. Therefore, if you wish to apply and use the Mobile App and/or Web App, you are taking full responsibility for your actions. No statement in these videos, descriptions and graphics is to be construed as furnishing investment advice or being a recommendation, solicitation or offer to buy or sell any type of securities, assets and/or financial instruments. No representation is being made that any User will or is likely to achieve profits or losses similar to those discussed and mentioned in the videos, descriptions and graphics. The past performance of any trading system or methodology, including the ‘ATPHIZYOM‘ Mobile App and Web App, is not necessarily indicative of future results. Absolutely consult your Financial Advisor before ever investing or trading any type of securities, assets and/or financial instruments.
‘ATPHIZYOM‘ shall in no event be held liable to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material provided on the Products’ platforms, which is provided as is, and without warranties. As in all cases, viewers and Users should never take any information perceived from these or any other videos at face value and should always do their own due diligence on any viewed material to form their own opinions and best judgments. And where applicable, the advice of a competent legal, tax, accounting or other professional should be always sought before taking action of any kind.
The videos, descriptions and graphics are copyrighted by ‘ATPHIZYOM‘ and shall not be copied, stored, or changed in any format, sold, or used in any way under any circumstance or distributed or broadcast in any way without express permission from ‘ATPHIZYOM‘.
‘ATPHIZYOM‘ reserves the right to suspend, modify, remove and/or add any Service(s) at its sole discretion and without notice. In the event of such suspension, modification, removal or addition of any Service(s) for any reason, the Company (hereafter, “ATPHIZYOM”) will not be liable to You in any way.
Please, note that ‘ATPHIZYOM‘ receives commissions and marketing fees for directing users and/or for driving traffic to the advertisers’ websites or applications.
1. EARNINGS & INCOME DISCLAIMER
THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS (IN REAL OR SIMULATIONS USING DEMO ACCOUNTS), AS TO INCOME EARNINGS OR PERCENTAGE GAINS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS. TRADING OR INVESTING PERFORMANCE (MONETARY AND INCOME RESULTS) ARE BASED ON MANY PERSONAL FACTORS. YOU MAY, AND SHOULD ASSUME YOU PROBABLY WILL, LOSE MONEY TRADING OR INVESTING. THEREFORE, WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL BE A SUCCESSFUL, PROFITABLE TRADER OR INVESTOR OR USER, OR MAKE ANY MONEY AT ALL IN YOUR TRADING OR INVESTING BY USING OUR PRODUCTS AND/OR SERVICES.
THERE IS NO ASSURANCE THAT YOU WILL DO AS WELL AS OUR ‘ATPHIZYOM‘ REFERENCE EXAMPLES WITHIN OUR INFORMATIONAL & PROMOTIONAL MATERIALS. IF YOU RELY UPON OUR FIGURES AND INFORMATION AS PRESENTED IN THE VIDEOS, DESCRIPTIONS AND GRAPHICS, YOU ACCEPT THE RISK OF NOT DOING AS WELL OR EVEN LOSING YOUR TRADING CAPITAL AND/OR PRINCIPAL INVESTMENT.
OUR MOBILE APP, WEB APP AND/OR SERVICES (THE “PRODUCTS & SERVICES”) MAY HAVE UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR VIDEOS, DESCRIPTIONS, GRAPHICS, SERVICES, AND/OR WEBSITE (THE “PRODUCTS & SERVICES”) SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, OR MAKE NO MONEY AT ALL.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR FINANCIAL AND/OR INVESTMENT AND/OR TRADING DECISIONS RELATING TO ANY INFORMATION PRESENTED BY US, AND/OR OUR PRODUCTS & SERVICES (THE “PRODUCTS & SERVICES”).
2. PROPRIETARY & INTELLECTUAL PROPERTY RIGHTS
All intellectual property of or relating to our Products and our Services, including but not limited to content, information, videos, graphics, patents, utility models, rights to inventions, trademarks and service marks, copyrights and neighboring and related rights, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including technique, know-how and trade secrets), modules, computer source code (including html code), algorithms, methods of doing business, user interfaces, graphic designs, look and feel, software and all other intellectual property rights and all developments, derivatives, and improvements thereto; whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (collectively, the “Intellectual Property”), unless otherwise indicated, are owned, controlled and licensed in their entirety by ‘ATPHIZYOM‘, its affiliates, its successors and assigns, and/or by third parties who have granted ‘ATPHIZYOM‘ license to use such Intellectual Property. This includes, but is not limited to, all material which may be found on our Products’ platforms including, but not limited to: images, pictures, graphics, photographs, animations, videos, music, audio and text.
Content (hereafter, the ‘ATPHIZYOM‘ Products & Services platform Content or “Content”), software or services referenced herein or on our Products’ platforms are the exclusive trademarks or service-marks of ‘ATPHIZYOM‘ or their respective owners, and are protected by law. Except as expressly provided herein, ‘ATPHIZYOM‘ does not grant any express or implied right to You or any other person in any intellectual or proprietary rights. The Products & Services, software, programs, information, videos or materials available through our Products’ platform and all copyrights, trade secrets, know-how related thereto and Intellectual Property, unless otherwise indicated, are owned by ‘ATPHIZYOM‘ or third-party licensors. The Products’ and Services’ names, logos, and all other names, logos and icons identifying the ‘ATPHIZYOM‘ Products & Services are proprietary trademarks of the Company, and any use of such marks, such as domain names, without the express written permission of ‘ATPHIZYOM‘, is strictly prohibited.
3. LIMITED LICENSE GRANT
The Products and Services are provided by ‘ATPHIZYOM‘, and conditional with the acceptance of this Terms of Service Agreement, provides You with a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Products and/or Services, download the Mobile App and/or Web App and use any programs, services, tools, materials, videos or information made available to You through or from our Products’ platforms. The Terms of Service Agreement permits You to use and access, for personal use only, the ‘ATPHIZYOM‘ Products and Services via a Single-User Account (ONE physical User per “User Account Name”) (a) on a laptop, workstation, or computer and (b) on a mobile device from the Internet or through an on-line network. You may also download information from the Products’ platforms into your mobile device, laptop, workstation or computer’s temporary memory (RAM) and print and download materials and information from the Products’ platforms solely for your personal non-commercial use, provided that all hard copies contain all copyright, trademark and other applicable notices.
4. LICENSE RESTRICTIONS
The foregoing license is limited. YOU MAY NOT MODIFY, COPY, STORE, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, LICENSE, SUBLICENSE, DISPLAY, RENT, LEASE, SELL, COMMERCIALLY EXPLOIT, OR DISTRIBUTE, IN ANY MANNER, ANY DATA, INTELLECTUAL PROPERTY OR MATERIAL PROVIDED BY ‘ATPHIZYOM‘ THROUGH THE PRODUCTS’ PLATFORMS AND SERVICES’ PLATFORMS, IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS OF SERVICE. THE ABOVE RESTRICTION INCLUDES, BUT IS NOT LIMITED TO, VIDEOS, TEXT, GRAPHICS, CODE AND/OR SOFTWARE. In addition, you may not modify, translate, decompile, create any derivative work(s) of, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, grant a security interest in, or otherwise use the Products and/or Services in any manner not expressly permitted herein. Moreover, you may not (i) use any “deep link”, “page scrape”, “data scrape”, “web scrape”, “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Products’ platforms or in any way reproduce or circumvent the navigational structure or presentation of the Products’ and Services’ platforms to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Products’ and Services’ platforms, OR (ii) attempt to gain unauthorized access to any portion or feature of the Products’ and Services’ platforms, including, without limitation, the account of any User(s), any other systems or networks connected to the Products’ and Services’ platforms or its servers, to any of the Services offered on or through the Products’ and Services’ platforms, by hacking, password “mining”, or any other illegitimate or prohibited means, OR (iii) probe, scan or test the vulnerability of the Products’ and Services’ platforms or any network connected to the Products’ and Services’ platforms, nor breach the security or authentication measures on the Products’ and Services’ platforms or any network connected to the Products’ and Services’ platforms, OR (iv) reverse look-up, trace, or seek to trace any information on any User of or visitor to the ‘ATPHIZYOM‘ Products’ and Services’ platforms, OR (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Products’ and Services’ platforms, the system, networks, or any systems or networks connected thereto, OR (vi) use any device, software, or routine to interfere with the proper working of the Products’ and Services’ platforms or transaction conducted on the Products’ and Services’ platforms, or with any other person’s use of the Products’ and Services’ platforms, OR (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to ‘ATPHIZYOM‘ on or through the Products’ and Services’ platforms, OR (viii) use the Products’ and Services’ platforms to collect e-mail addresses or other contact or personal information, OR (ix) market, co-brand, private label, use the ‘ATPHIZYOM‘ name, or a name similar thereto on a different domain, separately distribute, resell, or otherwise permit third parties to access and use the Products’ and Services’ platforms, in whole or in part, without the express, separate and prior written permission of ‘ATPHIZYOM‘, OR (x) use the Products’ and Services’ platforms in any other unlawful manner or in a manner that could be perceived to damage, disparage, or otherwise negatively impact ‘ATPHIZYOM‘.
Moreover, this license is only valid where ‘ATPHIZYOM‘ is permitted to operate by regulatory status. Access to and use of the Products’ and Services’ platforms in contravention of any laws or regulations, or where prohibited by law, is unauthorized and not permitted by ‘ATPHIZYOM‘.
5. THIRD PARTY DISCLAIMER
You acknowledge that some of the Products, Services and/or software components, may be provided by a third party and thus, there might be latency, error, malfunction, delay in data, etc. which ‘ATPHIZYOM‘ has no control of, and that ‘ATPHIZYOM‘ shall make all commercially reasonable efforts to make the software, the Products and/or Services available to the User. ‘ATPHIZYOM‘ shall have no responsibility or liability for any losses or damages suffered or incurred from the use, operation, or performance of the Products, Services and/or the software and for any direct, indirect, punitive, incidental, special or consequential damages that arise from any fault, inaccuracy, omission, delay or any other failure due to third party failure(s).
‘ATPHIZYOM‘ makes no representations whatsoever, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness or reliability of such third-party materials, programs and/or products displayed on our Products’ and Services’ platforms or which You may access through a link on our Products’ and Services’ platforms. Your correspondence or any other dealings with such third parties found on our Products’ and Services’ platforms are solely between you and such third party. Accordingly, ‘ATPHIZYOM‘ EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT, MATERIALS, ACCURACY, AND/OR QUALITY OF THE INFORMATION, PRODUCTS AND/OR SERVICES AVAILABLE THROUGH OR ADVERTISED ON THESE THIRD-PARTY WEBSITES AND/OR APPLICATIONS.
The Products’ and/or Services’ platforms may contain links to other web products and/or services provided by other third parties (hereby, the “Linked Services”). The Linked Services are not under the control of ‘ATPHIZYOM‘ and ‘ATPHIZYOM‘ is not responsible for the contents of any Linked Services, including without limitation any link(s) to any website(s) or application(s) contained in a Linked Service, or any changes or updates to a Linked Service. ‘ATPHIZYOM‘ is providing these links to you only as a supplement to the ‘ATPHIZYOM‘ Products and/or Services, and the inclusion of any link(s) should not imply endorsement by ‘ATPHIZYOM‘ of the third-party products and/or services or any association with its operators beyond the endorsement of such third-party web products and/or services for the purpose of supplementing the ‘ATPHIZYOM‘ Products’ and/or Services’ platforms.
Certain products and/or services made available via the ‘ATPHIZYOM‘ Products’ and/or Services’ platforms may be delivered by third party services and organizations. By using any product, service or functionality originating from the ‘ATPHIZYOM‘ Products’ and/or Services’ platform domains, you hereby acknowledge and consent that ‘ATPHIZYOM‘ may share such information and data with any third party with whom ‘ATPHIZYOM‘ has a contractual relationship to provide the requested product, service or functionality on behalf of ‘ATPHIZYOM‘ Users and customers.
6. DISCLAIMER – NO WARRANTIES
You understand and accept that ‘ATPHIZYOM‘ cannot and does not guarantee or warrant that Products, Services and/or software available for downloading through our Products’ and Services’ platforms will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints on your personal computers, laptops, workstations and/or mobile devices to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Products’ and Services’ platforms for the reconstruction of any lost data.
YOU UNDERSTAND AND AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PRODUCTS’ AND SERVICES’ PLATFORMS. ‘ATPHIZYOM‘ PROVIDES THE PRODUCTS’ AND SERVICES’ PLATFORMS AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER. ‘ATPHIZYOM‘ SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITH REGARD TO THE WEBSITE, PRODUCTS, SERVICES, SOFTWARE, ANY INFORMATION AND/OR THIRD-PARTY INFORMATION AND/OR LINKS PROVIDED THEREON, ‘ATPHIZYOM‘ SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICES, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE PRODUCTS’ AND SERVICES’ PLATFORMS. ‘ATPHIZYOM‘ DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCTS AND SERVICES WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. ‘ATPHIZYOM‘ HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
IN NO EVENT WILL ‘ATPHIZYOM‘ BE LIABLE FOR ANY CLAIMS FOR DAMAGES (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL OR PARTICULAR DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE OF OR PERSONAL DEPENDENCE ON OUR PRODUCTS AND SERVICES.
You agree to indemnify, defend and hold harmless ‘ATPHIZYOM‘, its affiliates, and all of their respective officers, directors, employees, agents, licensors, attorneys, successors, and assigns from and against all claims, proceedings, injuries, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees and litigation expenses, relating to or arising from any breach or violation of this Agreement by You (including negligent or reckless conduct). Each of the above referenced individuals or entities reserves the right to assert and enforce these provisions directly against You, on their own behalf.
You further agree to indemnify, defend and hold harmless ‘ATPHIZYOM‘, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of or inability to use the Products’ and/or Services’ platforms, any User posting made by You, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ‘ATPHIZYOM‘ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with ‘ATPHIZYOM‘ in asserting any available defenses.
8. USER OBLIGATIONS
If you provide any false, inaccurate, untrue, or incomplete information, ‘ATPHIZYOM‘ reserves the right to terminate immediately Your access to and use of the Products and/or Services. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Products and/or Services. In addition, You acknowledge and agree that use of the Internet and access to or transmissions or communications with the Products’ and/or Services’ platforms is solely at your own risk. While ‘ATPHIZYOM‘ has endeavored to create secure and reliable Products’ and/or Services’ platforms, you should understand that the confidentiality of any such communications cannot be guaranteed. Accordingly, ‘ATPHIZYOM‘ is not responsible for the security, or any breach thereof, of any information transmitted to or from the Products’ and/or Services’ platforms. You agree to assume all responsibility concerning activities related to Your use of the Products’ and/or Services’ platforms, including but not limited to obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Products’ and/or Services’ platforms and its downloadable software, and maintaining or backing-up any data.
9. USER NAME & PASSWORD POLICY
Registration as an authorized ‘ATPHIZYOM‘ User for access to certain areas of the Products’ and/or Services’ platforms may require an ‘ATPHIZYOM‘ Account (hereby, the “Account”) with a corresponding User Name (hereby, the “User Name”) and Password (hereby, the “Password”). Only ONE authorized User can use ONE User Name and corresponding Password and Account. Multiple Accounts registered by the same individual or entity, AND/OR multiple individuals or entities using the same Account, are not permitted and may result in one, some or all accounts being closed by ‘ATPHIZYOM‘. By using the Products’ and/or Services’ platforms, you agree to keep your User Name and Password as confidential information. You also agree not to use another authorized User’s account. Should you become aware of any loss or theft of your password or any unauthorized use of your User Name and Password, you will immediately notify ‘ATPHIZYOM‘. ‘ATPHIZYOM‘ cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. ‘ATPHIZYOM‘ also reserves the right to delete or change (with notice) a User Name or Password at any time and for any reason. ‘ATPHIZYOM‘ will not be liable for any damages caused by the theft, or any unauthorized use of your User Name and Password, whether you reported it to ‘ATPHIZYOM‘ or not. If you use or access the Products’ and/or Services’ platforms, you are responsible for maintaining the confidentiality of your Account, User Name and Password and for restricting access to your mobile device, computer, laptop and/or workstation, and you further agree to accept responsibility for all activities that occur under your Account, User Name and Password. You may not assign or otherwise transfer your Account to any other person, User or entity. You acknowledge that ‘ATPHIZYOM‘ is not responsible for third party access to your Account that results from theft or misappropriate use of your Account. ‘ATPHIZYOM‘ and its associates reserve the right to refuse or cancel service, terminate Accounts, or remove or edit content in our sole discretion.
11. VOID WHERE PROHIBITED
Any offer for any products or services made on the Products’ and/or Services’ platforms is void where prohibited. Moreover, ‘ATPHIZYOM‘ makes no representations regarding the legality of access to or use of our Products’ and/or Services’ platforms, their content, Products, Services and/or software in any country. Although the Products’ and/or Services’ platforms may be accessible worldwide, not all features, products or services provided or offered through or on the Products’ and/or Services’ platforms are appropriate or available for use in all countries. ‘ATPHIZYOM‘ reserves the right to limit, in its discretion, the provision and quantity of any feature(s), product(s) or service(s) to any person or geographic area. If You access the Products’ and/or Services’ platforms from a jurisdiction where the Products and/or Services are prohibited, You are not allowed to do it and doing so is at Your own risk, and You are solely responsible for complying with all applicable local regulations. People under 18 years of age are not permitted to use the Products’ and/or Services’ platforms.
12. NO ADVICE
You acknowledge that neither the Products’ platforms nor the Services’ platforms are authorized to offer any legal, tax, accounting, financial or investment advice, or recommendations regarding suitability, profitability, investment strategy or other matter.
13. ENFORCING PRODUCTS’ & SERVICES’ PLATFORM SECURITY
Actual or attempted unauthorized use of the Products’ and/or Services’ platforms may result in criminal and/or civil prosecution. ‘ATPHIZYOM‘ reserves the right to view, monitor, and record activity on the Products’ and/or Services’ platforms without notice or permission from the User, including, without limitation, archiving notices or communications sent by You through the Products’ and/or Services’ platforms. In addition, ‘ATPHIZYOM‘ reserves the right, at any time and without notice, to modify, suspend, terminate or interrupt operation of or access to the Products’ and/or Services’ platforms, or any portion thereof, in order to protect the Products’ and/or Services’ platforms and/or ‘ATPHIZYOM’s‘ business.
14. NOTICE OF SECURITY BREACH
In addition to the indemnification obligation stated in these Terms of Service, if you become aware of a breach or potential breach of security with respect to any identifying personal information provided to or made available by ‘ATPHIZYOM‘, or any unauthorized hacking of the Products’ and/or Services’ platforms, you shall (i) immediately notify ‘ATPHIZYOM‘ of such breach or potential breach, (ii) assist ‘ATPHIZYOM‘ as reasonably necessary to prevent or rectify any such breach, and (iii) enable ‘ATPHIZYOM‘ to comply with any applicable laws requiring the report on a security breach which leads to any infringement related to identifying personal information.
15. TERM, TERMINATION & ACCESS RESTRICTION
These Terms of Service which govern Your right to use the Products and/or Services, will take effect at the moment you access or use the Products’ and/or Services’ platforms, and are effective until updated, or terminated as set forth below. This Agreement, or part of it, may be terminated by ‘ATPHIZYOM‘ without notice, at any time, and for any reason. In addition, ‘ATPHIZYOM‘ reserves the right at any time and on reasonable grounds, such as any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms of Service, or for any reason, to deny and/or terminate, without notice, your access to the Products’ and/or Services’ platforms and any other related services or any portion thereof , in whole or in part, in order to protect ‘ATPHIZYOM‘, its name and goodwill, its business and/or other authorized Users. Violation of any of these Terms of Service may result in an immediate ban by ‘ATPHIZYOM‘ from the Products’ and/or Services’ platforms of any User or Group found to have violated the Terms of Service. If you have been previously banned from the use of the Products’ and/or Services’ platforms, you are ineligible to sign-up for or to use the Products and Services or to view the Products’ and Services’ Content. By using the Products and/or Services platforms, you represent and warrant that you have not been previously banned by ‘ATPHIZYOM‘ to use our Products and/or Services. If the above happens, or if you fail to comply with these Terms of Service, the termination is subjected to the survival rights described below. You may also terminate this Agreement at any time by ceasing to use the Products’ and/or Services’ platforms, subject to the survival rights below. Termination is effective without notice. Upon termination, You must destroy all copies of any aspect of the Products’ and/or Services’ platforms that you have made and remove from Your possession all downloaded software from the Products’ and/or Services’ platforms.
The following provisions shall survive termination of the Terms of Service Agreement for any reason: Earnings & Income Disclaimer (§1), Proprietary Rights (§2), Limited License Grant (§3), License Restrictions (§4), Third Party Disclaimer (§5), Disclaimer – No Warranties (§6), Indemnification (§7), Governing Law & Dispute Resolution (§16), Miscellaneous (§17), Waiver & Severability (§18) and Equitable Remedies (§19).
16. GOVERNING LAW & DISPUTE RESOLUTION
These Terms of Service and all disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, interpreted, and construed in accordance with and subject to the laws of the Hong Kong Basic Law, which is a national law of the Hong Kong Special Administrative Region (SAR) and People’s Republic of China (PRC), without regard to its conflict of laws principles. The Parties (hereby collectively, the Company – ‘ATPHIZYOM‘, and the User – You) irrevocably agree to be subject to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region (SAR). Further, You (the “User”) hereby expressly consent to the non-exclusive personal jurisdiction of the courts of Hong Kong Special Administrative Region (SAR) with jurisdiction in Hong Kong Special Administrative Region (SAR) for any lawsuit filed there, or at any other legally governing jurisdiction internationally, against You (the “User”) by the Company (‘ATPHIZYOM‘), arising from or relating to this Agreement. Any cause of action or claim arising out of use of the Products’ and/or Services’ platforms must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred from being submitted.
The Parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or in connection with this Agreement. If the Parties fail to agree upon terms of settlement, either side may submit the dispute to confidential arbitration proceedings by the sole arbitrator(s) or arbitration tribunal appointed by the Hong Kong International Arbitration Centre (“HKIAC”) under the ICC (International Chamber of Commerce) ADR (Alternative Dispute Resolution) Rules, whose decision shall be final and binding. The arbitration proceedings shall be conducted in English, in Hong Kong Special Administrative Region (SAR) or another place agreed by all Parties. Without derogating of the provisions above, this clause explicitly sets exclusive jurisdiction to said arbitration process, and neither Party shall be entitled to submit any dispute to the courts of its domicile which contradicts said arbitration process.
The Products’ and Services’ platforms are controlled, operated and administered by ‘ATPHIZYOM‘ from within Hong Kong Special Administrative Region (SAR). The Products’ and Services’ platforms can be accessed from any country around the world. As each jurisdiction has laws that may differ from those of Hong Kong Special Administrative Region (SAR), by accessing our Products’ and Services’ platforms, you acknowledge and agree that all matters relating to the use of the Products’ and Services’ platforms shall be governed by the laws of Hong Kong Special Administrative Region (SAR), and the national law of the People’s Republic of China (PRC) applicable therein, without regard to its conflict of laws principles. Use of the Products’ and Services’ platforms may be unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including, without limitation, this section.
18. WAIVER & SEVERABILITY
‘ATPHIZYOM’s‘ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right under these Terms of Service or at law. ‘ATPHIZYOM‘ may assign its rights and duties under this Agreement to any party and at any time, without notice to the User. No failure or delay by a Party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If one or more of the provisions of these Terms of Service is ruled invalid or otherwise wholly or partially unenforceable by a court of competent jurisdiction, deemed void by law, or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the remaining provisions will continue in full force and effect. Any invalid or unenforceable portion should be construed as amended by the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, and shall put in place thereof an enforceable provision or provisions, or part thereof, that nearly as possible reflects the terms of the unenforceable provision or part thereof, in order to achieve as closely as possible the same effect as the Terms of Service as original drafted. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted, and all remaining provisions shall remain in full force and effect. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
19. EQUITABLE REMEDIES
I (HEREBY, THE “USER”) AGREE THAT IT WOULD BE IMPOSSIBLE OR INADEQUATE TO MEASURE AND CALCULATE THE COMPANY’S (HEREBY, ‘ATPHIZYOM’s‘) DAMAGES FROM ANY BREACH OF THE COVENANTS SET FORTH HEREIN. ACCORDINGLY, I AGREE THAT IF I BREACH ANY OF SUCH PROVISIONS, THE COMPANY WILL HAVE AVAILABLE, IN ADDITION TO ANY OTHER RIGHT OR REMEDY AVAILABLE, THE RIGHT TO OBTAIN AN INJUNCTION FROM A COURT OF COMPETENT JURISDICTION, LOCAL OR INTERNATIONAL, RESTRAINING SUCH BREACH OR THREATENED BREACH AND TO SPECIFIC PERFORMANCE OF ANY SUCH PROVISION OF THIS AGREEMENT. I FURTHER AGREE THAT NO BOND OR OTHER SECURITY SHALL BE REQUIRED IN OBTAINING SUCH EQUITABLE RELIEF AND I HEREBY CONSENT TO THE ISSUANCE OF SUCH INJUNCTION AND TO THE ORDERING OF SPECIFIC PERFORMANCE.
20. USE OF COMMUNICATION SERVICES
The Products’ and/or Services’ platforms may contain bulletin board services, sharing options, chat areas, groups, forums, communities and/or other message or communication facilities designed to enable you to communicate and broadcast with the public at large or with a group (collectively, the “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, you will not: defame, abuse, harass, bully, stalk, engage in conversations of a sexually explicit nature, engage in terror activities, 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 any files that contain software or other material protected by intellectual property laws (by rights of privacy or 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 a 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, without their consent; violate any applicable laws or regulations.
‘ATPHIZYOM‘ has no obligation to monitor the Communication Services. However, ‘ATPHIZYOM‘ reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ‘ATPHIZYOM‘ reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
‘ATPHIZYOM‘ 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 ‘ATPHIZYOM’s‘ sole discretion. Specifically, ‘ATPHIZYOM‘ may report communications regarding possible terror activities or communications of a sexually explicit nature to the authorities.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. ‘ATPHIZYOM‘ does not control or endorse the content, messages or information found in any Communication Service and, therefore, ‘ATPHIZYOM‘ specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ‘ATPHIZYOM‘ spokespersons, and their views do not necessarily reflect the views of ‘ATPHIZYOM‘.
‘ATPHIZYOM‘ allows users to share Content (Assets, Portfolios, User Profiles, Comments, Text Messages, News, Third-Party Links, etc.) among other ‘ATPHIZYOM‘ users. ‘ATPHIZYOM‘ users represent and warrant that all shared content on the ‘ATPHIZYOM‘ Products’ and/or Services’ platforms (the “Content”) adheres to the obligations set forth in this Agreement and acknowledges that ‘ATPHIZYOM‘ is NOT liable for any issue that may arise by such sharing of Content.
As a condition of your use of the Communication Services, you warrant to ‘ATPHIZYOM‘ that you will not use the Communication Service or Content for any purpose that is unlawful, including but not limited to, money laundering, and/or prohibited by these Terms of Service. You may not use the Communication Services in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Communication Services. You may not obtain or attempt to obtain any Content or other materials or information through any means not intentionally made available or provided for through the Communication Services. Any use of the Communication Services to spam other users, advertise or otherwise promote any object or person or entity through any means is STRICTLY PROHIBITED.
The Content (including any and all intellectual property posted on the Products’, Services’ and/or Communication Services’ platforms), may only be used and copied for your own, non-commercial, personal or educational use, provided that the Content is not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Content in any way. Unless otherwise agreed, any other use of the Communication Services or the Content without ‘ATPHIZYOM’s‘ written permission is prohibited.
Use of Communication Services – Users who have signed up and registered for an ‘ATPHIZYOM‘ Account have permission to share Content and communicate in the following manner: (i) Direct Messaging or Communication via “Chat” functions/features embedded within the Products’ and/or Services’ platforms; (ii) The Service and its contents (the “Content”) are intended only for users of ‘ATPHIZYOM‘. Users are allowed to share publicly Content that they have created using the ‘ATPHIZYOM‘ services or Content that has been made public by other users on the Products’ and/or Services’ platforms. You are prohibited from using the Communication Services or the Content for any purpose not related to the intended use of the Communication Services. Prohibited uses include, but are not limited to: (i) downloading, copying, or re-transmitting a portion or all of the Services or the Content, without, or in violation of, a written license or agreement with ‘ATPHIZYOM‘ or by other means than those allowed by the Communication Service to third-party social media accounts (assuming the Content is not altered in any way or maintains the appropriate watermark); (ii) using any type of data gathering or extraction methods; (iii) manipulating or otherwise displaying the Communication Services or the Content by using framing or similar navigational technology; (iv) registering, subscribing, unsubscribing, or attempting to register, subscribe or unsubscribe any party for any ‘ATPHIZYOM‘ Product(s) or Service(s) if you are not expressly authorized by such party to do so; (v) using the Communication Service or the Content other than for its intended purpose or for any unlawful purpose; (vi) using the Communication Service for any commercial purpose or for any commercial or non-commercial purpose which involves a public display; (vii) interfering with the security of, or otherwise abusing the Communication Services or any system resources, services or networks connected to or accessible through the Communication Services.
Users who upload Content represent and warrant the following: (i) Uploading User is the owner of the copyright to all Content submitted to ‘ATPHIZYOM‘; (ii) The Content does not violate any laws or the rights of any individuals or business entities including copyrights, trade secrets, privacy rights, and right to publicity; (iii) The Content has not been submitted with the intent to harass, threaten, bully, embarrass, or cause distress, unwanted attention, or discomfort upon another person or entity; (iv) The Content is not unlawful, discriminatory, libelous, slanderous, defamatory or sexually explicit. ‘ATPHIZYOM‘ may accept or reject any uploaded Content at its sole discretion.
All Content included as part of the Communication Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is the property of ‘ATPHIZYOM‘ or its suppliers or licensors/contributors and is protected by copyright and other laws that protect intellectual property and proprietary rights. Unless otherwise agreed, you agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such Content and will not make any changes thereto.
Unless otherwise agreed, you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Products’, Services’ and/or Communication Services’ platforms. ‘ATPHIZYOM‘ Content is not for resale. Your use of the Products and/or Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content without the express written permission of ‘ATPHIZYOM‘ and the copyright owner(s). You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ‘ATPHIZYOM‘ or our licensors except as expressly authorized by these Terms of Service.
‘ATPHIZYOM‘ will not resale the Content, unless otherwise provided in writing by the Content rights holder. Upon written request from the right’s holder of the Content, ‘ATPHIZYOM‘ shall discontinue its use of and license in the Content within a reasonable period of time and in a reasonable, practicable manner. ‘ATPHIZYOM‘ will not be responsible for the continued use of the Content (whether use by ‘ATPHIZYOM‘ negligence or the negligence of a third party) and the Content’s right’s holder’s only remedy for such continued use is to request, in writing, the Content’s discontinuance by the aggrieving party.
By uploading Content to the ‘ATPHIZYOM‘ Service and using any of the Communication Services on the Products’ and/or Services’ platforms, you understand your Content may be shared or used in any manner by ‘ATPHIZYOM‘ Users and/or other third parties. ‘ATPHIZYOM‘ has listed non-permissible uses herein, but claims no responsibility for any sharing of Content by Users with third-party organizations (including, but not limited to charity organizations and social networks), any misuse of the Content by the Users or any continued use of the Content by the Users in instances where you request ‘ATPHIZYOM‘ to discontinue use of the uploaded Content.
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 upload the materials.
21. THIRD PARTY ACCOUNTS
You may be able to connect your ‘ATPHIZYOM‘ Account to other ‘ATPHIZYOM‘ User(s) Accounts and/or your external third party account(s) to share both Content and the result of the use of Communication Services. By connecting your ‘ATPHIZYOM‘ Account to other ‘ATPHIZYOM‘ User(s) Accounts and/or your external third party account(s), you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on our Products’ and/or Services’ platforms with regards to those third party services). If you do not want information about you to be shared in this manner do not use this feature, or you can personally disable or restrict connection access to other User(s) and/or external third party accounts/services/applications, via the “Privacy Settings” feature within the Products’ and/or Services’ platforms.
22. INTERNATIONAL USERS
The Products’ and Services’ platforms are controlled, operated and administrated by ‘ATPHIZYOM‘ from our offices within Hong Kong Special Administrative Region (SAR). If you access the Products’ and Services’ platforms from a location outside Hong Kong Special Administrative Region (SAR), you are responsible for compliance with all local laws. You agree that you will not use the ‘ATPHIZYOM‘ Content accessed through the ‘ATPHIZYOM‘ Products’ and Services’ platforms in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
23. PURCHASE DETAILS
Users may make payment for ‘ATPHIZYOM‘ Products and/or Services through the Product and/or Service platforms’ encrypted payment gateway as prescribed on the Products’ and Services’ platforms. Any issues with purchasing should be directed towards the contact info found in the “Contact Us” section of these Terms of Service, or by contacting our support attendants via the support desk on our ‘ATPHIZYOM‘ Products’ and/or Services’ platforms.
24. THIRD PARTY RIGHTS
No one other than a Party to this agreement shall have any right to enforce any of its terms.
25. CHANGES TO TERMS
‘ATPHIZYOM‘ reserves the right, in its sole discretion, to change the Terms of Service under which the ‘ATPHIZYOM‘ Products & Service is offered. The most current version of the Terms of Service will supersede all previous versions. ‘ATPHIZYOM‘ encourages you to periodically review the Terms of Service to stay informed of our updates.
26. ELECTRONIC COMMUNICATIONS
Visiting and/or using the Products’ and/or Services’ platforms or sending e-mails or web-based messages to ‘ATPHIZYOM‘ constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and/or on the Products’ and/or Services’ platforms, satisfy any legal requirement that such communication be in writing.
‘ATPHIZYOM‘ welcomes your questions or comments regarding the Terms of Service: Contact Us.
Effective as of April, 3rd 2018