Privacy Policy
Your privacy is important to First Phase Media. This privacy statement details information about the personal information that First Phase Media collects, and the ways in which First Phase Media uses that information.
This Privacy Policy describes how your personal information is collected, used, and shared when you visit, or make a purchase from, or submit your information to firstphasemedia.com (the “Site”).
Effective date: October 2021
First Phase Media Inc. ("us", "we", or "our") operates the https://www.firstphasemedia.com website (the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://www.firstphasemedia.com.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally, identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Cookies and Usage Data
We may need to share your Personal Data with third parties, such as those required to fulfill our business services, including (but not limited to) payment verification, advertising delivery, and website hosting. Please refer to section ‘Service Providers’ for more information.
Usage Data
We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Personal data, such as visitor IP addresses, is collected from visitors on the site by using tracking technologies such as third-party cookies and non-cookie technologies.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
GDPR
If you are a European resident, under the General Data Protection Regulation, “GDPR”, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
CCPA
In compliance with the California Consumer Privacy Act of 2018, “CCPA”, our advertising partners, such as AdRoll (NextRoll) specify the CCPA categories of personal information collected from consumers in respect to their services. More information on this can be accessed here.
Use of Data
First Phase Media Inc. uses the collected data for various purposes:
- To provide and maintain the Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide client assistance support
- To provide analysis or valuable information so that we can improve the Service
- To monitor the usage of the Service
- To fulfill payment for paid subscription services
- To detect, prevent and address technical issues
- To share with the Company’s external service providers who assist us with our services and functions i.e advertising with Google Ads, NextRoll and StackAdapt
- To serve targeted advertising and for measurement and analytics purposes
- To personalize web content where applicable
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.
If you are located outside Canada and choose to provide information to us, please note that we transfer the data, including Personal Data, to Canada and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Should you wish to access more information on how your Personal Data is stored and transferred, please contact us via the details below.
First Phase Media Inc. take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure Of Data
Legal Requirements
First Phase Media Inc. may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of First Phase Media Inc.
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Service Providers
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services, or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
● Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Children's Privacy
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us:
By email: contact@firstphasecapital.com
By phone number: (604) 239-1286
By Mail: 2110 – 650 West Georgia Street, Vancouver, BC, V6B 4N8
Cookie Policy
At First Phase Media, we believe in being clear and open about how we collect data related to you. This Cookie Policy provides detailed information about how and when First Phase Media (collectively, “First Phase Media”, “Company”, “we” or “us”) use cookies and similar technologies, to recognize you when you visit our websites at www.firstphasemedia.com, and any associated subdomains or websites (collectively “Websites” and “Services”). This notice explains what these technologies are, why we use them, and your rights to control our use of them.
What are cookies?
Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites function, to work more efficiently, as well as to provide reporting information.
Cookies set by the operator of a website (in this case, First Phase Media) are called “first party cookies”. Cookies set by parties other than First Phase Media are called “third-party cookies”. Third-Party cookies enable third party features or functionality to be provided on or through the Website (for example advertising, interactive content, interaction with social media sites, and analytics). The parties that set these third party cookies can recognize your computer or mobile device both when you visit our Website, and also when you visit certain other websites.
Why do we use cookies?
We use first-party and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Website and Services to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies also enable us to track and target the interests of our users and to enhance the experience of our Service. Third parties serve cookies through our Websites for advertising, analytics and other purposes.
The specific types of first and third-party cookies served through our Websites and the purposes they perform are described below. Where the provider is listed as hyros.com or , the cookie is a first-party cookie served by us. All other cookies listed are served by third-parties, and the provider in each case is identified:
Use of local storage
Cookies are not the only way to store information on your computer or mobile device. First Phase Media stores additional information that is essential to the functionality of the Services in local storage. Local storage is similar to the storage of information in cookies, but never expires until our Services delete this information, or you delete it yourself. Please refer to the instructions specific to the type of browser you are using, or the specific mobile phone operating system you are using for instructions on how to delete local storage.
Other tracking technologies
Cookies are not the only way to track visitors to a website. First Phase Media and our third-party partners may use other similar technologies such as clear GIFs (also known as “tracking pixels” and “web beacons”). Clear GIFs are small graphics files that contain an identifier that recognizes when a user visits our Websites. This allows our third-party partners to monitor traffic patterns between websites, communicate with cookies, to understand if you have come from an advertisement displayed on a third-party Website, to monitor the success of marketing campaigns and to improve site performance. These technologies typically rely on cookies to function, so disabling cookies in your browser will impair their functionality.
How can I control cookies?
You have the right to decide whether to allow cookies when using our Websites and Services. Most browsers allow you to control cookies as part of their settings and preferences. Please refer to your specific browser for instructions on how to disable, limit and delete cookies.
The following links are provided for your convenience. Click on the relevant link below to access detailed information regarding cookie settings. Should your browser not be listed here, you should review the help pages for your specific browser to see what features are offered for adjusting your cookie settings:
- Microsoft Internet Explorer
- Google Chrome
- Safari
- Firefox
Note that if you disable, limit or delete cookies, our Websites may not function properly, and this may prevent you from using our Services.
Where can your find more information about cookies
You can learn more about cookies and the following third-party websites:
All About Cookies: http://www.allaboutcookies.org/
Network Advertising Initiative: http://www.networkadvertising.org/
Updates to this cookie policy
We may update this Cookie Policy from time to time, therefore revisit this page to stay informed about our use of cookies. The date at the top of this Cookie Policy indicates when it was last updated.
Terms & Disclaimer
Your privacy is important to First Phase Media. This privacy statement details information about the personal information that First Phase Media collects, and the ways in which First Phase Media uses that information.
PLEASE SCROLL DOWN AND CAREFULLY READ THE TERMS OF USE BELOW.
THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME (THIS “AGREEMENT”), SET FORTH THE TERMS OF YOUR USE OF THE “SERVICES” (DEFINED BELOW) OF FIRST PHASE MEDIA INC. (“FIRST PHASE,” “WE,” “US,” AND/OR “OUR”). THIS IS A BINDING CONTRACT BETWEEN “YOU”, AS A “USER” OF THE SERVICES (“YOU,” “YOUR,” AND/OR “USER”) AND FIRST PHASE, THE PROVIDER OF THE SERVICES. THIS AGREEMENT INCORPORATES BY REFERENCE ANY SPECIFIC TERMS OF SERVICE (INCLUDING THOSE OF ANY THIRD PARTY SERVICE PROVIDERS), AND ANY OTHER RULES OR GUIDELINES POSTED REGARDING OUR SERVICES (EACH, AN “ANNEX”), AS MAY BE AMENDED BY US FROM TIME TO TIME.
YOUR ACCESS, PURCHASE AND/OR USE OF ANY OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE (INCLUDING THOSE OF ANY THIRD PARTY SERVICE PROVIDERS). IF YOU DO NOT AGREE, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SERVICES. YOU MAY ALSO ELECT TO PURCHASE ADDITIONAL SERVICES FROM OUR AFFILIATES, THIRD PARTY PARTNERS (INCLUDING THOSE OF ANY THIRD PARTY SERVICE PROVIDERS), AND/OR OTHER THIRD PARTIES, WHICH MAY HAVE THEIR OWN TERMS OF USE AND/OR SERVICE AGREEMENTS, AND IT IS YOUR OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE TERMS OF USE AND/OR SERVICE AGREEMENTS OR OTHER RELATED TERMS AND CONDITIONS, AS WELL AS THIS AGREEMENT.
SOME OF THE SERVICES ARE DELIVERED ELECTRONICALLY, AND MAY INCLUDE ELECTRONIC TRANSACTIONS. BY ACCESSING AND/OR USING THE SERVICES, YOU AGREE THAT YOU WILL BE BOUND BY ANY ELECTRONIC SUBMISSIONS, COMMUNICATIONS OR TRANSACTIONS MADE USING YOUR “CREDENTIALS” (DEFINED BELOW), INCLUDING YOUR ACCEPTANCE OF THIS AGREEMENT, AND YOU CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US, INCLUDING, BUT NOT LIMITED TO, NOTICES OF CANCELLATION AND RENEWALS, POLICIES, CONTRACTS AND APPLICATIONS.
1. CHANGES TO THIS AGREEMENT
We reserve the right, in our sole discretion, to change, modify and/or revise this Agreement (including any Annex) at any time. Any such changes are effective immediately upon our posting of the amended Agreement or other notice to you. You agree that your continued use of the Services following such posting constitutes acceptance of the Agreement as amended. Note that when we add or modify a “Premium Service” (defined below), we may modify this Agreement with respect to such Premium Service. If you have the Agreement cached on a browser, the applicable Agreement is the most recent version of the Agreement that appears on a non-cached browser. You should review the Agreement on our “Platforms” (defined below) frequently.
2. THE SERVICES
The Services include our written and digital publications and materials, websites (including, but not limited to, firstphase.agency , mobile applications, social media accounts and all other online and other platforms (collectively, the “Platforms”), all “Content” (defined below) displayed on or delivered through the Platforms, and memberships (collectively, the “Services”). “Content” means data, information, research, e-letters, newsletters, digests, articles and blogs, news aggregate services, emails, images, graphs, videos, podcasts, webinars, conferences, books, audio (including, but not limited to, access to conference calls), software, analytic tools, and any visual, audial or digital content made available on or through a Platform.
3. DISCLAIMERS CONCERNING THE CONTENT WE PROVIDE
You acknowledge and agree to the following:
- First Phase is not an investment advisor. We do not provide personalized or individualized investment advice or advice that is tailored to the needs of any particular recipient. Any information provided as part of the Services is impersonal and not specific to any person’s investment needs. You acknowledge and agree that no Content published or otherwise provided as part of any Service constitutes a personalized recommendation or advice regarding the suitability of, or advisability of investing in, purchasing or selling any particular investment, security, portfolio, commodity, transaction or investment strategy. To the extent that any of the Content may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person;
- No statement or expression of opinion, or any other matter herein, directly or indirectly, is an offer or the solicitation of an offer to buy or sell the securities or financial instruments mentioned. While we believe the sources of information to be reliable, we in no way represent or guarantee the accuracy of the statements made herein. First Phase does not provide individual investment counseling, act as an advisor, or individually advocate the purchase or sale of any security or investment. You assume the entire cost and risk of any investing or trading you choose to undertake. You are solely responsible for making your own investment decisions;
- First Phase is NOT a registered investment advisor or dealer. Users should not view the Services as offering personalized legal or investment counseling. Investments discussed in the Services should only be made/considered after consulting with your investment advisor and only after reviewing the prospectus, other offering materials or financial statements of the issuer in question;
- The Content provided on our Platforms through the Services are not to be regarded as investment advice, but are for general informational purposes only. Investing involves risk, so caution must always be utilized. We cannot guarantee profits or freedom from loss. You assume the entire cost and risk of any investing or trading you may choose to undertake. You are solely responsible for making your own investment decisions. First Phase, and its representatives, personnel, principals, moderators, members, editorial staff, employees or independent contractors (collectively, “Our Representatives”), ARE NOT registered as securities broker dealers or investment advisors either with the U.S. Securities and Exchange Commission or with any securities regulatory authority in Canada or otherwise;
- None of Our Representatives will provide you with personalized advice regarding the value or suitability of, or advisability of investing in, purchasing or selling, any particular investment, security, portfolio, commodity, transaction, investment strategy or any other matter, and you further agree not to request or contact us for such advice;
- From time to time the Services provide the opinion and commentary of Our Representatives, as well as well as opinion and commentary of third parties that are not controlled by First Phase, including, but not limited to, interviewees, guests, analysts and other third-party Content providers (collectively, “Outside Contributors”), as well as opinions and commentary provided in the products and services of our affiliates. The Services may contain opinions and commentary with regard to investments that may differ from opinions and commentary provided by and in other Services, Outside Contributors and/or our affiliates. The Services and/or Content are not to be used or construed as a recommendation or offer to buy or sell, or a solicitation of an offer to buy or sell, any security, company, financial product or instrument, or to participate in any particular investment strategy, by any of the “First Phase Entities” (defined below) or any third party. The Services and all Content are for informational purposes only and are not intended to provide you with tax, legal, investment or accounting advice. None of First Phase Entities shall be liable for any investment decisions based upon or results obtained from the Services and/or Content. Trading in investments involves risk and volatility, and any of the investments discussed in the Services may lose their value after purchase. Past investment results are not necessarily indicative of future performance;
- Although we have certain trading restrictions for Our Representatives relating to investments or securities that are recommended in the Services, from time to time, one or more Outside Contributors or their affiliates may have a position in the investment or securities written about in the Services. In cases where the position is held at the time of publication, Outside Contributors may make a related disclosure; however, First Phase has no duty or obligation to investigate or determine whether Outside Contributors or their affiliates hold a position in an investment or security written about in the Services or to ensure that Outside Contributors make any such disclosure. In addition, Outside Contributors may be subject to certain restrictions on trading for their own account. In addition, certain of Our Representatives and other persons from our affiliates may, from time to time, have positions in, or buy or sell, the investments, securities or derivatives thereof that are referenced in the Content and may take positions inconsistent with the views expressed therein;
- Where Services and/or Content provided by First Phase consists of pricing or performance data, such data has been obtained from third-party sources reasonably believed to be reliable. However, the accuracy, completeness or timeliness of any such data or data calculations are not guaranteed by the “Third-Party Providers” (defined below) of such data or by First Phase, or any other third party. You acknowledge and agree that we do not have control over the quality, accuracy, completeness, veracity or legality of Content provided by Third-Party Providers and Outside Contributors;
- From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. As markets change continuously, previously published information and data may not be current and should not be relied upon;
- When U.S., Canada, international, cryptocurrency and/or other similar exchanges are open, any quotes that we may provide through our Platforms are delayed (other than those obtained through any real-time quote services we make available to users of certain Services). When such exchanges are not open, quotes are only current as of the close of the last day of trading. You acknowledge and agree that neither First Phase nor any Third-Party Provider of these quotes or related data shall be liable to you or any third party for any damage or loss resulting from your reliance or trading on the quotes, information or data contained or referenced in the Content or Services;
- To the extent any of the Services involve a model portfolio of investments, such portfolio provides investment ideas and/or provides information regarding investments, and is chosen by Our Representatives or Outside Contributors in accordance with our or their stated investment strategy and is for informational purposes only. Your actual results may differ from results reported for the portfolio for many reasons, including, but not limited to, trading commissions or pricing differences due to timing of a purchase or sale of an investment in the portfolio; and
- The information, research and opinions and other Content that First Phase provides as part of the Services are obtained or derived from sources believed to be reliable, but we cannot guarantee their accuracy and completeness nor the opinions based thereon. You should not rely solely upon such information, research and opinions for purposes of transacting securities or other investments, and you are encouraged to conduct your own research and due diligence, and to seek the advice of a qualified investment professional before you make any investment. None of the information provided as part of our Services constitutes, or is intended to constitute, a recommendation by us of any particular security or other investment or trading strategy or a determination by us that any security or other investment or trading strategy is suitable for any specific person. Investing in securities or other investments, including those chosen in any of the other Services, is speculative in nature and involves substantial risk of loss of the money invested.
4. CONTENT
We reserve the right to change, modify or discontinue any Content or any portion or feature of the Services. Such changes may include, but are not limited to, adding or removing particular Outside Contributors or Our Representatives, ceasing to provide access to a Service (and/or providing an alternative Service to you as a replacement), or changing the terms of engagement for a Service. We may make these changes or modifications at our sole discretion, either temporarily or permanently, at any time or from time to time, with or without notice to you. You agree that First Phase shall not be liable to you or any third party for any such change or modification of the Content and/or Services and that your continued use of the changed or modified Content and/or Services, and/or continued access to the changed or modified Content and/or Services, constitutes your acceptance of any such changes or modifications.
Certain Content or other features of the Services may also have their own specific terms and conditions that you agree to when you sign up for, or use, that particular product, function, or service (“Specific Terms of Service”). Specific Terms of Services may be described in an Annex to this Agreement and/or may be provided to you through the Services at the time you elect to sign up for, or use, that particular Service. Each Specific Terms of Service supplements and is made part of this Agreement, but if any term of this Agreement expressly conflicts with any term of a Specific Terms of Service, the conflicting term in the Specific Terms of Service will control but only with respect to the applicable Service. All other terms and conditions in both this Agreement and the Specific Terms of Service will remain in force.
5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (AND ANY RELATED CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT PROVIDED BY OUTSIDE CONTRIBUTORS) IS SOLELY AND ENTIRELY AT YOUR OWN RISK AND THAT THE SERVICES (AND ANY RELATED CONTENT) ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FIRST PHASE, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OUTSIDE CONTRIBUTORS, THIRD-PARTY PROVIDERS, CONTRACTORS, SUPPLIERS, LICENSORS, ADVERTISERS AND AGENTS (COLLECTIVELY, THE “FIRST PHASE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
THE FIRST PHASE ENTITIES DO NOT WARRANT AND ACCEPT NO LIABILITY THAT YOUR USE OF THE SERVICES AND/OR ANY CONTENT OBTAINED THEREBY WILL BE COMPLETE, ADEQUATE, TIMELY, ACCURATE, UNINTERRUPTED, ERROR- FREE OR SECURE, OR THAT THE SERVICES OR THE SERVERS ON WHICH THE SERVICES ARE HOSTED ARE FREE OF VIRUSES, WORMS, MALICIOUS CODE, TROJAN HORSES, MALWARE OR OTHER HARMFUL COMPONENTS. THE FIRST PHASE ENTITIES DO NOT WARRANT AND ACCEPT NO LIABILITY FOR ANY SOFTWARE DOWNLOADED FROM, OR USED AS A COMPONENT OF, THE SERVICES. NO OPINION, ADVICE OR STATEMENT OF THE FIRST PHASE ENTITIES, WHETHER PROVIDED THROUGH THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY. FIRST PHASE FURTHER DISCLAIMS ALL WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, AND FIRST PHASE DOES NOT MAKE ANY GUARANTEE OR WARRANTY AS TO ANY RESULTS (INCLUDING, BUT NOT LIMITED TO, ANY INVESTMENT RESULTS, PROFITS, LOSSES, RETURNS, PERFORMANCE OR OTHER OUTCOMES) THAT MAY BE OBTAINED FROM THE USE OF, IN CONNECTION WITH OR IN FULL OR PARTIAL RELIANCE UPON, THE SERVICES.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.
6. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE FIRST PHASE ENTITIES ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, EQUITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT PROVIDED BY OUTSIDE CONTRIBUTORS, FOR ANY LOST PROFITS, DIMINUTION OF VALUE, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE OR LOSS OF DATA, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT THE FIRST PHASE ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING, BUT NOT LIMITED TO, DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD-PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. YOU AGREE THAT, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL FIRST PHASE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION — WHETHER IN CONTRACT, EQUITY, TORT OR OTHERWISE — EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR ACCESS TO AND USE OF THE SERVICES DURING THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
The commencement of any action or proceeding on any claim regarding the Services must be brought by you within one (1) year from when the claim arose. The foregoing limitation shall not apply to actions brought against you for indemnification.
7. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the First Phase Entities, their current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims (including, but not limited to, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from:
- Your breach of your warranties, representations and obligations under this Agreement;
- Your failure to perform in accordance with this Agreement;
- Your use of the Services in any way other than its normal way or in a way not required or recommended by us;
- Your violation of the rights of any third party;
- Your registration or use of a User Account; or
- the actual or alleged infringement of any third-party proprietary or intellectual property right arising out of the unauthorized use of the Services.
If any Service which is subject to this indemnity is claimed, alleged or determined to infringe a patent issued to, or a copyright registered by, or either owned by or licensed to, any third party, First Phase shall have the right and option to modify the Services to avoid such infringement. If, in our sole opinion, such modification cannot practicably be accomplished to avoid such infringement, we shall have the right to terminate this Agreement without liability on the part of any First Phase Entity to you. In the event your purchase of a Premium Service is terminated under this paragraph, we will refund to you the full price for any unused portion of such Premium Service. In such an event, First Phase shall have the right in our sole discretion to elect to defend against or to settle any such third-party claim or third-party suit. You shall, at First Phase’s request, but at our expense, cooperate with us and provide assistance and information with respect to any such claim or suit. We shall have the right to select counsel, at our expense, to defend against any such claim or suit. If you shall also elect to be represented by your chosen counsel, you shall pay the fees and expense of such counsel. You must receive First Phase’s prior written consent regarding, and in advance of, any related settlement.
This defense and indemnification obligation shall survive this Agreement and your use of the Services.
8. THIRD-PARTY PROVIDERS & THIRD-PARTY SITES
First Phase may retain affiliates and/or other third-party service providers to assist or support us in providing the Services (including, but not limited to, any security, technology, support, legal, compliance, administrative or similar function), and to assist with marketing and business development (including, but not limited to any merchandise referral programs) (each a “Third-Party Provider”).
The Services may contain links to third-party websites, advertisers, products, content, information, services or other events or activities that are not owned or controlled by First Phase (collectively, “Third-Party Sites”). We do not endorse or assume any responsibility for any such Third-Party Site. If you access a Third-Party Site via a link on the Platform, the inclusion of any link to a Third-Party Site on the Platform does not imply that we endorse such Third-Party Site, and your access and/or use of the link and the Third-Party Site is done at your own risk. A Third-Party Site may have its own service agreement or other related terms and conditions, and it is solely your obligation to review, accept and abide by those service agreements or other related terms and conditions. You expressly agree that First Phase is not responsible or liable in any way for (i) the availability or accuracy of any such Third-Party Sites or (ii) the content, terms and conditions, policies, advertising, practices or products of any such Third-Party Sites. Additionally, your dealings with or participation in the promotions of any advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that First Phase shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
9. GOVERNING LAW; VENUE
This Agreement is governed under the laws of the Province of British Columbia and the federal laws of Canada applicable therein, and you agree that any judicial proceeding, suit or other action relating to or arising under this Agreement, the Services or a breach of any User’s User Data, will be commenced only in a court of competent jurisdiction located in the City of Vancouver, in the Province of British Columbia. You consent to the personal and exclusive jurisdiction of such court and waive the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or forum non conveniens, or to otherwise seek a change of venue. You agree to waive the right to trial by jury in any action that takes place relating to or arising under this Agreement or the Services. You also agree to waive the right to file a class action claim relating to or arising under this Agreement or the Services.
In the event you bring a claim against First Phase in a foreign jurisdiction (a court other than in Toronto, Ontario), First Phase will move the court to dismiss such claim per your acceptance of this Agreement existing at the time of your purchase of, use of, or access to the Services and your continued use of the Services as evidence of acceptance of the Agreement and this Section.
The parties agree that the foregoing obligation is independent from all other obligations herein. You acknowledge that, in the event you commence a judicial proceeding in any court other than the courts in Vancouver, British Columbia as described herein, First Phase may incur costs and expenses, including attorneys’ fees, to enforce this provision. You expressly agree that you will reimburse First Phase for any such costs and expenses, including, but not limited to, attorneys’ fees incurred by us within ten (10) days of receiving a written demand from us for such reimbursement. You further agree that if you do not timely reimburse First Phase as previously described in this Section, you will be responsible for, and agree to pay, all costs and expenses, including, but not limited to, attorneys’ fees incurred by us in seeking to collect or recover from you the amount subject to reimbursement.
First Phase Media Brand Attribution Guidelines
First Phase Media news and information is of the highest quality and editorial integrity, and the First Phase Media name and brand is a distinguishing mark of excellence. The First Phase Media Brand Attribution Guidelines are part of your agreement with First Phase Media and ensure that you are able to easily leverage the strength of our brand. Capitalized terms used in these First Phase Media Brand Attribution Guidelines have the same meaning as in your agreement.
Maintain Copyright Notices
You may not remove or conceal any copyright, trade mark or other proprietary notice included with or incorporated into any item of Content provided in a First Phase Media Service.
Credit Content to Reuters or a Third Party Provider
Except as set forth below, if any item of Content delivered by First Phase Media carries a First Phase Media credit or a Third Party Provider credit, and you reproduce a substantial part of such item in your Client Property, you must clearly and prominently display a credit to First Phase Media or the relevant Third Party Provider. Reproduction of a “substantial part” shall mean use of any item of Content by incorporating it into the Client Property as it was provided by First Phase Media or by making only insubstantial alterations to it.
If you are using Content from a First Phase Media Service as a source of facts, figures, statements, quotes, background material and/or other portions of text and combining it with non-First Phase Media provided material to create original news stories, you will give reasonable attribution to First Phase Media or the relevant Third Party Provider as the source material within your finished news story.
Unless explicitly mentioned in your agreement, you are not required to credit First Phase Media for video or live video Content incorporated into your Client Property. However, credit to a Third Party Provider’s video may be required, as specified in the accompanying asset Restrictions.
Attribution to Individuals and Content Details
Where any picture or graphic is attributed to any individual (in addition to First Phase Media or any Third Party Provider), you must clearly and prominently display such attribution (for example, REUTERS/Jane Doe, where “Jane Doe” is the name of the photographer).
Where any text story is used in the Client Property substantially as it was provided to you, you will maintain the original First Phase Media dateline and author attribution (i.e., the byline) that appears together with the story.
Translation of the Content
If you translate the Content from the original language in which it was provided, you will identify you have made the translation.
COMPENSATION DISCLAIMER - 2021 (Last Updated: 10.16.2021)
Pursuant to an agreement between First Phase Media and LOVE Pharma, First Phase is being paid $121,000 CAD for coverage on LOVE Pharma, for a period from October 1, 2021 to November 1, 2021. We may buy or sell additional shares of LOVE Pharma in the open market at any time, including before, during or after the Website and Information, to provide public dissemination of favourable Information about LOVE Pharma.
Pursuant to an agreement between First Phase Media and Tier One Silver, First Phase is being paid $126,000 CAD for coverage on Tier One Silver, for a period from March 1, 2022 to April 15th 2022. We may buy or sell additional shares of Tier One Silver in the open market at any time, including before, during or after the Website and Information, to provide public dissemination of favourable Information about Tier One Silver