Ownership and Feedback
- Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Covered Sites (and all graphics, layout design, text, images, audio, video, designs, artwork, trade- and service marks, data, domain names, "look and feel" and any other materials making up any past, present, or future versions of the Covered Sites) are owned by Company or Company's licensors. The provision of the Covered Sites does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.
- If you provide Company any feedback or suggestions regarding the Covered Sites ("Feedback"), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use, reproduce, license, distribute, and otherwise commercialize such Feedback and related information in any manner it deems appropriate without any attribution or compensation to you. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary or that you know (i) is a trade secret or is subject to a patent, copyright, or other intellectual property claim or right of any third party or (ii) is subject to open-source or other license terms that seek to require any products incorporating or derived from such Feedback to be licensed to or otherwise shared with any third party.
- License. Subject to the terms of this Agreement, Company grants you a non-transferable, non-exclusive, revocable license to use the Covered Sites for your personal, noncommercial use, including to install and use software that Company may from time to time make available for mobile devices ("Apps"), in executable object code format only, solely on your own handheld mobile device(s) and for your personal, noncommercial use. For the avoidance of doubt, Apps are deemed part of the Covered Sites.
- Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Covered Sites; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Covered Sites; (c) you shall not access the Covered Sites in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Covered Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Covered Sites shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Covered Sites content must be retained on all copies thereof.
- Open Source Software. Certain items of independent, third-party code that are subject to open source licenses ("Open Source Software") may be included in an App. Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.
- Application Store. You acknowledge and agree that the availability of an App may be dependent on the third-party distribution channel from which you received the App, e.g., the Apple iOS App store ("Application Store"). You acknowledge that this Agreement is between you and Company and not with the operator of the Application Store. Each Application Store may have its own terms and conditions to which you must agree before downloading the App from it. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable terms and conditions of the applicable Application Store.
- Modification/Discontinuance. Company reserves the right, at any time, to modify, suspend, or discontinue the Covered Sites or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Covered Sites or any part thereof.
User Content. "User Content" means any and all information and content that a user submits to or posts on the Covered Sites (e.g., photos, audio, video, messages, text, files, or other content you provide us). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at anytime. As described below, Company has no obligation to host or store your User Content and may delete it at any time. You are solely responsible for creating backup copies of your User Content if you desire. Under no circumstance will Company be liable for any inaccuracy or defect in any User Content.
- License. You remain the owner of your User Content, but you acknowledge that Company must have a license from you in order to accept your User Content. Accordingly, you hereby grant (and you represent and warrant that you have the right to grant) to Company and its direct and indirect parents, affiliates, subsidiaries, production partners, successors in interest, licensees, and assigns, and each of their principals, officers, directors, shareholders, members, agents, representatives and employees (each a "Company Party" and, collectively, the "Company Parties") an irrevocable, nonexclusive, royalty-free and fully paid, worldwide, sublicensable and transferable license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any purpose in all formats and on or through any medium, technology, or device now known or hereafter developed. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution you may have with respect to your User Content (even if such User Content is altered or changed in a manner not agreeable to you) and you consent to the actions or inaction of any Company Party that may otherwise constitute an infringement of your moral rights.
- Acceptable Use Policy. The following sets forth Company's "Acceptable Use Policy" for the Covered Sites:
You agree not to post, submit, email, or otherwise make available User Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harmful to minors in any way;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals, including, without limitation, on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that is inappropriate for display in a public forum;
- that is false, deceptive, misleading, deceitful, misinformative, constitute "bait and switch" or impersonation of any person or entity, including impersonating any Company employee or representative;
- that solicits donations or contains your own or any third party's advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- restricts or inhibits any other user from using and enjoying the Company sites or the Company services offered on them;
- that includes your or any other person's personal information, such as telephone number, street address, last name, URL or email address;
- that is a "cut and paste" of private messages from other users;
- that re-broadcasts any User Content that violates this Agreement; or
- that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Covered Sites to:
upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
- interfere with, disrupt, or create an undue burden on servers or networks connected to the Covered Sites or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the Covered Sites, other computer systems or networks connected to or used together with the Covered Sites, through password mining or other means;
- tamper with any copyright protection mechanisms applicable to content on any Covered Sites;
- introduce software or automated agents or scripts to the Covered Sites so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Covered Sites (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials.
- Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your account, and/or reporting you to law enforcement authorities. If Company elects to modify User Content, Company nonetheless assumes no responsibility for the User Content. You agree that Company has no obligation to monitor or enforce your intellectual-property rights to your User Content, but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that Company will not have any obligation to you with regard to User Content and that Company may or may not monitor, display, or accept your User Content and may delete it at any time.
- Other Users. Each Covered Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Covered Site users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Covered Site user, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content that may be derogatory, and Company has no obligation to monitor or delete any such User Content.
You agree to indemnify and hold each of the Company Parties harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Covered Sites, (b) your User Content (or any information or material transmitted through your user account, computer, or device, even if not submitted by you), (c) your violation of this Agreement or any misrepresentation made by you; (d) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE COVERED SITES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND THE COMPANY PARTIES EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. NO COMPANY PARTY MAKES ANY WARRANTY THAT THE COVERED SITES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEM OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS. THE COMPANY PARTIES ASSUME NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE COVERED SITES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN ANY ACTIVITIES ON THE COVERED SITES OR DOWNLOADING MATERIALS. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK.
Limitation on Liability & Release
WITHOUT LIMITING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION (i) ANY INJURY, LOSS, DAMAGE, OR DEATH TO/OF PERSONS OR PROPERTY OR (ii) ANY LOST PROFIT OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES) ARISING FROM OR RELATING TO: (A) THIS AGREEMENT; (B) YOUR USE OF, OR INABILITY TO USE, THE COVERED SITES; (C) USER CONTENT; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE COVERED SITES; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) DISPUTED AMONG COVERED SITE USERS; OR (G) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE AND EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF A COMPANY PARTY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING OR RESTRAINING ANY EXPLOITATION OF THE COVERED SITES OR ANY WEBSITE, PROPERTY, PRODUCT, OR SERVICE OWNED OR CONTROLLED BY THE COMPANY PARTIES (INCLUDING ANY FILM, TELEVISION OR OTHER AUDIOVISUAL PRODUCTION).
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE COVERED SITES IS TO STOP USING THE COVERED SITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY PARTIES' COLLECTIVE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE COVERED SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) TEN US DOLLARS ($10) OR (B) AMOUNTS YOU'VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY) FOR USE OF THE COVERED SITES OR ANY PRODUCTS/SERVICES PURCHASED THEREON. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
Membership & User Registration
Certain areas of the Covered Sites may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Covered Sites, you agree to provide only true, accurate, current, and complete information. You agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights. We reserve the right to terminate your account or otherwise deny you access in our sole discretion without notice and without liability.
Some features or portions of the Covered Sites may require you to pay a fee, such as subscription services or when you make a purchase from a Covered Site. Regardless of the service or product you purchase, you agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
You may also be offered an opportunity to purchase third party products or services or enter third party promotions or loyalty programs through a Covered Site. These transactions are solely between you and the third party. You agree that we and our affiliates will have no liability, obligation, or responsibility for any transaction between you and any third party (even if we participate in a revenue share arrangement with the third party), including cancelations, refunds, returns, and other sales policies. You acknowledge that certain third party providers of products and services may require your agreement to terms and conditions different from or in addition to these Terms prior to use of or access to their products or services. We disclaim any and all responsibility or liability arising from such agreements between you and the third party providers.
Third Party Sites & Ads
The Covered Sites might contain links to third party websites and services and advertisements for third parties or other third-party content. In addition, content and products offered by the Covered Sites might be made accessible via applications and technologies supplied by third parties with whom we have contracted (all of the preceding collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under the control of Company and Company is not responsible for any Third Party Sites & Ads. Company provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you follow a link to a Third Party Site & Ad, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
You may choose, at your sole and absolute discretion and risk, to use applications that enable interactions between the Covered Sites and a third-party website or online service (each, a "Social Application"), such as enabling you log into your user account on the Covered Site using your login credentials from a third-party service or to publicly "share" content from a Covered Site by posting it from your account on a social-networking service. By using any Social Application, you acknowledge and agree: (i) your use of a Social Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Company has not provided such information and (ii) your use of any Social Application is at your own option and risk and you will hold Company harmless for the sharing of information that results from your use of such Social Application. You must read all login boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on a Social Application.
The Covered Sites may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to view the Covered Sites, upload content to the Covered Sites, receive SMS or MMS messages from the Covered Sites, download applications to your mobile phone or access other content (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Company products or services (or those of Company's partners) for which you signed up. If you have registered for Mobile Features, you agree to notify Company of any changes to your mobile number or to update your account information to reflect any such change.
Sweepstakes, Contests & Promotions
Any sweepstakes, contests, or promotions ("Promotions") accessible through the Covered Sites may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such Promotions, you will become subject to those official rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable Promotion.
The information provided on the Covered Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Company controls and operates the Covered Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Covered Sites are appropriate for use or access in other locations. Anyone using or accessing the Covered Sites from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Covered Sites or any portion of the Covered Sites to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
Apps and other software related to or made available by the Covered Sites may be subject to United States export controls. Thus, no App or other software from the Covered Sites may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods or imposed applicable targeted sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any App or software related to the Covered Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Company grants you the revocable permission to link to the Covered Sites; provided, however, that any link to the Covered Sites: (a) must not frame or create a browser or border environment around any of the content on the Covered Sites or otherwise mirror any part of the Covered Sites; (b) must not create the false impression that Company is endorsing or sponsoring any third party or its products or services, unless Company has given the third party its prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise harm Company or its products or services (as determined by Company in its sole opinion); (d) must not use any Company trademark without the prior written permission from Company; (e) must not contain content that could be construed as distasteful, offensive, controversial, or otherwise objectionable (in Company's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to this Agreement. By linking to the Covered Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in this Agreement, Company reserves the right to prohibit linking to the Covered Sites for any reason in our sole and absolute discretion.
Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Covered Sites. We may (a) suspend your rights to use the Covered Sites (including your user account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Covered Sites in violation of this Agreement. Upon termination of this Agreement, your user account and right to access and use the Covered Sites will terminate immediately. You understand that any termination of your user account may (but will not necessarily) result in the deletion of your User Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your user account or deletion of your User Content. We reserve the right to investigate suspected violations of this Agreement and suspected violations may be referred to law enforcement authorities where appropriate. Any provision of this Agreement, which by its terms, ought to survive, shall survive termination of the Agreement.
Reporting Copyright and Other Intellectual-Property Violations
You may not use the Covered Sites for any purpose or in any manner that infringes the rights of any third party. Company encourages you to report any content on the Covered Sites that you believe infringes your rights. Only the intellectual-property rights owner or a person authorized to act on behalf of the owner can report potentially infringing content. If you have a good-faith belief that content on the Covered Sites infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512 ("DMCA"), our Covered Sites have designated an agent to receive notices of claims of copyright infringement. If you believe your copyright has been infringed, you may provide us with notice at the contact information below. To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (e.g. a URL);
- Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on a Covered Site contains your rights other than copyrights, please provide Company with at least the following information:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and
- accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the Covered Sites or a complaint regarding alleged violation of rights other than copyrights to Company's copyright agent, who can be reached as follows:
United Artists Media Group
1158 26th Street, #557
Santa Monica, CA 90403
Attn: Business and Legal Affairs
NOTE: The contact information for our designated agent provided in this section is for notices or complaints regarding potential copyright and infringement of other intellectual-property rights only.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
We may give notice to our users that we have received a notice of infringement by means of a general notice on our site, email to a user's email address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the Southern District of New York, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We have a policy of terminating access to our Covered Sites of any user who repeatedly infringes the proprietary rights of any third party.
Dispute Resolution/Governing Law. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Except for either party's claims of infringement or misappropriation of its intellectual-property rights by the other party, any and all disputes between you and Company arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Covered Sites.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR ARBITRATION. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
The arbitration will be governed by the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. For any claim where the total amount of the award sought is $10,000 or less, JAMS, you and Company must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS rules, and the hearing (if any) must take place in your choice of the following locations: San Francisco, CA, Denver, CO, or New York, NY. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of a party's intellectual-property rights shall be exclusively brought in the state and federal courts located in New York City, New York.
This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
- Entire Agreement/Waiver/Severability/Interpretation/Assignment. This Agreement constitutes the entire agreement between you and us regarding the use of the Covered Sites. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
- Contact Us: If you have any questions regarding this Agreement, you may contact us at email@example.com
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