Copyrights, Intellectual Property and Trademark

  1. Digital Millennium Copyright Act.

We reserve the right to remove any material that is or may be infringing upon any third party’s rights at any time, without prior notice to you. We also reserve the right to terminate your access to the Website, at any time without prior notice to you, for repeat violations. By using and/or uploading any material to the Website, you warrant and represent that any and all intellectual property rights of a third party, including, but not limited to, any such rights pursuant to registered or unregistered copyrights, trademarks, patents, trade secrets, or any other proprietary information, whether it be at common law, by statute or under the terms of DMCA, as amended, are not being infringed thereby.

 

Additionally, by uploading, publishing, modifying, or displaying material to the Website, you automatically grant, and further warrant and represent that you have the right and/or necessary licenses, to grant, us an irrevocable, worldwide, perpetual, non-exclusive, transferable, fully sub-licensable license to copy, distribute, reproduce, publicly perform or display, reformat, transmit, translate, create derivative works of or incorporate into other works such material for any purpose on or in connection with the Website, or the promotion thereof. You also grant us the non-exclusive right to access your material through the Website, and to use, reproduce, distribute, perform or display your material as permitted through the functionality of the Website.

 

If you believe that your work has been copied on or through the Website in a way that may constitute copyright infringement, you may submit a notification to our designated Copyright Agent containing the following information:

 

  • Your name and email address;
  • A description of the copyrighted work alleged to have been infringed;
  • A description of where the alleged infringing material is located on the Website;
  • A statement expressing your good faith belief that the alleged use in question is not authorized by the rightful copyright owner, its authorized agent, or law;
  • A signature (electronic or physical) of the person authorized to act on behalf of the rightful owner of the copyrighted material; and
  • A statement made under penalty of perjury, that the above information listed in your DMCA notification is truthful and accurate, and that you are the rightful owner or are authorized to act on behalf of the rightful copyright owner.

 

 

Pursuant to the DMCA, we may reinstate material if we receive a counter notification from the provider of the removed material. If you are the provider of the removed material, you may submit a counter notification that must include the following:

 

  • The URL relating to the material that we removed or disabled access to;
  • Your name, address, telephone number and email address;
  • A statement saying that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or [Place Jurisdiction] if your address is outside of the United States), and that you will accept service of process from the person or authorized agent who provided the initial DMCA notification to take down the material;
  • A statement expressing your good faith belief, under penalty of perjury, that the material removed or disabled was the result of a mistake or misidentification of the material to be removed or disabled, or that the exact material identified by the person or authorized agent who sent the initial DMCA notification has been removed or disabled at the identified URL and will be no longer shown; and
  • A signature (electronic or physical) by you or your authorized agent/representative.

 

FOR DMCA NOTIFICATIONS AND COUNTER NOTIFICATIONS ONLY:

Copyright Agent:

[NAME]

[Number]

[Fax]

[Email]

 

Non-copyright inquiries will not be addressed by the Copyright Agent.

 

Please note that you, and you alone, will be liable for any damages (including attorney’s fees and costs) if you materially represent that your material and/or activity is not infringing upon the copyrights of others. If you are not sure if your material and/or activity constitute copyright infringement, please consult an attorney

 

  1. Our Intellectual Property Rights.

All rights, title and interest in and to the Website, including all material, content, organization, graphics, compilation, look, design, and other matters related to the Website are owned by (or licensed to) us, and are protected under applicable copyright, trademark, patent and other proprietary rights, both at common law and through registration. The copying, redistribution, modification, selling, use, publication, exploitation (commercial or otherwise), or creation of derivative works based on the Website, in whole or part, is strictly prohibited, except as provided by applicable law. You acknowledge and agree that your use of the Website does not grant you any ownership to any material, content, or data that you may access by or through your use of the Website.

          3. Trademarks

The trademarks, logos, service marks and trade names (“Trademarks”) displayed on or through the Website are either common law trademarks or registered trademarks owned by us or other third parties. Additionally, other product, company, and/or names mentioned on the Website may be trademarks of their respective owners. Such Trademarks may not be used in connection with products and/or services that are not related to, associated with, or sponsored by us or their applicable rights holders in a manner that is likely to cause consumer confusion, or that discredits, tarnishes, dilutes, or disparages the Website, us, or the applicable rights holders. You acknowledge and agree that nothing contained herein or on the Website shall be construed as granting you, by implication or otherwise, any license or right to use any Trademarks displayed on the Website without our, or the applicable rights holder’s, prior written consent. Any misuse of the Trademarks displayed on or through the Website is strictly prohibited.

 

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