|
User Agreement - ILoveYourCompany.com, Inc.
This user agreement was last updated on January, 31 2010.
Welcome to ILoveYourCompany.com, Inc., a site where you read and write
reviews on companies, schools, people, and more. You can also ask and answer
questions and mingle with other users.
By using the ILoveYourCompany.com, Inc. Services which are owned and operated
by ILoveYourCompany.com, Inc. Inc. ("ILoveYourCompany.com, Inc.", "us" or "we")
and by accessing the ILoveYourCompany.com, Inc. site located at
www.ILoveYourCompany.com, Inc..com (the "Site"), and all linked pages owned and
operated by ILoveYourCompany.com, Inc., you agree to be bound by this User
Agreement ("User Agreement"), as well as any other guidelines, rules and
additional terms referenced herein, and all such guidelines, terms and rules are
hereby incorporated herein by this reference.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOUR ACCESS TO OR USE OF THE
ILOVEYOURCompany.COM, INC. SERVICE CONSTITUTES YOUR ACCEPTANCE OF ALL THE
PROVISIONS OF THESE TERMS OF SERVICE. IF YOU ARE UNWILLING TO BE BOUND BY THESE
TERMS OF SERVICE, DO NOT ACCESS OR USE THE ILOVEYOURCompany.COM, INC. SERVICE.
If you are using the Site on behalf of your employer, you represent that you are
authorized to accept these Terms on your employer's behalf.
Changes in Terms of Use
We reserve the right to modify this User Agreement from time to time. If we
modify this User Agreement, we will indicate that we have done so on the site.
Use of the site constitutes your acceptance of the modified User Agreement.
This User Agreement covers following topics in detail:
- Registration and Security
- Information Provided on this Website
Eligibility
You must be 13 or over to register as a member of ILoveYourCompany.com, Inc.
or use the ILoveYourCompany.com, Inc. Site and Services. If you do not qualify,
do not use the Service. Your ILoveYourCompany.com, Inc. Service membership is
void where prohibited by applicable law, and the right to access the
ILoveYourCompany.com, Inc. Site is revoked in such jurisdictions. By using the
ILoveYourCompany.com, Inc. Site and/or Services, you represent and warrant that
you have the right, authority, and capacity to enter into these Terms of Service
and to abide by all of the terms and conditions set forth herein.
Registration and Security
In order to use or access most of the ILoveYourCompany.com, Inc. Services,
you are required to register with ILoveYourCompany.com, Inc. and select username
(which shall consist of an email address) and password. If you register, you
agree to provide ILoveYourCompany.com, Inc. with accurate, complete, and updated
registration information. Failure to do so shall constitute a breach of these
Terms of Service, which may result in immediate termination of your account. You
may not enter, select or use a false name or an email address owned or
controlled by another person with the intent to impersonate that person.
ILoveYourCompany.com, Inc. reserves the right to refuse registration of, or
cancel a User-ID in its discretion. You shall be responsible for maintaining the
confidentiality of your password and are fully responsible for all activities
that occur under your User ID and password. Any User-ID and password provided to
you for your access to the ILoveYourCompany.com, Inc. Service shall be for your
personal use only. You agree to immediately notify ILoveYourCompany.com, Inc. of
any unauthorized use of your User-ID or password.
Use of the Site/Services by Members
Subject to the restrictions on use and on posting set forth in this
Agreement, you may use the ILoveYourCompany.com, Inc. website to solicit reviews
from, and share reviews with other users; search the ILoveYourCompany.com, Inc.
database for reviews and business contact information; forward reviews to people
you know; invite people you know to join ILoveYourCompany.com, Inc.. You may not
copy or distribute any portion of the ILoveYourCompany.com, Inc. Site and/or
Service for any purpose not authorized above without the express written
permission of ILoveYourCompany.com, Inc.. ILoveYourCompany.com, Inc. does not
control the Content posted by third parties via the ILoveYourCompany.com, Inc.
Service, including the content of any messages or reviews, and does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the ILoveYourCompany.com, Inc. Service you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances
will ILoveYourCompany.com, Inc. be liable in any way for any Content, including
any errors or omissions in any Content, or any loss or damage of any kind
incurred as a result of your use of any Content. You are responsible for
complying with all laws applicable to the Content you submit via the
ILoveYourCompany.com, Inc. Service. You agree that you must evaluate and bear
all risks associated with the use of any Content, including any reliance on the
content, integrity, and accuracy of such Content.
User Conduct
You understand and agree not to use ILoveYourCompany.com, Inc. to:
- Modify, adapt, translate, or reverse engineer any
portion of the ILoveYourCompany.com, Inc. Site and/or ILoveYourCompany.com,
Inc. Service
- Post content or initiate communications which are
unlawful, libelous, abusive, obscene, discriminatory, or otherwise
objectionable.
- Use any robot, spider, site search/retrieval
application, or other automated device, process or means to access, retrieve
or index any portion of the ILoveYourCompany.com, Inc. Site and/or
ILoveYourCompany.com, Inc. Service for the purpose of constructing or
populating a searchable database of Business/People/Educational Institute
reviews.
- Create user accounts by automated means or under false
or fraudulent pretenses.
- Create or transmit unwanted electronic communications
such as "spam" to other users or members of the ILoveYourCompany.com, Inc.
Site and/or ILoveYourCompany.com, Inc. Service or otherwise interfere with
other user's or member's enjoyment of the ILoveYourCompany.com, Inc. Site
and/or ILoveYourCompany.com, Inc. Service.
- Upload, post or email any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment.
- Use any device, software or routine that interferes with
the proper working of the ILoveYourCompany.com, Inc. Site and/or
ILoveYourCompany.com, Inc. Service.
- Harass anyone through ILoveYourCompany.com, Inc.
service.
- Upload, post, transmit, share, store or otherwise make
available any content that we deem to be harmful, threatening, unlawful,
defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene,
fraudulent, invasive of privacy or publicity rights, hateful, or racially,
ethnically or otherwise objectionable.
- Take any action that imposes, or may impose in our sole
discretion, an unreasonable or disproportionately large load on our IT
infrastructure.
- Use the ILoveYourCompany.com, Inc. Site and/ or
ILoveYourCompany.com, Inc. Service, intentionally or unintentionally, to
violate any applicable local, state, national or international laws.
- Collect or store personal data about other users in
connection with the prohibited activities described in this paragraph.
Eligibility
You must be 13 years of age or older to register as a member of
ILoveYourCompany.com, Inc. or use the Site and any related services. If you do
not qualify, you must not attempt to register or use the site in any way. By
using the Site, you represent and warrant that you have the right, authority,
and capacity to enter into this User Agreement and to abide by all of the terms
and conditions set forth herein.
Registration and Security
To access or use parts of the Site, you may be required to register by
creating an account and providing information about yourself to
ILoveYourCompany.com, Inc.. You are solely responsible for maintaining the
confidentiality of any passwords that you create in connection with the Site,
and you are solely responsible for all use including unauthorized use) of your
account. You agree to notify ILoveYourCompany.com, Inc. immediately of any
unauthorized use of your account. ILoveYourCompany.com, Inc. reserves the right
to close your account at any time for any or no reason.
User Content
Subject to the restrictions on use and on posting set forth in this
Agreement, you may use the Site to solicit reviews from other users; and share
reviews with other users; search the ILoveYourCompany.com, Inc. database for
reviews and business contact information; forward reviews to people you know;
and invite people you know to join ILoveYourCompany.com, Inc.. You are solely
responsible for any content that you upload, publish or display (hereinafter, “post”)
on or through the Site, transmit to or share with other users (“User
Content”). ILoveYourCompany.com, Inc. reserves the right to modify or
remove, at its sole discretion, any User Content.
By posting User Content to any part of the Site, you automatically grant, and
you represent and warrant that you have the right to grant, to
ILoveYourCompany.com, Inc. an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to
use, copy, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part) and distribute such User Content for any purpose on or in
connection with the Site or the promotion thereof, to prepare derivative works
of, or incorporate into other works, such User Content, and to grant and
authorize sublicenses of the foregoing. You may remove your User Content from
the Site at any time. If you choose to remove your User Content, the license
granted above will automatically expire.
You represent and warrant that your User Content is free of libel or other
unlawful material, including matter that may be construed as invasion of
privacy, violation of a right of publicity, copyright, patent, or trademark
infringement, and/or misappropriation of trade secret or any other right of a
person or party. You also represent and warrant that all necessary licenses and
consents have been obtained for the unrestricted use of your User Content on the
Site.
Use of the Site
You may not copy or distribute any portion of the Site for any purpose not
authorized herein without the express written permission of ILoveYourCompany.com,
Inc.. ILoveYourCompany.com, Inc. does not control the User Content posted by its
users, including the content of any messages or reviews, and
ILoveYourCompany.com, Inc. does not guarantee the accuracy, integrity or quality
of such User Content. You understand that by accessing the Site, you may be
exposed to User Content that is offensive, indecent or objectionable. Under no
circumstances will ILoveYourCompany.com, Inc. be liable in any way for any User
Content, including any errors or omissions in any User Content, or any loss or
damage of any kind incurred as a result of your use of any User Content.
Your use of the Site, including all User Content you submit, is subject to all
applicable local, state, national and international laws and regulations. You
agree that you must evaluate and bear all risks associated with the use of any
Content, including any reliance on the content, integrity, and accuracy of such
Content.
Restrictions on Use
You agree that you will not (and will not permit others to):
- use the Site to post any false or misleading User
Content, including writing or soliciting “shill” reviews;
- use the Site to threaten, stalk, defraud, incite,
harass, or advocate the harassment of another person, or otherwise interfere
with a User's enjoyment of the Site;
- use the Site to transmit or post spam, chain letters,
contests, junk email, pyramid schemes, surveys, or other form of solicitation
or mass messaging, whether commercial in nature or not;
- use the Site to post any User Content that victimizes,
harasses, degrades, or intimidates an individual or group of individuals on
the basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
- use the Site to post or collect any private information
of any third party, including, without limitation, addresses, phone numbers,
email addresses, Social Security numbers and credit card numbers;
- use the Site to violate 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;
- use the Site to transmit or post illegal materials,
including material that is pornographic or obscene;
- use the Site in connection with the solicitation of
personal information from minors;
- use the Site in violation of the User Agreement or any
applicable local, state, national or international law;
- reverse engineer, modify, adapt, appropriate, reproduce,
distribute, translate, create derivative works of, publicly display, sell,
trade, or in any way exploit the Site;
- remove any copyright, trademark or other proprietary
rights notices contained on the Site or in any Site Content;
- use any robot, spider, site search/retrieval
application, or other automated device, process or means to access, retrieve
or index any Site Content or information from the Site;
- attempt to gain unauthorized access to the Site, User
accounts, computer systems or networks connected to the Site through hacking,
password mining or any other means; use the Site or any Site Content to
transmit any viruses, worms, defects, Trojan horses or other items of a
destructive nature; or use any device, software or routine that interferes
with the proper working of the Site, or otherwise attempt to interfere with
the proper working of the Site; or
- use the Site to post any content that, in our sole
judgment, is objectionable or which restricts or inhibits any other person
from using or enjoying the Site, or which may expose ILoveYourCompany.com,
Inc. or its users to any harm or liability of any type.
Termination
The Company may terminate your membership, delete your profile and any
content or information that you have posted on the Site and/or prohibit you from
using or accessing the Site (or any portion, aspect or feature of the Site) for
any reason, or no reason, at any time in its sole discretion, with or without
notice.
User Disputes
We are not responsible for your interactions with other ILoveYourCompany.com,
Inc. users. We reserve the right, but have no obligation, to monitor disputes
between you and other users. In the event of any dispute, you agree to release
ILoveYourCompany.com, Inc. and its officers, directors, employees and affiliates
from any and all claims, demands and damages of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way connected with such dispute.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information about the Site (“Submissions”), provided by you to
ILoveYourCompany.com, Inc. are non-confidential and shall become the sole
property of ILoveYourCompany.com, Inc.. ILoveYourCompany.com, Inc. shall own
all right, title and interest, including all intellectual property rights, in
Submissions, and shall be entitled to the unrestricted use and dissemination of
these Submissions for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Links to Other Websites and Content
The Site contains (or you may access through the Site) links to other web
sites (“Third Party Sites”) which may contain articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, software and other content belonging to or originating from third
parties (the “Third Party Content”). Such Third Party Sites and
Third Party Content are not investigated, monitored or checked for accuracy,
appropriateness, or completeness by ILoveYourCompany.com, Inc., and
ILoveYourCompany.com, Inc. is not responsible for any Third Party Sites accessed
through the Site or any Third Party Content linked or posted through the Site,
including without limitation the content, accuracy, offensiveness, opinions,
reliability, legality, or policies of or contained in the Third Party Sites or
the Third Party Content. Inclusion of or linking to any Third Party Site or any
Third Party Content does not imply approval or endorsement thereof by
ILoveYourCompany.com, Inc.. If you decide to leave the Site and access the
Third Party Sites, you do so at your own risk and you should be aware that our
terms and policies no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any site to which
you navigate from the Site.
Privacy
Use of the ILoveYourCompany.com, Inc. Site and/or the ILoveYourCompany.com,
Inc. Service is also governed by our
Privacy Policy,
a copy of which is currently located at http://www.ILoveYourCompany.com,
Inc..com/static/privacy.html.
Disclaimers
ILoveYourCompany.com, Inc. is not responsible or liable in any manner for any
User Content or Third Party Content offered through, linked to or posted on the
Site. ILoveYourCompany.com, Inc. does not control and is not responsible for
what users contribute to the Site and is not responsible for any offensive,
inappropriate, obscene, unlawful or otherwise objectionable content you may
encounter on or in connection with your use of the Site. ILoveYourCompany.com,
Inc. is is not responsible for the conduct, whether online or offline, of any
user of the Site.
YOU UNDERSTAND AND AGREE THAT THE ILOVEYOURCompany.COM, INC. SERVICE IS PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS. ILOVEYOURCompany.COM, INC. EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ILOVEYOURCompany.COM, INC. MAKES NO WARRANTY THAT (i) THE ILOVEYOURCompany.COM,
INC. SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE ILOVEYOURCompany.COM, INC.
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE ILOVEYOURCompany.COM, INC. SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ILOVEYOURCompany.COM,
INC. SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED. The Site may be temporarily unavailable from time to time
for maintenance or other reasons. ILOVEYOURCompany.COM, INC. assumes no
responsibility 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, user communications or User Content.
Under no circumstances will ILOVEYOURCompany.COM, INC. be responsible for any
loss or damage, including any loss or damage to any User Content or personal
injury or death, resulting from anyone’s use of the Site, any User Content or
Third Party Content linked to or posted on or through the Site, or any
interactions between users of the Site, whether online or offline.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
ILOVEYOURCompany.COM, INC. SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
ILOVEYOURCompany.COM, INC. OR THROUGH OR FROM THE ILOVEYOURCompany.COM, INC.
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ILOVEYOURCompany.COM, INC. BE LIABLE TO YOU ON
ACCOUNT OF (i) ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THIS SITE OR ANY
USER CONTENT, (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SITE, OR (iii) YOUR
INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION
OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION
OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA ARISING
FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER
SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, (EVEN IF ILOVEYOURCompany.COM, INC. OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF
ILOVEYOURCompany.COM, INC. OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED
$100. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY
LAW.
Some jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages so some of the above limitations may not
apply to you.
Indemnity
You agree to indemnify and hold ILoveYourCompany.com, Inc., its subsidiaries
and affiliates, and each of their directors, officers, agents, contractors,
partners and employees, harmless from and against any loss, liability, claim,
demand, damages, costs and expenses, including reasonable attorney’s fees,
arising out of or in connection with any User Content you provide,, any Third
Party Content you link to, post or share on or through the Site, your use of the
Site, your conduct in connection with the Site or with other users of the Site,
or any violation of this User Agreement or of any law or the rights of any third
party.
Miscellaneous
Entire Agreement. This User Agreement and the Privacy Policy
constitute the entire agreement between you and ILoveYourCompany.com, Inc. with
respect to the subject matter hereof and supersede and replace all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter.
Waiver and Severability of Terms. The failure of ILoveYourCompany.com,
Inc. to exercise or enforce any right or provision of this User Agreement shall
not constitute a waiver of such right or provision. Any waiver of any provision
of this User Agreement will be effective only if in writing and signed by
ILoveYourCompany.com, Inc.. If any provision of this User Agreement is found by
a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties’ intentions as
reflected in the provision, and the other provisions of this User Agreement
remain in full force and effect.
Statute of Limitations. You and ILoveYourCompany.com, Inc. agree that
any cause of action arising out of or related to this Site must commence within
one (1) year after the cause of action arose; otherwise, such cause of action is
permanently barred. Some jurisdictions may prohibit the shortening of the time
period in which a cause of action must be brought. In all such jurisdictions,
the applicable time period shall be the minimum allowed by law.
Choice of Law and Forum. This Agreement shall be governed by and
construed in accordance with the laws of the State of Massachusetts, excluding
its conflict of law provisions. You and ILoveYourCompany.com, Inc. agree to
submit to the exclusive jurisdiction of the state and federal courts of [San
Mateo] County, Massachusetts.
Arbitration. Any claim, dispute or controversy arising out of or in
connection with or relating tothis User Agreement or the breach or alleged
breach thereof or your use of the Site shall be submitted by the parties to
arbitration by the American Arbitration Association (“AAA”) in [CITY],
Massachusetts, United States of America under the AAA’s commercial rules then in
effect. The foregoing notwithstanding, nothing in this paragraph shall be
deemed as preventing ILoveYourCompany.com, Inc. from seeking relief from the
courts as necessary to protect its intellectual property rights, and no decision
of any arbitrator shall be binding in such event. The award rendered by the
arbitrators shall include costs of arbitration, reasonable attorneys’ fees and
reasonable costs for expert and other witnesses, and judgment on such award may
be entered in any court having jurisdiction thereof.
Contact and Violations
Please contact us
with any questions regarding this User Agreement. Please report any violations
of this User Agreement to
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
.
Copyright Complaints
If you are a copyright owner or an agent thereof and believe that any User
Content or other content infringes upon your copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by
providing our copyright agent with the following information in writing (see 17
U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
- Identification of the copyrighted work claimed to have
been infringed;
- 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;
- Information reasonably sufficient to permit us to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
- A statement that you have 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 you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed
infringement is: Copyright Agent, ILoveYourCompany.com, Inc., Inc.,
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
,
Inc..com. For clarity, only DMCA notices should go to the Copyright Agent; any
other feedback, comments, requests for technical support, and other
communications should be directed to ILoveYourCompany.com, Inc. at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
,
Inc..com. You acknowledge that if you fail to comply with all of the
requirements of this section, your DMCA notice may not be valid.
If you believe that content or a submission of yours that was removed (or to
which access was disabled) is not infringing, or that you have the authorization
from the copyright owner, the copyright owner’s agent, or pursuant to the law,
to post and use such content or submission, you may send a counter-notice
containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or
to which access has been disabled and the location at which the content
appeared before it was removed or disabled;
- A statement that you have a good faith belief that the
content was removed or disabled as a result of a mistake or a
misidentification of the content; and
- Your name, address, telephone number, and email address,
a statement that you consent to the jurisdiction of the federal court in Santa
Clara County, Massachusetts, and a statement that you will accept service of
process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of
the counter-notice to the original complaining party informing that person that
the removed content may be replaced or no longer disabled in 10 business days.
Unless the copyright owner files an action seeking a court order against the
content provider, member or user, the removed content may be replaced, or access
to it restored, in 10 to 14 business days or more after receipt of the
counter-notice, at our sole discretion.
|
