TERMS OF SERVICE
1. Description of Service, Acceptance of Terms, Modification
Everlasting Footprint (“Company”) provides users (“Users”) of the web pages located at www.everlastingfootprint.com (the “Site”) with a platform for connecting Users seeking to celebrate the lives of friends, family and others who have passed away. The platform supports communication by and between Users; the posting, linking to or uploading of User Content (defined below); and other features, functions or services on the Site (collectively, the “Service”). The Service may include web hosting for storing User Content, the creation of web pages for personalized profile web pages for deceased individuals (each, a “Footprint”), and the cataloging and indexing of User Content.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
Company may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
In addition, when using the Service, you and Company may be subject to any additional terms, guidelines or rules applicable to such services, which may be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement. Also, Company may offer other services from time to time that are governed by different terms of service.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including but not limited to the release of new Company properties, shall be subject to this Agreement.
3. License and Site Access
Company grants you a limited license to access and make personal use of the Site and the Service. You agree not to download (other than automatic page caching) or modify the Site, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the Site, the Service, or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Illegal and/or unauthorized use of the Site or Service, including collecting usernames, email addresses or User Content of other Users by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Site or other illegal purposes will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from posts or accounts without notice and may result in termination of membership privileges. Company will take appropriate legal action for any illegal or unauthorized use of the Site or the Service. The Site, Service, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, text, page layout, or form) of Company and our affiliates or other Users without express written consent, except as otherwise provided and made available through the Site or the Service. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site, provided that the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may use the Company logo or other proprietary graphic or trademark of Company as part of the link, subject to Company’s usage requirements and Company’s right to revoke such permission in its sole discretion.
4. Using the Service
a) You will receive a password and a username designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Certain Site features and Services may require a subscriber or registration fee to gain access. Users agree not to share their username and password with anyone. You agree to (i) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session, especially if you use a shared computer or other device. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
c) Company reserves the right to approve any application for a User account at any time for any reason with any conditions at the sole discretion of Company. Company reserves the right to terminate any User account at any time for any reason with any conditions at the sole discretion of Company.
d) Company may charge a fee, either on a one-time or subscription basis, for certain features, functionalities, benefits or services (“Premium Services”). You authorize Company, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees. You acknowledge that Company’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service, as may be stated elsewhere throughout the Site and Service. You agree to pay Company timely for any fees applicable to Premium Services you purchase or that are purchased through your account due plus all related taxes, and to reimburse us for all collection costs, including any collection agency and legal fees, and interest for any overdue amounts. You agree that Company may use all legal means available to collect unpaid fees should our attempts to process your fees fail for any reason. Except as required by law, all fees are nonrefundable. Payments and purchases may not be canceled by the user, except as required by law. Nonetheless, Company reserves the right but not the obligation to offer a refund or discount or other consideration (“Credits”) to Users at any time, and for any reason. The amount and form of such Credits, and the decision to provide them, are at Company’s sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate Company to provide Credits in the future, under any circumstance.
e) You may not use the Site for transactions that (1) show the personal information of third parties in violation of applicable law, (2) are false, deceptive, misleading, deceitful, misinformative, or constitute “bait and switch”; (3) employ misleading email addresses, forged headers or otherwise manipulate identifiers in order to disguise the origin of content transmitted through the Site; or (4) would violate securities laws, rules or regulations.
f) You may not use the Site or Service for activities or the promotion of content that relate to (1) your personal commercial activity or solicitation of other Users, (2) topics that encourage, promote, facilitate or instruct others to engage in illegal activity or present a risk to consumer safety, (4) the promotion of hate, violence, racial intolerance, or the financial exploitation of a crime, (5) topics that are considered obscene to a reasonable person, (6) topics that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (7) certain sexually oriented materials or services, or (8) certain firearms, firearm parts or accessories, ammunition, or weapons.
a) A Footprint is a permanent digital tribute designed to pay tribute to and celebrate people who have passed away. Footprints can be for friends, family and people you admire. A Footprint can be for an individual or a group, such as several people who passed away in a tragic event.
b) Footprints may be created by the Company, or by any User either alone (each, a “Creator”) or in collaboration with others (each, a “Collaborator”). A Creator can create a new Footprint for a deceased friend, family member or person such Creator admires. Creators create and manage Footprints using the Service’s pre-determined options and templates, and may invite other registered Users as Collaborators to edit, modify and contribute to the Footprint. Each Footprint may only be edited or modified by such Footprint’s Creator, Collaborators and the Company. To become a Collaborator, a User must either be invited by a Creator or contact a Creator through the Site and request an invitation. Subject to the terms of this Agreement and applicable laws and regulations, Creators have the final editing and modification power for Footprints they create.
c) As set forth in greater detail below, Footprints and other User Content must be owned or duly licensed by the person providing such content, and it may not be commercial or promotional in nature, and all content contained therein must be purely biographical, factual and not misleading in any way. The Company retains the right to remove all inappropriate, incorrect, infringing or otherwise unlawful content from Footprints and the Site in its sole discretion.
You agree to not use the Site or export any portion of the Site, including the User Content (defined below) in violation of U.S. laws or regulations. You also represent and warrant that you are not prohibited from receiving U.S. origin products, including services or software. You are responsible for adhering to all relevant local and national laws wherever you are.
7. Uploaded Content
Please choose carefully the words, information, content, messages, text, files, images, photos, video, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish, exchange, or display on the Site or through the Service and any such content that you provide or make available to other Users through the Site (collectively, “User Content”). You are responsible for all User Content, as set forth below.
Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and Company assumes no responsibility or liability for this material.
Company reserves the right, in its sole discretion, to reject, refuse to post or remove or modify any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Site and/or the Service at any time, for any or no reason, with or without prior notice, and without liability.
User Content shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and shall not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. Company has the right but not the obligation to remove or edit User Content, but does not regularly review User Content. Company takes no responsibility and assumes no liability for any User Content.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Site and the Service. Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Site or Service and terminating the membership of such violators. Prohibited User Content includes content that: (i) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as photographs, text, sound recordings, musical compositions and videos in which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (xi) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, or pyramid schemes; or (xii) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.
8. Intellectual Property
a) As between you and the Company, the Company is the owner of all intellectual property rights, including all copyrights, patents, trademarks, service marks, designs, logos and slogans associated with the Site and the Service, including all associated software, text, and graphics. You agree not to use any Company intellectual property without Company’s prior permission.
b) With respect to all User Content owned, duly licensed or lawfully possessed by you, you grant the Company a nonexclusive, irrevocable, worldwide, perpetual, unlimited, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, use and commercialize, in any way or media now known or in the future developed, including without limitation for the purposes of promoting and marketing the Company, any User Content you upload through the Service or to the Site or otherwise provide to Company.
c) With respect to User Content not owned, duly licensed or lawfully possessed by you, including but not limited to photographs, text, sound recordings, musical compositions and videos, the Company has the right to remove, delete or replace such Content promptly if it believes that it or you may be subject to any claim, proceeding or action for infringement or other liability.
a) You agree to abide by the terms of this Agreement, and to not use the Service to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Service; (ii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (iii) collect or store personal data about other Users; (iv) harass, abuse, or harm another person, or (v) in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.
b) Without limiting other remedies, Company and its affiliates may immediately warn Users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Service to you if: (i) you breach this Agreement or the documents it incorporates by reference; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us or our Users. Your membership will be terminated and you will be denied access to the Service if you breach this Agreement or any other agreement between you and Company in any way.
c) You are solely responsible for your interactions with other Users of the Site. Company reserves the right, but has no obligation, to monitor disputes between you and other Users.
10. Use & Storage
You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that User Content will be retained by or made available through the Service, the maximum disk space that will be allotted on Company’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Company has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the Service. You acknowledge that Company reserves the right to cancel accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. Third-Parties, Links and Syndication
Company may terminate this Agreement at any time for any reason. Sections that naturally would and should survive termination of this Agreement shall continue in full force and effect upon any termination of this Agreement.
13. Representations & Warranties
a) You represent and warrant that you have the full authority to act on your behalf and on behalf of any and all prior owners of any right, title and interest in and to any User Content you post, submit, transfer or link to.
b) You represent and warrant that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. You represent and warrant that you will abide by and comply with this Agreement and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein. If you are under 18 years of age, then please do not use the Site or Service. Your membership or access to the Site and Service may be deleted or blocked without warning if it is found that you are misrepresenting your age. Your membership is solely for your personal use, and you shall not authorize others to use your account. You represent and warrant that you will maintain only one User account at any given time.
c) You represent and warrant that you are solely responsible for all User Content posted, uploaded, published or displayed through your User account, including any messages, and for your interactions with other Users. You shall be solely responsible for your User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and/or warrant that: (i) no User Content or any use thereof by Company shall defame any third party or infringe upon or violate any other rights of any third party, including without limitation, any patent, trademark, copyright, trade secret right, contractual right, right of publicity or right of privacy; (ii) you own or have the necessary licenses, rights, consents, and permissions to transfer to Company all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content in the manner contemplated by these Terms of Service; (iii) you have the written consent, release, and/or permission of each and every identifiable individual person, or such person’s estate, heirs or assigns, in the User Content to use the name or any likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Service; and (iv) you have fully paid any and all license fees or royalties which may be due to any person or entity which may be due pursuant to your submission of any and all User Content.
d) You represent and warrant that you shall not act in any manner, or post or upload any User Content, that conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.
e) You represent and warrant that your use of the Site and Service shall be in compliance with any applicable laws, rules and regulations of any governmental authority.
f) You represent and warrant that you will not use the Service to upload, post, link to, email, transmit, or otherwise make available 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 any telecommunications equipment.
The views expressed on the Site or through the Service are not the views of Company. You acknowledge that any reliance on any opinion, advice, statement, or information available on the Site or the Service is at your sole risk. The Site and the Service contain views, opinions, statements, and recommendations of third-party individuals and organizations, and Company does not represent or endorse the accuracy, correctness, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site or the Service. Company makes no warranty as to the quality, accuracy, completeness, and validity of any materials on the Site or the Service and does not warrant that the functions contained on the Site will be uninterrupted or error-free, or that defects will be corrected. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY 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. COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY IS NOT INVOLVED IN ANY ACTUAL COMMUNICATION BETWEEN USERS AND THEREFORE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY USER CONTENT OR ANY FORM OF COMMUNICATION BETWEEN USERS. COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR SUCH CONTENT OR COMMUNICATIONS. ANY RELIANCE ON USER CONTENT OR COMMUNICATION BETWEEN USERS WILL BE AT YOUR OWN RISK. COMPANY CANNOT GUARANTEE THAT USERS ARE WHO THEY CLAIM TO BE. YOU SHOULD BE AWARE THAT THERE ARE RISKS OF DEALING WITH INDIVIDUALS ONLINE, INCLUDING RISKS OF PHYSICAL HARM AND FALSE PRETENSES. USER CONTENT AND CONDUCT MAY BE OFFENSIVE, HARMFUL, INACCURATE, MISLABELED OR DECEPTIVE. YOU ASSUME ALL RISKS DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH THE SERVICE AND RELEASE COMPANY AND ITS AFFILIATES FROM CLAIMS, ACTIONS, DEMANDS, PROCEEDINGS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO ANY DISPUTE YOU HAVE WITH USER(S).
15. Indemnification, Limited Liability
a) You hereby indemnify and hold harmless, and upon Company’s request, defend, Company and its affiliates (and their respective directors, officers, employees and contractors) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or (ii) any allegation that any User Content provided, uploaded, syndicated, linked to or authorized by or on behalf of you hereunder or Company’s or any User’s use thereof violates or infringes the rights of another party. You will reimburse Company and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 15, provided that Company attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. Company shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Company’s request. Company shall have the right, at its expense, to participate in the defense thereof under your direction.
b) EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION IN SECTION 15(a), AND EXCEPT FOR A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES IN SECTION 13, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, OR $25.00.
16. Applicable Law
This Agreement and the relationship between you and Company shall be governed and interpreted in accordance with the laws of the State of New York and the United States of America, without giving effect to any choice of law or conflict of law provisions that would cause the application of any other state’s or nation’s laws.
ARBITRATION: THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to this Agreement or to your use (or inability to use) of the Site shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by the terms of this Agreement. To the extent that the arbitrator deems reasonable, the arbitrator may conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the County of New York, State of New York. The arbitrator’s decision shall be based upon the substantive laws of the State of New York without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. The foregoing shall not preclude the Company from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property and other proprietary rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in the County of New York, State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
17. Waiver of Class Action
YOU AND THE COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY AND ALL PARTIES TO ANY SUCH PROCEEDING.
Company may provide general notices from time to time by displaying notices or links to notices to you generally on the Service. Alternatively, notice may consist of an email from Company to an email address associated with your account. Except as explicitly stated otherwise, any notices to Company shall be sent by certified mail, return receipt requested, to Everlasting Footprint, 200 Broadway, New York, NY 10038 USA. Notice shall be deemed given three (3) days after the date of mailing. You acknowledge and agree that Company shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
19. Copyright Infringement
Company respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company’s copyright agent with the following information (“Notice”): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to Company at:
New York, NY 10038
Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed.
b) The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
c) If any provision of this 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 Agreement remain in full force and effect.
d) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e) The section titles in this Agreement are for convenience only and have no legal or contractual effect.
EFFECTIVE DATE: June 17, 2014