Snapware: Legal

Legal Information

PRIVACY POLICY

Thank you for your interest in the website located at www.snapware.com (the "Website") owned, operated, licensed or controlled by Snapware Corporation (collectively "Snapware," "we," "our", or "us").

Your personal privacy is important to us. This Privacy Policy, effective November 1st, 2009, explains what personal information we collect every time you visit the Website, how we collect and how we use your personal information. Please read this Privacy Policy carefully, and if you have any questions, please feel free to contact us. By visiting the Website, you consent to the collection and use of your personal information as outlined in the Privacy Policy.

WHAT PERSONAL INFORMATION DO WE COLLECT? AND WHY?
General. We collect only personally identifiable information when users specifically and knowingly disclose to us. If you disclose your personal information, we will only store and use such information that we need to meet your requests and our legitimate business objectives. Except as set forth in this Privacy Policy, we do not trade, share, rent, sell or give away information concerning you to third parties.
Account Information. We do not require you to provide your personally identifying information in order for you to access, open or browse the Website. However, to use features on the Website we may require you to register to open a user account and provide personally identifying information about yourself. Under those circumstances, we may collect information including, without limitation, your name, email address and your profile photo.
Contact Information. We use your contact information to facilitate and improve your use of the Website and to comply with any requirements of law. We do not sell and will not divulge your email address to third parties other than as specified in this Privacy Policy without your permission unless we are legally entitled or obliged to do so. We may also use your email address or other contact information you provide us to contact you with regard to your account such as to send you Website-related information including updates or changes to the Website and to correspond with you about any questions or concerns you have brought to our attention. You may also receive automated messages regarding the Website and information about our products and services that we think will interest you. You may opt-out of receiving notifications from us by following the instructions contained in our e-mails. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Use or Privacy Policy.
Correspondence. If you contact us to provide feedback, comments or inputs or for any other reason, we may keep a record of that correspondence and collect your personal information to process your enquiries, respond to your requests and improve our services.
Your Access. If you supply us with your personal contact information, you may later access it, update it, modify it and delete any inaccuracies. Please note that we generally keep a copy of the previous personal contact information for our records. We aim to keep our information about you as accurate as possible. If you would like to review or change the details you have supplied us with, you may do so at any time by accessing your account on the Website. You may also choose simply not to provide your personal contact information at the point of collection; however, you will not be able to register.
Aggregated General Information. We may share aggregated general information about our Website with our corporate partners, investors, advertisers or others. Aggregate general information includes without limitation the number of users of the Website or the Services, revenue including payments by the users, usage statistics, user feedback. Aggregated general information does not include any personally identifying information that could be used to contact or identify you.
WHAT NON-PERSONAL INFORMATION DO WE COLLECT? AND WHY?
In many cases, we will automatically collect certain non-personal information about your use of the Website that includes, among other things, information concerning date and time of your visit, the pages of the Website that you visited, your path through the Website, your IP address, the type of browser and operating system you are using and, and the third-party web sites or advertisements linked to or from the Website that you visited. For this purpose, we may use cookies, clear gifs, frames, server log analysis and other technology. Information, pertaining to your visits to the Website, collected through these technologies will be anonymous unless you provide, or have provided, us with personal information. Any information collected through the use of these technologies will be handled according to this Privacy Policy.
We may use this information to improve the quality of the Website and to better understand how users interact with the Website. In addition, we use this information to comply with any requirements of law, or serve, or have a third party serve, specialized or relevant advertising content and/or recommendations to you on the Website or on a third party's website; and for internal purposes. We may also use this information for system administration and troubleshooting, ensuring user compliance with our terms of service, investigating security breaches and compiling anonymous non-personal information such as how many users visited the Website. Additionally, when you log into your Account, your system specifications such as operating system, system configuration, etc. may be collected by us for the purposes of analyzing and optimizing your experience and customer service.
HOW DO WE SHARE THE INFORMATION THAT WE COLLECT?
General
Personal information which we collect for a particular purpose will only be saved and used for that purpose, unless you have agreed to allow us to use it for some other purpose, as described in this Privacy Policy. We sometimes share non-personal information with third parties about our user base, but that information does not include any personally identifiable information. We may use the information we collect from you for the purpose of providing you with technical support, customer service, and account maintenance. We may also use information to learn what you like, tailor your experience accordingly, and to improve the Website and our other products.
Law Enforcement
We may disclose your personally identifiable information or otherwise use such information to communicate with you if required or permitted to do so by law or in the good-faith belief that such action is necessary to: (i) conform to legal requirements or comply with legal process or any governmental request; (ii) protect and defend the rights or property of Snapware or its affiliated companies, licensors or licensees; (iii) enforce the user agreements applicable to your use of the Website; or (iv) protect the personal safety or interests of Snapware employees, other users of the Website, or members of the public in urgent circumstances. We may also disclose any of your personal information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by applicable law, or, as we deem necessary in our sole discretion, in order to protect the legitimate legal and business interests of Snapware.
EXTERNAL LINKS AND ADVERTISEMENTS

The Website may contain third-party advertisements and links to other websites. These other sites and advertisements maintain their own policies regarding cookies and the collection and use of personal information. We assume no responsibility or liability for the actions of such third parties with respect to their collection or use of your information. We encourage you to read the privacy policies of every website that you visit through a link on the Website.

CHILDREN'S PRIVACY

The Website complies with the Children's Online Privacy Protection Act and all other applicable laws and regulations protecting children's privacy on the Internet. The Website is not directed to children under the age of 18 and we do not allow persons under eighteen (18) years of age to create user accounts. Therefore, except as may be required by law, the Website does not knowingly collect, maintain, or disclose any personal information from children under the age of 18. If you are under the age of 18, please do not: (i) access or use the Website, (ii) create or attempt to create an account on the Website, or (iii) sign up for any subscription service.

INFORMATION FOR PARENTS/GUARDIANS

As a parent or guardian you can request Snapware to remove personal information of your child that was submitted without your consent or by misrepresenting his or her age. At your request, we will take reasonable steps to remove such information from our database. All such requests should include the same user name, password, and e-mail address that your child submitted and should be sent to consumeraffairs@snapware.com.

SECURITY

We offer secure web pages to collect certain kinds of user information and we store certain kinds of data in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures implemented by our Website reduce the likelihood of security problems to a level appropriate to the type of data involved. We employ physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of any personal contact information. If you have any questions regarding which measures and techniques we use, feel free to contact us.

CHANGE OF CONTROL

In the event that another company acquires all or substantially all of the assets related to the Website, or if we experience some other change of control event such as merger, insolvency, bankruptcy or receivership, we reserve the right to include any or all user-related information among the assets transferred to the acquiring company. We do not guarantee that any entity receiving such information in connection with any of these transactions will comply with all the terms of this policy.

CHANGES TO PRIVACY POLICY

This Privacy Policy is subject to change without notice. We may change our policy at any time by posting a new version of it on the Website. Please check the Website regularly for information about revisions to this Privacy Policy. In the event that we change our Privacy Policy, such changes will affect all of the information we collect after any such change. If you object to the change to our Privacy Policy, then you must contact us in writing regarding your objection.

QUESTIONS AND COMMENTS

If you have any questions or comments about this Privacy Policy, you may contact us at consumeraffairs@snapware.com.

WEBSITE TERMS OF USE

Welcome to the Snapware website located at www.snapware.com (the "Website") that is owned, operated and controlled by Snapware Corporation, a California corporation (collectively "Snapware," "we," "our", or "us"). The Website allows you to upload, post, publish, display or make available certain information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other content, whether created by or for you, ("Submission(s)") on or through the Website. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Website.
IMPORTANT - PLEASE READ CAREFULLY: THESE TERMS OF USE (THE "TERMS" OR THE "AGREEMENT") ARE A LEGALLY BINDING AGREEMENT WHICH GOVERN YOUR USE OF THIS WEBSITE. BY ACCESSING, VIEWING, BROWSING, VISITING OR USING THIS WEBSITE YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THE AGREEMENT. IF YOU DO NOT ACCEPT ANY OF THE TERMS STATED HERE, PLEASE DO NOT USE THIS WEBSITE. WE MAY, IN OUR SOLE DISCRETION, MODIFY OR REVISE THE AGREEMENT AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THE AGREEMENT. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THIS WEBSITE.
ADDITIONAL TERMS AND CONDITIONS MAY APPLY TO YOUR USE OF ANY PRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE. PLEASE REVIEW ALL SUCH TERMS AND CONDITIONS BEFORE YOU USE ANY OF OUR PRODUCTS OR SERVICES.
ELIGIBILITY
In order to use the Website, you must be 18 or over, or of the legal age to form a binding contract in your jurisdiction, if that age is greater than 18 years of age. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. Children under 13 are not permitted to use the Website.
AUTHORIZED USE
Snapware grants you a non-exclusive, non-transferable, limited right to access and use the Website and display the Submissions thereon for your personal use only, provided that you shall not (and not allow third party to): (i) modify, adapt, translate, or reverse engineer any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or in or on any content or other material obtained via the Website; (iii) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website; (iv) access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews; (v) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (vi) reformat or frame any portion of the web pages that are part of the Website; (vii) create user accounts by automated means or under false or fraudulent pretenses; (viii) create or transmit unwanted electronic communications such as "spam" to other users or members of the Website or otherwise interfere with other users' or members' enjoyment of the Website; (ix) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (x) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (xi) copy or store any content offered on the Website for other than your own personal, non-commercial use; (xii) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (xiii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiv) use the Website intentionally or unintentionally, to violate any applicable local, state, national or international law; or (xv) collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
Except as expressly provided herein or otherwise allowed by Snapware, you may not use the Website for any commercial purpose.
OWNERSHIP
You acknowledge and agree that this Website uses and contains proprietary and confidential technology and information owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties. The content displayed on or through this Website, including without limitation all information, data, text, software, photographs, graphics, video, or other Submissions (the "Content") is protected under United States and international copyright laws. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. Snapware and certain other words and logos displayed on this Website and which may or may not be designated on this Website by a "™" "®" "SM" or other similar designation, constitute trademarks, trade names, or service marks (collectively, "Marks") of Snapware or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or our respective licensors.
REGISTRATION
You are not required to register in order to access the Website. However, in order to use certain features of the Website, You will have to register with a username and create a unique, password-protected account with a username ("Your Account"). You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. Snapware reserves the right to delete Your Account without warning if you are found to have misrepresented any registration information submitted. You are responsible for maintaining the confidentiality of your password and account information. You agree to (a) immediately notify Snapware of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You will be solely responsible for safeguarding your password and also for any actions under Your Account, whether authorized by you or not. Snapware cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You are entirely responsible for all Your Submissions that are uploaded, posted, transmitted or otherwise made available via the Website by you or through your account, if any.
YOUR SUBMISSIONS
Agreement. ALL IDEAS AND CONCEPTS INCLUDING, WITHOUT LIMITATION, YOUR SUBMISSIONS, SUBMITTED BY YOU SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE IDEA SUBMISSION AGREEMENT & RELEASE THAT IS AVAILABLE AT [INSERT LINK]. BY SUBMITTING, POSTING OR DISPLAYING YOUR SUBMISSIONS ON OR THROUGH THE WEBSITE, YOU AUTOMATICALLY AGREE TO BE BOUND BY THE IDEA SUBMISSION AGREEMENT & RELEASE WITHOUT ANY LIMITATIONS AND QUALIFICATIONS. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION OF THIS AGREEMENT, PLEASE DO NOT OR SUBMIT ANY IDEA, CONCEPT OR YOUR SUBMISSIONS THROUGH THE WEBSITE.
Authority. You hereby represent and warrant to Snapware that: (i) you have all the requisite power and authority, corporate or otherwise, to enter into this Agreement, conduct yourself and your business and to execute, deliver, and perform all of your obligations under this Agreement; (ii) you are the owner - or the authorized agent of the owner - of Your Submissions; (iii) you have the right to grant the licenses granted under this Agreement; (iv) your performance under this Agreement and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future; (v) your performance under this Agreement will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign. In addition, you hereby represent and warrant that Your Submissions: (i) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (ii) do not contain content that is sexual, pornographic, erotic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts; (iii) are not fraudulent, misleading, hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (iv) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party's use of the Website; (v) do not promote illegal or harmful activities or substances or provide instructional information about activities such as making or buying illegal weapons or substances; (vi) are not illegal, unlawful or contrary to the laws or regulations in any state or country where, as applicable, Your Submissions are created, displayed or accessed; (vii) do not contain any adware, malware, spyware, computer programming routines, software or viruses that are intended to damage, interfere with or in any way limit the functionality of any computer software or hardware or telecommunications equipment, intercept or expropriate any system data or personal information, permit unauthorized access to the Service or any part thereof or disable, damage or erase any portion of the content or advertisements processed or stored therein; or (viii) do not constitute unsolicited bulk email, junk mail, spam or chain letters.
INDEMNITY
You will indemnify, defend and hold Snapware and its sponsors, officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the "Snapware Entities") harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys' fees and costs, directly or indirectly, arising out of or in any way relating to: (i) your negligence or misconduct; (ii) Your Submissions or any other information or material you submit; (iii) your conduct, including your use of the Website; (iv) any violation or breach of this Agreement; or (v) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of the Website.
DISCLAIMER OF WARRANTIES
Your use of the Website and your use or reliance upon any materials or content on the Website is solely at your own risk. In no event will Snapware be liable to you or anyone else for any decision made or action taken by you in reliance upon such materials on the Website. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SNAPWARE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND ANY MATERIALS ON THE WEBSITE. SNAPWARE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER AS TO ACCURACY, ADEQUACY, RELIABILITY, CORRECTNESS, COMPLETENESS OR SUITABILITY OF ANY OF THE MATERIALS OR INFORMATION AVAILABLE ON THE WEBSITE OR THE MATERIALS ON ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
LIMITATION OF LIABILITY
SNAPWARE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE WEBSITE, ANY MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE WEBSITE OR ANY OTHER MATTER RELATING TO THE WEBSITE INFORMATION CONTAINED WITHIN THE WEBSITE WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SNAPWARE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
LINKS TO OTHER SITES
The Website may provide links to third-party websites or resources and contain third-party advertisements. We have no control over such websites and resources and you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that this Website provides links to or that provide links to this Website, or (ii) any content, goods, or services available on or through any such sites or resources. We take no responsibility for third party advertisements which are posted on this Website, nor do we take any responsibility for the goods or services provided by its advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through this Website and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.
YOUR PERSONAL INFORMATION
The Company may use the information it obtains relating to you, including, but not limited to, your Internet Protocol ("IP") address, name, mailing address, email address and use of this Website, for its internal business and marketing purposes and may disclose the information to third parties for such purposes, strictly subject to the privacy specifications set forth in our Privacy Policy incorporated herein by this reference and posted on the Website.
COPYRIGHT POLICY
Policy. It is Snapware's policy to comply with the Digital Millennium Copyright Act ("DMCA") or any equivalent law in other countries where the Website is made accessible. Snapware shall: (i) block access to, or remove material that it believes in good faith infringes copyright of a third party; and (ii) remove and discontinue service to repeat infringers.
Copyright Notice. Copyright owners or any agents thereof who believe that any Content infringes upon their copyrights may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing ( see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. 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;
iii. 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 the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. 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;
vi. 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; and
vii. Such written notice should be sent to our designated agent as follows:
Consumer Affairs
Snapware, Inc.
3900 Hamner Ave.
Mira Loma, CA 91752
Email: consumeraffairs@snapware.com
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification. If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
i. A physical or electronic signature of the subscriber:
ii. 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.
iii. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
iv. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
GENERAL
The Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. If any dispute relating in any way to the Agreement or your use of this Website shall be submitted to confidential arbitration in Los Angeles, California, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under the Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the Agreement shall be joined to an arbitration involving any other party subject to the Agreement, whether through class arbitration proceedings or otherwise. You may not assign or transfer the Agreement, in whole or in part, without our prior written consent. Any attempted assignment in violation of this provisions will be null and void and of no force or effect. We may assign the Agreement freely at any time without notice. Subject to the foregoing, the Agreement will bind and inure to the benefit of each party's permitted successors and assigns. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of the Agreement is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of the Agreement will remain in full force and effect. The Agreement constitutes the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral.