RALLYBRIGHT TERMS & CONDITIONS
Last Updated: October 1st, 2017
This RallyBright Terms & Conditions Agreement (“Agreement”) contains the terms and conditions for the RallyBright platform on which we supply content, products, or services listed on rallybright.wpengine.com and through our applications (“Platform”). As the terms are used in this Agreement, “RallyBright”, “us”, and “we” refers to RallyBright, Inc. and “you” refers to the user of the Platform. By accessing or otherwise using the Platform or by creating a RallyBright account, you agree to be bound by the following as of the date you first access the Platform or create an account (“Effective Date”).
BY ACCESSING OR USING THE PLATFORM YOU AGREE TO THE TERMS OF THIS AGREEMENT. DO NOT ACCESS OR USE THE PLATFORM IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.
Please note that we may update this Agreement from time to time. We will attempt to notify you through your Platform account and the email address that you provided during registration of any changes to this Agreement. Changes will become effective immediately but will not apply retroactively. IF YOU DO NOT AGREE TO THE MODIFIED AGREEMENT YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE PLATFORM.
1. ABOUT THE RALLYBRIGHT PLATFORM.
1.1 RALLYBRIGHT PLATFORM. The Platform allows you to (a) complete, create, and track assessments (e.g. ARQ™, Resilient Team and other assessments); (b) access and review RallyBright content, including but not limited, to video, audio, interactive exercises, reading lists, articles, and reports after completing an assessment; and (c) review progress on your personalized development pathways.
1.2 ADDITIONAL PRODUCTS. The Platform may provide you with the ability to purchase licenses for other electronic products that we offer. Your use of any such products will be governed by a separate end user license agreement.
1.3 COMMUNITIES. RallyBright provides both consumer and corporate products to individuals, corporations, organizations (universities, hospitals, etc.), and various communities of individuals (“Communities”). In some cases, in order to introduce the Products to their employees and members, Communities may supplement this Agreement with their own terms and conditions. In such event, such Community terms and conditions shall also apply to your use of the Platform. In the event of any conflict with such additional terms and this Agreement, this Agreement will prevail.
2.1. MEMBERSHIP. As a RallyBright member you will receive access to certain sections, features, and functions of the Platform that are not available to non-members. You may sign up as a registered user of the Platform free of charge (a “Member”). To become a Member you may be required to submit your email address and other information to us. Upon submission, you will be assigned a unique user identification name and password for access to and use of the Platform.
2.2. REGISTRATION. By registering as a Member, you warrant that: (a) you agree to be bound by this Agreement; (b) your use of the Platform will be in compliance with all applicable laws, rules, and regulations; (c) you are of legal age to form a binding contract with RallyBright; (d) all registration information you submit is truthful and accurate and will remain truthful and accurate; (e) you have the authority to enter into this Agreement either personally or on behalf the company you have named as the user and to bind that company to this Agreement; and (f) your registration was neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features.
2.3. SECURITY. You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You may not permit anyone else to use your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your account.
2.5. MARKETING. By agreeing to become a Member you opt-in to receiving occasional special offer, marketing survey, and Platform-based communication emails. You can easily unsubscribe from our commercial emails by following the opt-out instruction in these emails.
2.6. PLATFORM DATA. The Platform allows you to store data relating to your account, such as your personal information and your assessment responses (“Platform Data”). Should you choose to cancel your account, we may, but are not obligated to, store your Platform Data after such cancellation, unless otherwise instructed by you in writing. If your Member account is terminated or suspended, you may lose access to your Platform Data. We reserve the right to delete your Platform Data at any time if your Member account is suspended or no longer active. At all times, both during the term of this Agreement and thereafter, we may retain your Platform Data in a non-personal, de-identified format for our research and product development purposes.
3.1. MEMBERSHIP. Registering as a Member is free of charge. You can upgrade to a paid subscription Member account at any time in your account settings or by contacting us at email@example.com.
3.2 SUBSCRIPTION FEES. Access to the Platform’s premium features is purchased as monthly and annual subscriptions (“Subscription”). Monthly Subscriptions constitute 30 calendar days and annual Subscriptions constitute 365 calendar days. Payment for your Subscription is due immediately upon your submission of a Subscription order form or request to purchase a Subscription. All fees specified are in US Dollars and all payments must be submitted in US Dollars. All amounts due to us do not include taxes or levy (including interest and penalties). You will reimburse us for all sales, use, VAT, excise, property, and any other taxes or levies that we are we required to collect or remit to applicable tax authorities. You are not responsible for paying our income or franchise taxes or for paying taxes from which you are exempt. The Subscription fees are non-cancellable and non-refundable.
3.3. THIRD PARTY PAYMENT PLATFORM. We use third party payment platforms, such as Stripe, to process your Subscription fees. By using Stripe or similar third party platform, you agree that all payments and monetary transactions are between you and such third party and that we will not be liable for any issues regarding financial or monetary transactions between you and any other party. You agree that you will be bound by such third party’s terms of service agreement when you use them for processing payment.
3.4. FEE ADJUSTMENTS. We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to your access and use of the Platform. We will notify you at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing firstname.lastname@example.org.
4. TERM AND CANCELLATION OF YOUR MEMBERSHIP OR SUBSCRIPTION.
(a) Your Member account does not have a term associated with it. You can cancel your Member account at any time in accordance with Section 4.2 below.
(b) Unless cancelled earlier in accordance with this Section 4, your initial Subscription period will begin on the Effective Date and either be one month or one year, depending on which Subscription you selected. Your Subscription will automatically renew for consecutive renewal Subscriptions unless you or RallyBright cancels your Subscription in accordance with Sections 4.2 or 4.3 below. If you selected an annual Subscription, we will send you a notification no later than 30 days before the expiration of your Subscription to let you know that your Subscription is renewing.
4.2 CANCELLATION BY YOU. You may cancel your Member account or your Subscription at any time. Cancellation of your Member account will be immediate. Cancellation of a Subscription is effective at the end of the applicable Subscription period. Please make any such cancellation by visiting your account page or emailing email@example.com.
4.3. CANCELLATION BY US. We may suspend or terminate your use of the Platform as a result of your fraud or breach of any obligation under this Agreement. Such termination or suspension may be immediate and without notice and will be within our sole discretion.
4.4. EFFECT OF CANCELLATION. If you cancel your Member account, we will cease providing the Platform to you and we will have no further obligation or liability to you. When your Subscription expires (or if we cancel your Subscription in accordance with Section 4.3), we will cease providing the premium Platform to you and your account will revert to a free Member account.
4.5. SURVIVAL. All provisions of this Agreement which by their nature should survive termination of this Agreement will survive termination.
5. USE OF THE PLATFORM.
5.1. USE OF THE PLATFORM. You may not use, and you may not allow or assist a third party to use, the Platform in any manner which (a) disrupts the normal use of the Platform; (b) impacts our privacy, integrity, or security or the privacy, integrity, or security of our other customers or users; (c) is legally actionable between private parties; or (d) violates any local, state, federal, or international law or regulation.
5.2. ACCESS TO PLATFORM. You are responsible for obtaining the data network access and connections necessary to use the Platform. If you are accessing the Platform on your mobile network or through a wireless enabled device, data and messaging rates may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and any updates thereto. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5.3. UNAUTHORIZED ACCESS. You may not permit or assist unauthorized use of or access to the Platform.
5.4. RESTRICTIONS. You may not, and you may not allow or assist a third party, to: (a) license, sublicense, sell, resell, transfer, assign, distribute, pledge, lease, network, rent, loan, distribute, share, resell, or otherwise commercially exploit or make available to any third party any portion of the Platform in any way; (b) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Platform is based; (c) use the Platform to develop a competing website or product; (d) decrypt, transfer, or “frame” or “mirror” the Platform on any other server or wireless or Internet-based device; (e) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Platform; (f) access or attempt to access another person’s account; (g) use any content in any manner that misappropriates any trade secret or infringes a party’s intellectual property rights; or (h) delete, modify, hack, or attempt to change or alter the Platform.
5.5. NO ASSIGNMENT. You may use the Platform only for your personal or internal business purposes and direct benefit. You may not use, and you will not assist or permit a third party to use, the Platform for the internal purposes or direct benefit of any third party, nor for any timesharing, rental, Internet or application service provider, commercial hosting services, or service bureau basis.
5.6. SECURITY MEASURES. You will not, and you will not permit or assist a third party to, use any process, program, or tool, in connection with the Platform or otherwise, for guessing our passwords or the passwords of any other user of the Platform or for circumventing our security measures or the security measures of any other user of the Platform. You may not use the Platform to make unauthorized attempts to access the systems or networks of others.
5.7. MALICIOUS CODE. You agree not to upload, post, email or otherwise send, transmit, or introduce any material that contains software viruses or any other computer code, files, or programs designed to interrupt, harm, damage, destroy, or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Platform or the Platform itself.
5.8. IMPERSONATION. You agree not to impersonate any other person while using the Platform.
5.9. TERMINATION. Your violation of the terms of this Section 5 will be considered an abuse of the Platform and cause for immediate cancellation of your Member account and Subscription. We will not have an obligation to provide you notice or an opportunity to cure the violation.
6. USER CONTENT. The Platform may offer certain features that allow you to upload your own content (“User Content”) for use on the Platform. If you upload User Content, you agree that the content you submit shall be governed by this Section 6 and you are agreeing to do so in accordance with this Agreement.
6.1. REVIEW. We do not systematically review User Content submitted by you or other users. We are not responsible for the content of User Content provided by you or any other user. We do not endorse any opinion contained in User Content. We make no warranties or representations, express or implied, about User Content, including as to its legality or accuracy.
6.2. GRANT OF LIMITED LICENSE TO RALLYBRIGHT. You grant to us worldwide, perpetual, non-exclusive, fully transferable, and sub-licensable license to reproduce and use User Content to (a) provide the Platform and its associated products and services; (b) and for our marketing and business purposes.
6.3. NO DUTY TO USE, ATTRIBUTE, OR COMPENSATE. We have no duty to view or use any User Content you upload. While we may provide attribution when we deem appropriate, we are not obligated to attribute your User Content to you. You will not be compensated for any User Content you upload or for any User Content that we use.
6.4. NON-INFRINGEMENT. You represent and warrant that any User Content you upload does not infringe the intellectual property rights of any third party and you agree to indemnify us against any claim that your User Content, or use of another user’s User Content, infringes the intellectual property rights of a third party.
6.5. ILLEGAL AND OFFENSIVE CONTENT. You represent and warrant that your User Content is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
6.6. PUBLICITY RIGHTS. If you upload User Content that contains your name or image, you agree that we may use your name or image in connection with certain features on the Platform. You agree to waive any claims you may have against us for our use of User Content that you have submitted that contains your name or image. You may not submit User Content that identifies any individual (including by way or name, address or a still picture or video) under the age of 18. If you submit User Content that identifies any individual over the age of 18, you represent and warrant that you have obtained that individual’s permission to do so.
6.7. ADVERTISING & SOLICITATION. You represent and warrant that your User Content does not advertise any product or service or solicit any business.
6.8. MODIFICATION PERMITTED. We may alter, excerpt, abridge, edit, and otherwise modify your User Content for stylistic and other purposes.
7. OWNERSHIP OF INTELLECTUAL PROPERTY.
7.1. OWNERSHIP. The Platform and all of its materials, including, but not limited to, its software, HTML code, scripts, text, artwork, photographs, images, and video (“Content”) are protected by copyright and trademark laws and other United States and international laws and is our property. We retain all right, title, and interest in and to the Platform, the Content, and the products and services offered through the Platform and all other trademarks, service marks, graphics, and logos used in connection with the Platform. You acknowledge and agree that certain Content on or in the Platform is the property of our licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce their intellectual property rights against you. This Agreement does not transfer any of our rights or our licensors’ rights in the foregoing to you. You may not remove any copyright, patent, trademark, or other proprietary notices from the Platform or any product or service offered through the Platform. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Platform or any Content without our prior written permission. You may not access or use the Platform for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Platform or Content is prohibited. Any modification, enhancement, derivative work, or other improvement based upon the Platform, whether developed by you or us, will be our exclusive property and subject to and governed under the terms and conditions of this Agreement and you hereby assign to us all such rights, title, and interest therein. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
7.2. LIMITED LICENSE. We grant to you a limited, non-exclusive, non-assignable, non-transferrable license to access and use the Platform and Content for your own personal, non-commercial purposes, subject to your agreement to, compliance with, and satisfaction of this Agreement. We reserve all rights not otherwise expressly granted by this Agreement.
7.3. DOWNLOADS. Content not explicitly indicated as downloadable may not be downloaded or copied from the Platform.
7.4. NO EXTERNAL COMMERCIAL USE. The Platform is not intended for your external commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of your Member account and Subscription. You may not use any Content in or on the Platform for commercial purposes without obtaining written permission to do so from us. Content from the Platform may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent.
8. FEEDBACK. We do not accept unsolicited ideas, including but not limited to creative proposals, ideas for new, enhanced or improved products, technologies or services, marketing campaigns, promotions, processes, materials, artwork, plans, strategies, theories, or product names (“Feedback”). Please do not submit any Feedback in any form to us. If, despite our request that you not send us any Feedback, you still choose to submit Feedback, then regardless of what your letter, comment, e-mail or any other form of communication says, the following terms will apply to your submissions:
8.1. OWNERSHIP You agree and understand that: (a) the Feedback will automatically become our sole property, without any compensation to you, and we will have no obligation of any kind to you or anyone else with respect to the Feedback; (b) we will be free to use or redistribute the Feedback in any way and for any purpose, including but not limited to developing, acquiring, or advertising products or services competitive with those mentioned by you; (c) we will have no obligation to review or develop the Feedback; and (d) there will be no obligation to keep any part of the Feedback confidential.
8.2. NO CONFIDENTIAL RELATIONSHIP. No confidential relationship or obligation of secrecy will be created between you and RallyBright by your submission of Feedback. All Feedback will be deemed non-confidential and non-proprietary. You agree and understand that we will be free to use any Feedback you submit on an unrestricted basis, whether or not we were working on similar ideas, products, or technology prior to receiving the Feedback.
9. DISCLAIMER OF WARRANTIES. THE PLATFORM IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE PLATFORM, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND WE EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR SKILL AND CARE. WE DO NOT MAKE ANY WARRANTY THAT THE PLATFORM WILL BE ERROR FREE OR ACCESS TO THE PLATFORM WILL BE CONTINUOUS OR UNINTERRUPTED.
10. MEDICAL DISCLAIMER.
10.1. NO ADVICE. We make no claims or representations in relation to the emotional, health, or commercial benefits of using any information provided on the Platform. Information provided through the Platform should not be regarded as or relied upon as being a comprehensive opinion, assessment, or professional medical or psychiatric advice. NOTHING CONTAINED ON THE PLATFORM MAY BE INTERPRETED AS ADVISING YOU. THE INFORMATION CONTAINED IN THE PLATFORM IS FOR GENERAL INFORMATION PURPOSES ONLY. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, OR AVAILABILITY WITH RESPECT TO THE INFORMATION CONTAINED ON THE PLATFORM FOR ANY PURPOSE. ANY DECISIONS THAT YOU MAKE WITH RESPECT TO SUCH INFORMATION ARE FOR YOU ALONE AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY SUCH DECISIONS. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR YOUR DECISIONS AND ACTIONS. The Platform is not a substitute for professional medical or psychiatric advice. If you are concerned about the health or mental well-being of an Authorized User, please consult with a trained medical professional.
10.2. THIRD PARTY DATA & LINKS. We may provide information, analysis, and visualizations based on data created and maintained by third parties; hyperlinks to other websites maintained by third parties; or third party content on the Platform by framing or other methods (collectively, “Third Party Content”). In addition, the Platform may include certain applications, features, programs and services provided by third parties (collectively, the “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third party websites, any Third Party Content, and any Third Party Applications may be provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and, just as with the Platform, we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” If you decide to access any of the third party websites linked to the Platform, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. If a third party links or refers to the Platform, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Platform.
11.1. YOUR INDEMNIFICATION OBLIGATIONS. You will hold harmless, indemnify, and defend us from and against any and all claims (including any and all liabilities, damages, losses, costs, expenses, and reasonable attorneys’ fees) (“Claims”) to the extent arising out of any action or proceeding brought by a third party related to (a) your use of the Platform; (b) your placement or transmission of any message, content, information, software, or other submissions through the Platform; (c) your breach or violation of the law; or (d) your breach or violation of this Agreement.
11.2. INDEMNIFICATION PROCEDURES. In the event of any occurrence which may constitute grounds for indemnification under this Section 11, we will: (a) to notify you promptly of any occurrence with respect to which indemnification is sought, provided that any delay shall only relieve you of your obligations hereunder to the extent that the defense of such Claim is prejudiced by such delay; (b) cooperate with you in the defense of any Claim with respect to which indemnification is sought; and (c) not cause or contribute to any occurrence, nor to take any action, or fail to take any action, which causes, contributes to or increases you liability hereunder.
12. LIMITATION OF LIABILITY. IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU HEREUNDER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, COLLATERAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REGARDLESS OF HOW SUCH DAMAGES ARISE, WHETHER OR NOT WE WERE ADVISED SUCH DAMAGES MIGHT ARISE. TO THE GREATEST EXTENT ALLOWED UNDER LAW, IN NO EVENT WILL OUR LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU UNDER THIS AGREEMENT, OR WITH RESPECT TO ANY SINGLE INCIDENT, THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.
13. GENERAL PROVISIONS.
13.1. ELECTRONIC COMMUNICATIONS. The communications between you and RallyBright use electronic means, whether you visit the Platform or send us e-mails, or whether we post notices on the Platform or communicate with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
13.2. ASSIGNMENT. We may transfer our rights and obligations under this Agreement to any company, firm, entity, or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under this Agreement to anyone else.
13.3 FORCE MAJEURE. We will not be liable to you for any lack of performance, or the unavailability or failure, of the Platform, or for any failure or delay by us to comply with this Agreement, where such lack, unavailability, or failure arises from any cause beyond our reasonable control.
13.4. NO WAIVER. If we delay exercising or fail to exercise or enforce any right available to us under this Agreement, such delay or failure does not constitute a waiver of that right or any other rights under this Agreement.
13.5. ENTIRE AGREEMENT. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
13.6. THIRD PARTY RIGHTS. A person who is not party to this Agreement will not, have any rights under or in connection with this Agreement.
13.7. EXCLUSIVE VENUE. This Agreement will be governed by, construed, and enforced in accordance with the laws of the State of New York (without regard to the conflicts or choice of law principles thereof). Both parties hereby agree and consent to the exclusive jurisdiction of the state and/or federal courts located in the County of New York, State of New York for purposes of enforcing the terms of this Agreement, and each party hereby expressly waives any objection of the laying of venue or the personal jurisdiction of such courts.
13.8. CHOICE OF LAW. Except to the extent they are preempted by U.S. federal law, the laws of New York govern this Agreement, without reference to its conflicts or choice of law principles and any disputes arising out of or relating to this Agreement or their subject matter, including tort claims.
If any provision of this Agreement is found unenforceable, then that provision will be severed from this Agreement and not affect the validity and enforceability of any remaining provisions.
13.9. QUESTIONS, COMPLAINTS, CLAIMS. With questions, complaints, or claims, please contact us at: firstname.lastname@example.org. RallyBright, Inc. is located at 7801 Lonesome Pine Ln, Bethesda, MD 20817.
When notifying us of potential infringement, you must include the following:
- identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such works on the Platform;
- identification of the supposedly infringing material that is to be removed;
- information reasonably sufficient to permit us to locate the material on the Platform;
- contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;
- a statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
- a statement that, under penalty of perjury, the information in the notification is accurate and where relevant that the complaining party is authorized to act on behalf of the copyright owner; and
- the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent a written communication containing the following:
- identification of the supposedly infringing material that is to be removed;
- a statement that, under penalty of perjury, you have 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;
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
- the signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that we restore the removed or disabled content within 10 business days. If we do not receive notice that a lawsuit has been filed within 10 business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, your materials will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to our DMCA Agent at email@example.com or by certified mail and marked “Copyright Infringement”, Attn: DMCA AGENT at the following address: 7801 Lonesome Pine Ln., Bethesda MD, 20817.
Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.