We respect the copyright and other intellectual property rights of others and expect users of our website and application (collectively, the "Services") to do the same. In accordance with the United States Digital Millennium Copyright Act (the "DMCA") and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Service who are deemed to be repeat infringers. We also may, in our sole discretion, limit access to the Service and terminate the accounts of any users of the Service who infringe any intellectual property rights of others, whether or not there is any repeat infringement. See our Terms [j]for more information.
Notification of Alleged Copyright Infringement
If you believe that content available on or through our Services infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our Website infringes your copyright, you should consider first contacting an attorney.
All Notifications should include the following:
Submit your notice to our designated DMCA agent by mail or email as set forth below:
[Contact Information here]
Please note that you may be liable for damages, including court costs and attorney's fees, if you materially misrepresent that content on the Services is copyright infringing.
Upon receiving a proper notification of alleged copyright infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.
Please note that our furnishing your claim to the alleged infringer will include the personal information you provide in your notification, which the alleged infringer may use to contact you directly. As such, by submitting a notification of alleged copyright infringement, you consent to disclosure of your information in the aforementioned manner.
If you believe your copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter-notification letter to us. To be an effective counter-notification under the DMCA, your letter must include substantially the following:
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
[a]These terms and conditions include an arbitration provision.
Given the CA courts dislike of arbitration provisions, it may or may not be enforceable at any particular time, but I’ve included opt-out provisions and agreements to pay the fees for small claims, to defeat as many arguments as possible that the agreement is unconscionable.
Obviously, this arbitration provision runs both ways. So if you sue a website visitor, it would be in arbitration not court – but it is far more likely that you would be subject to a lawsuit vs. the other way around.
[c]You may choose to offer one or both of these cancellation mechanisms to your customers.
Under California’s Automatic Renewal Law, you are required to offer your customers either:
(a) a toll-free telephone number, electronic mail address, or postal address; OR
(b) cost-effective, timely, and easy-to-use mechanism for cancellation,
provided that one method has to be exclusively online.
[d]See attached DMCA policy. Link to policy.
[f]This section is not required, but may be helpful to toll claims.
[g]Please insert the contact information for your registered agent. If you don’t have one, use your business mailing address.
[h]E-mail address for consumers that wish to opt out of arbitration. Pay attention to any opt-out notices, cause that would be an early warning sign of a lawsuit.
[i]The contact information for your business.