PLEASE REVIEW CAREFULLY THE
FOLLOWING TERMS AND CONDITIONS OF USE AND USER AGREEMENT APPLICABLE TO THIS
WEBSITE. YOUR USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT AND ACCEPTANCE OF
ALL THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT. BY SO AGREEING TO AND ACCEPTING THE
FOLLOWING TERMS AND CONDITIONS OF USE AND USER AGREEMENT, YOU ARE ALSO
REPRESENTING THAT ALL OF THE REGISTRATION INFORMATION WHICH YOU ENTER DURING
THE SIGN-UP PROCESS IS ACCURATE,
CORRECT AND COMPLETE.
TERMS AND CONDITIONS OF USE
AND USER AGREEMENT
This Website is an
Internet-based business-to-business infrastructure solution for companies in or
related to the fashion industry, provided by World Fashion Exchange, Inc. This
Terms And Conditions Of Use And User Agreement (this “Agreement”) by and
between our client or user companies and/or their user employees (“you”) and World
Fashion Exchange, Inc. (“World Fashion Exchange”, “worldfashionexchange.com”,
“www.gowfx.com”, “www.mywfx.com”, “we” or "us") sets forth the terms and conditions under
which we will provide you with access to this Website. By using this Website, you are agreeing to
all the terms, conditions, and notices contained in this Agreement, and in the
Privacy Policy . As used in this Agreement, the term “this
Website” includes the World Fashion Exchange home page located at “worldfashionexchange.com”,
and all other web pages
which (1) we own, (2) we control and (3) are linked, directly or indirectly, to
either of these home pages. “This
Website” also includes all Website products and services, for example bulletin
boards and chat rooms. “Content” is any
and all text, graphics, or other multimedia material within the body of any
webpage that is part of this Website. Upon
your acceptance of the terms of this Agreement, you will be entering into a
contractual relationship with us.
1. Agreement and Modifications to this
Agreement:
By choosing to access or use the Website, you agree to and accept the terms and
conditions set forth below. You should not access or use the Website if you do
not wish to be bound by these terms and conditions, without any exception. This
Agreement may be modified at any time without notice, and any such modification
shall be effective immediately upon posting on the Website. We may also add,
delete, or modify some or all of our services at any time. You may modify the
terms and conditions contained in this Agreement only as they relate to you by
a written document signed by both you and World Fashion Exchange Inc. By accessing
and using this Website you agree to periodically review these Terms and
Conditions and be bound by any modifications or amendments to this Agreement.
2. Types of Users: This Website is an e-hub,
solution for individuals, companies and its employees. It includes hosting of your catalogs for
buying and selling of products and services. It also enables conducting sales
or purchase transactions, conduct negotiations and participating in auctions.
It also can be used to obtain news, information and other utilities provided.
You may be one of several different types of users of this Website as described
below.
Visitor: Anyone who comes to the Website for the
first time or who has not registered with the Website is a "Visitor."
As a Visitor, you are able to get information about World Fashion Exchange,
Inc. and the Website solution.
Free Registered User/Company: Once you complete the
online registration form by providing some basic information about your
company, yourself and accept the terms and conditions stated, you can become a
free registered user. You will have a user ID, password and company ID to
access and use the site. As a free
registered user you can (a) get news and information, (b) search and look up
other companies in our directory services or company search area which have
registered to buy or sell products or services through this Website, (c) view
auctions, (d) be a part of our online global community center, and (e) search
& apply for jobs through our job center. By becoming a registered user of
this Website, you agree that certain basic information about your company may
be accessed through our online directory services and be available to every
other free registered user and member of the Website.
Registered Member Company: Once you complete the online
member registration form by providing some additional information about your
company, yourself, and we approve your membership, your company becomes a
registered member with this Website. In setting up your company account, you
shall be the initial designated administrator.
You will have a user ID, password and company ID to access and use the
Website. You may enable other
designated employees in your company to use the Website by registering their
personal accounts. Your company and the
designated employee users shall have access to all areas of the Website
including “myWFX”, e-catalogs, e-sales, e-sourcing, e-auctions, e-community,
and will also be able to sponsor other trading partners.
Sponsored Trading Partner Company: You are sponsored by a
registered member of this Website to use and access only those areas of this
Website that are designated for such use by the sponsoring member. You will
have to complete the sponsored trading partner registration form and by becoming
a sponsored trading partner to the site you agree to all of the terms and
conditions set forth in this Agreement.
(Registered
users/companies, member companies and sponsored trading partner companies may
also be collectively referred to in this Agreement as “Active Companies”.)
3. Registration: In order to access and use this Website, Active Companies must
(1) provide all equipment, including a computer and modem, necessary to
establish a connection to the World Wide Web; (2) provide for their own access
to the World Wide Web; (3) pay any telephone or other service fees associated
with such access to the World Wide Web; (4) provide current, complete, and
accurate information as prompted to do so by the applicable registration forms;
and (5) maintain and update such registration information ("Registration
Data") as required to keep such information current, complete and
accurate. If any Registration Data that you provide is untrue, inaccurate, not
current or incomplete, we retain the right to terminate your account and your
right to use the Website.
User ID’s, passwords and Company ID’s: An Active Company’s usage of the Website shall require a
combination of a User ID, Password and Company ID. Each Active Company will be
required to authorize one (or more) employees (“Designated Employee”) to use the
Website on behalf of the Active Company. Each Designated Employee in the Active
Company will choose his or her own unique User Name and Password. There will be
one unique Company ID for each Active Company. The Active Company will identify
one Designated Employee as the Active Company’s designated administrator to
manage the Active Company’s account (including authorization of other
Designated Employees) on behalf of the Active Company.
Security: Each Designated Employee (as an authorized
user of this Website) in an Active Company is responsible for maintaining the
complete confidentiality of his or her own User Name, Password and Company ID.
Each Active Company shall be completely responsible for any and all transactions
conducted, and/or other activities, by its employees, agents, or
representatives on this Website, whether or not such employees, agents,
representatives have individually registered as Designated Employees. Active
companies agrees to immediately notify us of any unauthorized use of this
Website, or of the Active Company’s account (including unauthorized use of a
User Name or Password by any employee, agent, representative of the Company or
any third party including a sponsored trading partner) or any other breach of
security relating to the Active Company’s use of this Website. Unauthorized access to the Website, or to
the telecommunications or computer facilities used in the transmission and/or
delivery of services of this Website, is a breach of this Agreement, and may be
unlawful.
4. Ownership; World Fashion Exchange only a Transaction Enabler: This Website is owned by,
and all intellectual property rights therein and thereto (including but not
limited to copyrights, trademarks, and service marks), are owned or licensed
by, and all right, title and interest therein and thereto shall remain the
property of, us and/or our affiliates, licensors and/or partners. Certain
Content on this Website may be licensed from third parties and all such
third-party Content and all intellectual property rights therein and thereto
belong to the respective third parties. The copying, redistribution, use, or
publication by a user of any such content or any part of the Website, except as
allowed herein, is strictly prohibited. The user does not acquire ownership
rights to any content or document obtained through the Website. You shall not
remove any copyright, trademark or other intellectual property or proprietary
notice or legend contained on the Website or its Content. Certain other Content
on the Website may contain materials uploaded from an Active Company, e.g.
materials contained in discussion groups, catalog items, and transactions such
as RFQ’s, purchase orders, or inquiries. By submitting such Content to the Website
you grant to us and our successors, licensees and/or affiliates the
royalty-free, perpetual, irrevocable, non-exclusive and world-wide right
(including any moral rights) and license, subject to the provisions of the
Privacy Policy, to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, disseminate, perform and display such
Content (in whole or in part) and/or to incorporate it in other works in any
form, media or technology now existing or hereafter developed. In certain
instances, the Active Company shall have discretion to decide who shall have
rights to access and use specific information which such Active Company may
post, except the basic Active Company information which shall be available to
all Active Companies via our directory services.
You
agree that we are transaction enablers and do not take any direct ownership or
liability of any product and services which may be bought or sold by Active
Companies through use of the Website. All matters concerning such products and services,
including but not limited to purchase terms, payment terms, warranties,
guarantees, maintenance and delivery, are solely between the selling Active
Company and the buying Active Company. We make no warranties or representations
whatsoever with regard to any goods or services provided by any selling Active Company. We are not, nor shall any user deem us to be, a party to such transactions,
whether or not we may have received some form of revenue or other remuneration
in connection with the transaction. You
expressly acknowledge that we shall not be liable to you, any Active Company or
other user, or any third party for any costs or damages arising out of, either
directly or indirectly, or related to the transaction.
Further,
we have no control over the quality, safety, lawfulness or any other aspect or
element of the product or service offered, the truth or accuracy of the
listings, the ability of a selling Active Company
to actually sell or deliver such items or the ability of a buying Active Company to actually purchase or pay
for such items. We cannot and do not control whether or not a buying Active Company will complete the purchase and pay for items it has indicated a willingness to
purchase, or a selling Active Company will
complete the sale of and deliver items it has offered to sell. Because we are not involved in the actual
transaction, in the event that you have a dispute with one or more users, you
agree not to hold us liable, and you hereby release and indemnify us (and our
affiliates, licensees and our and/or their officers, directors, agents, and
employees) from claims, demands, damages (actual and consequential) and costs
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such
disputes.
You
agree that all information you provide on this Website, including for the purpose
of conducting or completing a transaction hereon, will be accurate, complete
and current. If you are a buying Active Company, you acknowledge that selling
Active Companies offering merchandise, information and services through the Website
set their own prices and may change prices or institute new prices at any time,
and that you will be solely responsible for the full cost of any purchases made
by use of this Website, including paying any charges, including applicable
taxes, purchases made by use of this Website.
5. Permitted Use: You have a nontransferable
and limited, right to access and use this Website solely for your commercial,
personal, educational, and informational use. You will not use this Website for
any other commercial or other purposes, except the purpose for which this
Website was intended, without our express prior written consent. You will not
and will not authorize any other person to: (a) “co-brand” this Website or any
Content contained herein or any other element or portion thereof (for purposes
hereof, "Co-branding" means to display a name, logo, trademark, or
other means of attribution or identification of any party in such a manner
reasonably likely to give a user the impression that such other party has the
right to display, publish, or distribute this Website or Content accessible
within this Website); or (b) “frame” this Website or portion thereof (in any
manner including e.g. as result of which this Website or portion thereof will
appear on the same screen with a portion of another website). You agree to
cooperate with us in causing any unauthorized co-branding, framing or linking to
immediately cease. You may use this Website for lawful purposes only. You may
not post or transmit through this Website any material which violates or
infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct that
would constitute a criminal offense, give rise to civil liability or otherwise
violate any law. We will fully cooperate with any law enforcement authorities
or court order requesting or directing us to disclose the identity of anyone
posting such information or materials. No part of any content, form, or
document may be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical, other than for a user's personal
use (but not for resale or redistribution). Your right to use this Website is
not transferable. Any password which may be assigned by us is not transferable.
6. Compliance With Current Laws and fair
practices: All
Active Companies and other users of this Website shall comply with all
applicable laws, statutes, ordinances, and regulations, bidding on or purchase
of products and services, and posting and retrieval of information (including
without limitation those governing export control, unfair competition,
antitrust, country of origin labeling, employment of convict labor, forced
labor or child labor, working conditions, environmental standards, unfair
competition, and false advertising). You acknowledge that we have an express
policy of complying with the antitrust laws and that the operation of this
Website is not intended to facilitate collusion or other illegal agreements
among competitors. We reserve the rights to cancel an Active Company’s
membership and right to access this Website, and other user’s right to access
this Website, immediately upon discovery of any violation of this provision.
7. Website Security: You may not use any device,
software, or routine, including but not limited to any viruses, trojan horses,
worms, time bombs, or cancelbots, intended to damage or interfere with the
proper working of this Website, including any transactions being conducted on
this Website, or to surreptitiously intercept or expropriate any system data or
personal information from this Website. You may not take any action that
imposes an unreasonable or disproportionately large load on our infrastructure,
including but not limited to "spam" or other such unsolicited mass e-mailing
techniques.
8. Links to Third-Party Sites: This Website may contain
links, including but not limited to links which may be contained in advertising
or other sponsored materials, to third-party web sites not under our ownership,
control or operation. We provide such
links only as a convenience and do not endorse and are not responsible for the
contents of any linked site or any link contained in a linked site. You assume
sole responsibility and risk for use of such third-party links.
9. Privacy: Our then-current Privacy Policy is incorporated
herein by reference. Please make sure you review this policy. Unfortunately, we
cannot guarantee that your personal information will never be disclosed in ways
not expressly described in the Privacy Policy. For example, we may be required
by law to disclose your information to government authorities, law enforcement
or to third parties upon subpoena. You authorize us to disclose your personal
information as we believe, in our sole discretion, is necessary or appropriate.
10. Buyer’s Requests For Quote (RFQ) and/or Purchase Orders: If you post an RFQ, calling for quotations
from suppliers, you will have a choice to select the method of posting the RFQ.
The method you choose will decide whether you control the conversion of the RFQ
to a purchase order. If you post a purchase order to this Website and thereby
post a request for sourcing, you acknowledge and agree that you are extending
an irrevocable offer to a supplier. As a buyer, once you post an RFQ to the
Website and it becomes a confirmed purchase order, you understand that you have
entered into a binding contract to purchase the specified merchandise. As a
buyer, you may not contact any suppliers during an ongoing bidding of posted
RFQs.
11. Use of Auctions: If you are the highest
bidder at the end of an auction, your bid meets the applicable minimum bid or
reserve requirements, and your bid is accepted by the seller, you are obligated
to complete the transaction with the seller unless the transaction is
prohibited by law. By bidding on an item you agree to be bound by the
conditions of sale included in the description. Bids are not retractable except
in exceptional circumstances such as when a clear typographical error is made,
or you cannot authenticate the seller's identity.
12. Fees, Payment & Taxes: Members of this Website
shall be subject to user based membership fees, transaction fees and services
fees as posted from time to time on the fee schedule. All membership fees,
transaction fees and services fees are exclusive of federal, state, and local
withholding, excise, sales, use, and similar taxes, fees, or charges imposed by
any governmental authority with respect to the transaction facilitated. Our
terms of payment are net thirty (30) days from the date of invoice. In the
event that payment is not received within such thirty-day period, any unpaid
balance shall bear interest at the rate of 1.0% per month. If we become aware
of any proceeding being brought by or against an Active Company under
bankruptcy or insolvency laws, we reserve the right, but have no obligation
whatsoever so to do, to cancel any transaction posted by such Active Company
then outstanding, including RFQ’s or purchase orders. Failure to promptly pay
fees shall be grounds for termination of privileges to use this Website. Sale
price manipulation of any kind, directly or indirectly, is expressly
prohibited. This prohibition includes, but is not limited to, bidding prices up
or down through a secondary account, agent, or assign and making bids for the
posted RFQ by communicating with buyers outside of this Website. We shall have
no responsibility for any taxes that may be imposed upon a party to a
transaction entered into through the use of this Website. Each user is
responsible for computing and paying any and all taxes to which they may be
subject as a result of a transaction entered into through the use of this
Website.
13. Termination: We may immediately terminate
an Active Company’s membership, postings, and any current RFQ’s, PO’s,
Inquiries, or bids, if that Active Company breaches any of the terms and
conditions contained in this Agreement, or if we are unable to verify or
authenticate any information which an Active Company provides to us. You may
terminate your user ID and password at any time by contacting our customer
service at CS@gowfx.com. Such termination may not take
immediate effect; please allow at least
sixty (60) days for such termination to become effective.
We reserve the right, in our sole discretion, for cause or without
cause, to immediately, and without advance notice, suspend or terminate your or
any Active Company’s account, and/or this Website in its entirety. Such
termination by us will be effective immediately upon notice by us: (i) if with respect
to the termination of a user’s or an Active Company’s
account, to the user or Active Company
by e-mail to the e-mail address provided by such user or Active Company in the
Registration; or (ii) if with respect to the termination of this Website in its
entirety by e-mail to the e-mail address provided by such user or Active
Company in the Registration, or by posting of a notice at the URL www.worldfashionexchange.com.
Any such
termination shall not relieve you of the obligation to pay and all fees or any
other amounts for which you became obligated through the use of this Website
prior to termination.
14. License: We hereby grant to you a personal, nontransferable license to use this Website in accordance with the terms and conditions contained in this Agreement, and in no other manner. Any reproduction, redistribution, public performance, display or creation of a derivative work of this Website or any element or portion hereof is expressly prohibited, and any violation or attempted breach will be prosecuted to the fullest extent of the law.
15. Our Relationship: This Website is an electronic marketplace and forum for electronic transactions only. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by your use of the Website or pursuant to terms of this Agreement. This Agreement is intended to be an agreement between you and us and is not intended to be for the benefit of any third party.
16. Suitability of Content; Disclaimer of Warranties and Limitation of Liability; Indemnity. The Content and other materials contained in this Website or available through this Website may not be appropriate under the circumstances for any particular transaction. The specifics of a given situation may require provisions not contemplated herein. Requirements for the validity of a particular document or form may also vary greatly from state to state, and country to country. Laws change rapidly and may be interpreted differently in various jurisdictions. No representations, warranties, or guarantees whatsoever are made as to the accuracy, current nature, completeness, adequacy, reliability, suitability, or applicability of any form or document to a particular situation. Each form and document should be treated as a guide or starting point and should not be considered a substitute for professional legal analysis. This Website, and all Content including any forms and documents contained, is and are provided with the understanding and agreement that we and our affiliated parties are not engaged in rendering legal, accounting, or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought. You and any Active Company assume all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of any form, or document and for the selection of a particular form or document to achieve your intended results.
You agree that your use of this Website, including any applets, software, Content and services accessible herein, is entirely at your own risk. This Website and the transactions in goods processed by or through this Website are provided "AS IS," without warranty of any kind, either express or implied, and we expressly disclaim any and all warranties, including, but not limited to: (i) any warranties concerning access to this Website, the availability, accuracy, usefulness of content, products or services; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose.
We do not warrant that this Website is free from bugs,
viruses, errors, or other program limitations nor do we warrant access
to the Internet or to any other service or content
through this Website. The entire liability of World Fashion Exchange, Inc. and
its successors, subsidiaries, affiliates, licensors, or third-party content
providers, for any reason, shall be expressly limited to the greater of (i) the
amount you paid to us for your access to this Website, or (ii) one thousand
dollars ($1,000.00).
IN NO EVENT AND UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL WE BE LIABLE TO YOU OR ANY OTHER
PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS
OF POTENTIAL REVENUES, LOSS OF BUSINESS OPPORTUNITIES, PROFITS, BUSINESS
INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE, LOSS OF PROGRAMS OR INFORMATION
OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES OR ANY OTHER
DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR
INABILITY TO ACCESS OR USE, OR ANY COMMERCE CONDUCTED BY OR THROUGH, THIS
WEBSITE. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, EVEN IF WE HAD BEEN
INFORMED OR SHOULD HAVE BEEN INFORMED OR ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY AND REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR FOR ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER DISFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF,
ANY INFORMATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
This disclaimer of liability also applies to any damages or
injury caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorized access to,
alteration of, or use of record, whether for breach of contract, tortious
behavior, negligence, or under any other cause of action. The limitations of
damages set forth above are fundamental elements of the agreement between you
and us. We would not be able to provide this Website to you without such
limitations.
You, the Active Company, and each and every user of this Website, agree to defend, indemnify and to hold harmless World Fashion Exchange, Inc. and its successors, subsidiaries, affiliates, licensors, and third-party content providers, and its and their respective officers, directors, agents and employees, and any person or entity claiming by or through any of the foregoing, against and in respect of any and all claims, costs, expenses, damages, penalties, diminution of value, liabilities, losses or deficiencies (including, without limitation, reasonable attorneys’ and consultants’ fees and other reasonable costs and expenses) arising out of, resulting from or incurred in connection with your use of this Website and/or your breach of this Agreement, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud. We shall have the right, but not the obligation, to assume the exclusive defense and control of any action or matter subject to indemnification by you. You shall not take any action in, settle, compromise or otherwise dispose of any such action or matter with our prior written consent.
17. Notices: Except as explicitly stated otherwise or required by law, you shall provide any notices to us by e-mail to CS@gowfx.com. We shall provide any notices to you by e-mail to the e-mail address you provided during your registration process. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party receives notice that the e-mail has not been delivered (for reasons beyond the control of the recipient).
18. Governing Law and Jurisdiction. This Website (excluding linked sites) is operated by us. from our offices or co-hosted locations within the State of New Jersey, United States of America. It can be accessed from all fifty (50) U.S. states, as well as from other countries around the world. By accessing this Website, you agree to the terms and conditions contained in this Agreement. We make no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. This Agreement shall be treated as though it were executed and performed in Moonachie, New Jersey, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of New Jersey (without regard to conflict of law principles). Any cause of action by you, an Active Company, or any other user with respect to this Website must be instituted within six (6) months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Moonachie, New Jersey. You, an Active Company, or any other user expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. To the extent that anything contained elsewhere in or associated with this Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
19. Digital Millennium Copyright Act. NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR (THE “COMPLAINING PARTY”) COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive Notification of Claimed Infringement: John D. Hogoboom, Esq.
Full Address of Designated Agent to Which Notification Should be Sent: Lowenstein Sander PC, 65 Livingston Avenue, Roseland, New Jersey 07068
Telephone Number of Designated Agent: 973.597.2500
Facsimile Number of Designated Agent: 973.597.2400
Email Address of Designated Agent: jhogoboom@lowenstein.com
To be effective, the notification must include the following: 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; 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; information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an email address at which the Complaining Party may be contacted; a statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written notification containing the information outlined above: We shall remove or disable access to the material that is alleged to be infringing; we shall forward the written notification to such alleged infringer; we shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material. If a subscriber’s post has been removed, or access to that post has been disabled, the subscriber may file a Counter Notification using the procedures outlined below.
Counter Notification: To be effective, a Counter Notification must be a written communication provided to our Designated Agent that includes substantially the following: 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; 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; the subscriber's name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber's address is outside of the United States, for any judicial district in New Jersey, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined above: We shall promptly provide the Complaining Party with a copy of the Counter Notification; we shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; we shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided our Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on our network or system.
20. Survival of terms of this Agreement after Termination. The terms of this Agreement relating to ownership, copyright and limitations on use, disclaimers of warranties and limitations of liability, and indemnification, shall remain in effect after this Agreement is terminated by you or us.
21. Modification of this Agreement. We reserve the right to modify this Agreement from time to time without notice of modification. Your continued use of this Website after changes have been posted indicates your agreement to the revised terms.