Terms & Conditions
Agreement
Welcome to The Information Center’s (“TIC” or “we” or “us” or “our”) website, https://theinfocenter.org/ (the "Site"). These Terms and Conditions of Use (“Terms of Use”) apply to the Site and all associated websites linked to the Site which are owned or operated by TIC and/or its subsidiaries. This Site is the property of TIC. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
TIC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes means you accept and agree to the changes. As long as you comply with these Terms of Use, TIC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and its Content. TIC reserves all rights not expressly granted to you in and to the Site and its Content. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of this Site.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject TIC to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. TIC reserves the right to refuse service to anyone for any reason at any time, provided such refusal is otherwise consistent with applicable law.
The Site
TIC reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Site. TIC also reserves the right to modify or discontinue all or part of the Site without notice at any time. TIC also reserves the right, but not the obligation to, monitor the Site for violations of these Terms of Use, take appropriate legal action against anyone who, in TIC’s sole discretion, violates the law or these Terms of Use, in TIC’s sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to TIC’s systems, and otherwise manage the Site in a manner designed to protect TIC’s rights and property and to facilitate the proper functioning of the Site.
TIC will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
TIC cannot guarantee the Site will be available at all times. TIC may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. TIC reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
You agree that TIC has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate TIC to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Site Content & Intellectual Property Rights
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and code (together, the "Content"), including but not limited to the "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to TIC, and is protected by applicable intellectual property law. You acknowledge and agree that the Site and its Content, and any necessary software used in connection with the same (“Software”) contains proprietary and confidential information that is the property of TIC and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with the Site and its Content is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Site is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws.
Unless expressly stated in these Terms of Use, neither the Site, its Content nor Software (nor any part of the foregoing), may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever in any way without TIC’s prior written consent.
Third Party Websites & Third Party Content
The Site may contain hyperlinks to other, independent third-party websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). Neither Third Party Websites nor Third Party Content are under TIC’s control. Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by TIC, and TIC is not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by TIC. If you decide to leave the Site and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Websites will be through other websites and from other companies, and TIC takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites and you shall hold TIC harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold TIC harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites.
Privacy
Your use of the Site is also governed by our Privacy Policy, which is hereby incorporated into these Terms of Use. Please review TIC’s Privacy Policy. TIC reserves the right, and you authorize TIC to use and assign all information provided by or collected from you in any manner consistent with TIC’s Privacy Policy.
If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to, processed and stored in the United States.
Further, TIC does not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if TIC receives actual knowledge that anyone under the age of thirteen (13) has provided personal information to TIC without the requisite and verifiable parental consent, TIC will delete that information from the Site as quickly as is reasonably practical.
TIC will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although TIC performs regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that TIC has no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against TIC arising from any such loss or corruption of such data.
Your Use Of The Site & Content
As set forth above, TIC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and its Content solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy Content from the Site, reverse engineer or hack into the Site, or use materials, products or services in violation of any law. Recall that your use of this Site is at the discretion of TIC who may terminate your access and use at any time for any lawful reason.
In addition to the above, as a user of the Site, you agree not to:
· Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from TIC.
· Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
· Use a buying agent or purchasing agent to make purchases on the Site.
· Use the Site to advertise or offer to sell goods and services.
· Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
· Engage in unauthorized framing of or linking to the Site.
· Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
· Make improper use of TIC support services (if available) or submit false reports of abuse or misconduct.
· Engage in any automated use of the Site, Content and/or Software, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
· Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
· Attempt to impersonate another user or person or use the username of another user.
· Sell or otherwise transfer your profile.
· Use any information obtained from the Site in order to harass, abuse, or harm another person.
· Use the Site as part of any effort to compete with TIC or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
· Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
· Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
· Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
· Delete the copyright or other proprietary rights notice from any Content.
· Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, javascript, or other code.
· Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
· Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
· Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
· Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
· Use the Site in a manner inconsistent with any applicable laws or regulations.
Compliance With & Applicable Law
You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
If there is any dispute about or involving the Site, Content, Software or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You hereby irrevocably consent to the sole and exclusive personal jurisdiction of the courts located in Oakland County, Michigan.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, ANY CONTENT ON THE SITE, OR THE TERMS OF USE, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Social Media
As part of the functionality of the Site, you may link or otherwise connect with online accounts you have with third party social media service providers (“Social Media”) by accessing your Social Media through the Site, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Social Media login information to TIC and/or grant us access to your Social Media, without breach by you of any of the terms and conditions that govern your use of the applicable Social Media, and without obligating TIC to pay any fees or making TIC subject to any usage limitations imposed by the third-party service provider of the Social Media.
By granting TIC access to Social Media, you understand that (1) TIC may access, make available, and store (if applicable) any content that you have provided to and stored in your Social Media (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) TIC may submit to and receive from your Social Media additional information to the extent you are notified when you link or access the Social Media.
Depending on the Social Media you choose, and subject to the privacy settings that you have set in such Social Media, personally identifiable information that you post to your Social Media may be available on and through your account on the Site. Please note that if a Social Media or associated service becomes unavailable or TIC’s access to such Social Media is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Social Media at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR SOCIAL MEDIA IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
TIC makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and TIC is not responsible for any Social Network Content. You acknowledge and agree that TIC may access your email address book associated with a Social Media and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Social Media by contacting TIC using the contact information below or through your account settings (if applicable). TIC will attempt to delete any information stored on TIC’s servers that was obtained through such Social Media, except the username and profile picture that become associated with your account.
Donations
The Site allows you to make voluntary monetary donations (“Donations”) to: (a) third party charitable organizations listed on the Site (a “Listed Charity”); or (b) TIC directly. You are solely responsible for deciding whether, and how much, to donate, and for independently verifying the legitimacy, tax status and mission of any Listed Charity before making Donations.
TIC assumes no responsibility for any Donation made to a Listed Charity. The inclusion of a Listed Charity on the Site does not constitute an endorsement, recommendation, sponsorship or guarantee of that Listed Charity’s legitimacy, tax status, use of funds or performance. TIC is not acting as an agent, fiduciary, escrow holder or intermediary for any Listed Charity and we do not receive, hold or control Donations made to a Listed Charity beyond what is technically necessary to route the transaction through the applicable payment processor.
All Donations are processed by PayPal or another third party payment processor designated on the Site (a “Payment Processor”). TIC does not process, store or have access to your full payment information, bank account, PayPal account, etc. Your use of a Payment Processor is governed by that Payment Processor’s own terms of service, privacy policy, etc., which you are responsible for reviewing. TIC is not responsible or liable for any error, delay, outage, security incident, or fee imposed by a Payment Processor, or for any failure of a Payment Processor to complete, process or transmit a Donation.
All Donations are final, and except as required by applicable law, non-refundable, including where a Donation was made in error, directed to the wrong recipient, made in the wrong amount, or where the recipients use of the funds was not in line with your expectations. Requests for refunds should be directed to the Payment Processor or, for Donations to a Listed Chairty, the Listed Charity. TIC has no obligation to issue or facilitate a refund.
TIC makes no representations as to the tax-deductibility of any Donation. You are solely and exclusively responsible for determining the deductibility of your Donation. Further, TIC attempts to keep Listed Charity information current, but TIC does not guarantee its accuracy, completeness or that any Listed Charity remains active or in good standing. TIC may add, remove or modify Listed Charities at any time without notice.
Indemnification
You agree to defend, indemnify, and hold TIC harmless, including TIC’s subsidiaries, affiliates, and all of TIC’s respective officers, agents, members, and employees (“TIC Indemnified Parties”), from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site, Content and/or Software; (2) Donations, (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any harmful act toward any other user of the Site.
Notwithstanding the foregoing, TIC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify a TIC Indemnified Party(ies), and you agree to cooperate, at your expense, with TIC’s defense of such claims. TIC will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Disclaimers
TIC does not warrant that the quality of any products, services, information, or other material purchased or obtained by you, or that the Site or its Content or Software will meet your expectations, or that any errors defects, damage or errors will be corrected.
INDEED, THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, YOUR USE THEREOF AND ANY OF THE DONATIONS YOU MAKE OR PRODUCTS OR SERVICES YOU PURCHASE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TIC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT SAFETY OF THE SERVICES YOU PURCHASE. TIC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE CONTENT OF ANY WEBSITES OR INFORMATION LINKED TO THIS SITE, NOR ANY PROMISES TO CORRECT THE SAME, AND TIC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND/OR DONATIONS AND/OR PURCHASE AND/OR USE OF THE PRODUCTS AND/OR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF TIC’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE; AND/OR (7) ANY AND ALL CLAIMS RELATED TO DONATIONS OR THE MAKING THEREOF. TIC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED PLATFORM, OR ANY PLATFORM OR MOBILE APPLICATION FEATURED IN ANY MANNER OR OTHER ADVERTISING, AND TIC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE
Limitation of Liability
IN NO EVENT WILL TIC OR TIC’S AFFILIAITES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, SUBSIDIARIES, OR OUR AND THEIR MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTENT, SOFTWARE, SERVICES, PRODUCTS AND/OR DONATIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TIC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
UNDER NO CIRCUMSTANCES WILL TIC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
Copyright Contact
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to TIC via the contact information set forth in these Terms of Use:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
· A description of the copyrighted work that you claim has been infringed;
· A description of where the material that you claim is infringing is located on the Site;
· Your address, telephone number, and e-mail address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Term & Termination
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, TIC RESERVES THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. TIC MAY TERMINATE YOUR USE OR PARTICIPATION IN OR ACCOUNT WITH THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN TIC’S SOLE DISCRETION.
If TIC terminates or suspends your use/account for any reason, you are prohibited from using or registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your use/account, TIC reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
DMCA Notice and Policy
TIC respects the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify TIC as set forth in these Terms of Use (a “Notification”).
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 material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the platform are covered by the notification, a representative list of such works on the platform;
· 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 us 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;
· 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.
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to TIC using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
· Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
· A statement that you consent to the jurisdiction of the federal district court in which your address is located, or if your address is outside the united states, for any judicial district in which we are located;
· A statement that you will accept service of process from the party that filed the notification or the party’s agent;
· Your name, address, and telephone number;
· A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
· Your physical or electronic signature.
If you send TIC a valid, written Counter Notification meeting the requirements described above, TIC will restore your removed or disabled material, unless TIC first receives notice from the party filing the Notification informing TIC 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.
Miscellaneous
These Terms of Use and any policies or operating rules posted by TIC on the Site or in respect to the Site constitute the entire agreement and understanding between you and TIC. TIC’s failure to exercise or enforce any right or provision of these Terms of Use is not a waiver of such right or provision. Each party is, and shall remain, an independent contractor and nothing contained in this Terms of Use shall be construed to make either party a partner, joint venturer, employee or agent of the other party, and neither party shall hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. You agree that these Terms of Use will not be construed against TIC by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. If you have any questions regarding these Terms of Use, please contact us. Visiting the Site, sending TIC emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications TIC provides to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY TIC OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. IF YOU ARE A CALIFORNIA RESIDENT, if any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.