Terms of Use
PLEASE READ THESE TERMS OF USE
(“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY
KOOWALL, INC. (“KOOWALL”). THIS
AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF
THE VARIOUS WEBSITES OWNED AND OPERATED BY KOOWALL , INCLUDING, WITHOUT
LIMITATION, THE KOOWALL.COM WEBSITE AND DOMAIN NAME (“SITES”), AND ANY OTHER
FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE KOOWALL IN
CONNECTION THEREWITH (COLLECTIVELY “SERVICE”), UNLESS YOU HAVE ENTERED INTO A
SEPARATE WRITTEN AGREEMENT WITH KOOWALL GOVERNING YOUR USE OF THE SERVICE, IN
WHICH CASE THE TERMS OF THAT AGREEMENT WILL CONTROL. BY USING THE SITES OR SERVICE IN ANY
MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE
TO BE BOUND BY THIS AGREEMENT. THIS
AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE
ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON
THE SITES.
Acceptance of Terms.
The Service is offered subject to
acceptance without modification of all of the terms and conditions contained
herein (the “Terms of Use”) and all other operating rules, policies and
procedures that may be published from time to time on the Sites by
Koowall. In addition, some services
offered through the Service may be subject to additional terms and conditions
promulgated by Koowall from time to time; your use of such services is subject
to those additional terms and conditions, which are incorporated into these
Terms of Use by this reference.
Koowall does not knowingly collect or
solicit personal information from anyone under the age of 13 or knowingly allow
such persons to register for the Services.
If you are under 13, please do not attempt to register for the Services
or send any information about yourself to us, including your name, address,
telephone number, or email address.
No one under age 13 may provide any personal information to Koowall or
on the Services. In the event that
we learn that we have collected personal information from a child under age 13
without verification of parental consent, we will delete that information as
quickly as possible. If you believe
that we might have any information from or about a child under 13, please
contact us at [email protected]
The Service is available only to
individuals who are at least 13 years old.
You represent and warrant: (i) that you are an individual (i.e., not a
corporation), you are of legal age to form a binding contract or have your
parents’ permission to do so, and you are at least 13 years old; (ii) that all
registration information you submit is accurate and truthful; and (iii) that
you will maintain the accuracy of such information. Koowall may, in its sole discretion,
refuse to offer the Service to any person or entity and change its eligibility
criteria at any time. This
provision is void where prohibited by law and the right to access the Service
is revoked in such jurisdictions.
Modification of
Terms of Use.
Koowall reserves the right, at its sole
discretion, to modify or replace any of the Terms of Use, or change, suspend,
or discontinue the Service (including without limitation, the availability of
any feature, database, or content) at any time by posting a notice on the Sites
or by sending you an email. Koowall
may also impose limits on certain features and services or restrict your access
to parts or all of the Service without notice or liability. It is your responsibility to check the
Terms of Use periodically for changes.
Your continued use of the Service following the posting of any changes
to the Terms of Use constitutes acceptance of those changes.
Privacy.
Koowall's current Sites privacy
statement is located at http://koowall.com/k/privacy-policy (the “Privacy
Policy”) and is incorporated into these Terms of Use. For inquiries in regard to the Privacy
Policy, or to report a privacy related problem, please contact [email protected]
Rules and Conduct.
As a condition of use, you promise not
to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without
limitation, any Content, or User Submissions (both as defined below)) is provided only for
your own personal, non-commercial use.
You are responsible for all of your activity in connection with the
Service. For purposes of the Terms
of Use, the term “Content” includes, without limitation, any advertisements,
advice, suggestions, videos, audio clips, written forum comments, information,
data, text, photographs, software, scripts, graphics, and interactive features
generated, provided, or otherwise made accessible by Koowall or its partners on
or through the Service.
By way of example, and not as a
limitation, you shall not (and shall not permit any third party to) either
(a) take any action or (b) upload, download, post, submit or
otherwise distribute or facilitate distribution of any content on or through
the Service, that:
infringes any patent, trademark, trade
secret, copyright, right of publicity or other right of any other person or
entity;
is unlawful, threatening, abusive,
harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's
privacy, tortious, obscene, offensive, or profane;
constitutes unauthorized or unsolicited
advertising, junk or bulk e-mail ("spamming");
involves commercial activities and/or
sales without Koowall’s prior written consent such as contests, sweepstakes,
barter, advertising, or pyramid schemes;
contains software viruses or any other
computer codes, files, or programs that are designed or intended to disrupt,
damage, limit or interfere with the proper function of any software, hardware,
or telecommunications equipment or to damage or obtain unauthorized access to
any system, data, password or other information of Koowall or any third party;
or
impersonates any person or entity,
including any employee or representative of Koowall.
Additionally, you shall not: (i) take
any action that imposes or may impose (as determined by Koowall in its sole
discretion) an unreasonable or disproportionately large load on Koowall’s (or
its third party providers’) infrastructure; (ii) interfere or attempt to
interfere with the proper working of the Service or any activities conducted on
the Service; (iii) bypass any measures Koowall may use to prevent or restrict
access to the Service (or other accounts, computer systems or networks
connected to the Service); (iv) run Maillist, Listserv, any form of
auto-responder or “spam” on the Service; or (v) use manual or automated
software, devices, or other processes to “crawl” or “spider” any page of the
Sites.
You shall not (directly or indirectly):
(i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to
derive any source code or underlying ideas or algorithms of any part of the
Service, except to the limited extent applicable laws specifically prohibit
such restriction, (ii) modify, translate, or otherwise create derivative works
of any part of the Service, or (iii) copy, rent, lease, distribute, or
otherwise transfer any or all of the rights that you receive hereunder. You
shall abide by all applicable local, state, national and international laws and
regulations.
Koowall reserves the right to remove
any Content from the Sites or Service at any time, for any reason (including,
but not limited to, upon receipt of claims or allegations from third parties or
authorities relating to such Content or if Koowall is concerned that you may
have violated the Terms of Use), or for no reason at all.
Registration.
As a condition to using certain aspects
of the Service, you will be required to register with Koowall and select a
password and screen name (“Koowall User ID”). You shall provide Koowall with
accurate, complete, and updated registration information. Failure to do so shall constitute a
breach of the Terms of Use, which may result in immediate termination of your
Koowall account. You shall not (i)
select or use as a Koowall User ID a name of another person with the intent to
impersonate that person; (ii) use as a Koowall User ID a name subject to any
rights of a person other than you without appropriate authorization; or (iii)
use as a Koowall User ID a name that is otherwise offensive, vulgar or obscene.
Koowall reserves the right to refuse registration of, or cancel a Koowall User
ID in its sole discretion. You are
solely responsible for activity that occurs on your account and shall be
responsible for maintaining the confidentiality of your Koowall password. You shall never use another user’s
account without such other user’s express permission. You will immediately notify Koowall in
writing of any unauthorized use of your account, or other account related
security breach of which you are aware.
Fees and Payment.
Koowall reserves the right to require
payment of fees for certain features of the Service. Should you elect to
subscribe to such features, you shall pay all applicable fees, as described on
the Sites in connection with such features. Koowall reserves the right to
change its price list and to institute new charges at any time, upon
ten (10) days prior notice to you, which may be sent by email or posted on
the Sites. Use of the Service by you following such notification constitutes
your acceptance of any new or increased charges.
Third Party Sites.
The Service may permit you to link to other websites or
resources on the Internet, and other websites or resources may contain links to
the Sites. When you access third
party websites, you do so at your own risk. These other websites are not under
Koowall's control, and you acknowledge that Koowall is not responsible or
liable for the content, functions, accuracy, legality, appropriateness or any
other aspect of such websites or resources. The inclusion of any such link does not
imply endorsement by Koowall or any association with its operators. You further acknowledge and agree that
Koowall shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use
of or reliance on any such Content, goods or services available on or through
any such website or resource.
No Emergency Services.
You expressly agree and understand that the Service is
not intended to support or carry emergency or time-critical calls or
communications to any type of hospital, law enforcement agency, medical care
unit or any other kind of emergency or time-critical service (“Emergency
Services”). Koowall, its affiliates
or staff are in no way liable for such emergency calls or communications. By agreeing to these Terms of Use you
understand that additional arrangements must be made to access Emergency
Services. To access Emergency
Services, you acknowledge and accept your responsibility to purchase,
separately from the Service, traditional wireless or wireline telephone service
and other means of communication intended for access to Emergency
Services. You recognize and agree
that Koowall is not required to offer Emergency Services or access thereto
pursuant to any applicable local and or national rules, regulation or law. You further acknowledge that Koowall is
not a replacement for your primary telephone service or any other means of
communication.
Koowall and Site
Content.
You agree that the Service contains
Content specifically provided by Koowall or its partners and that such Content
is protected by copyrights, trademarks, service marks, patents, trade secrets
or other proprietary rights and laws.
You shall abide by all copyright notices, information, and restrictions
contained in any Content accessed through the Service. You shall not sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, create derivative works from, or otherwise
exploit any Content or third party submissions or other proprietary rights not
owned by you, (i) without the consent of the respective owners or other valid
right, and (ii) in any way that violates any third party right.
You may, to the extent the Sites
expressly authorize you to do so, download or copy the Content, and other items
displayed on the Sites for download, for personal use only, provided that you
maintain all copyright and other notices contained in such Content. You shall not store any significant
portion of any Content in any form.
Copying or storing of any Content for other than personal, noncommercial
use is expressly prohibited without prior written permission from Koowall, or
from the copyright holder identified in such Content's copyright notice.
User Submissions.
The Service may provide you with the
ability to upload, submit, disclose, distribute or otherwise post (hereafter,
“posting”) content, videos, audio clips, written forum comments, data, text,
photographs, software, scripts, graphics, works of authorship or other
information to the Services (“User Submissions”). By posting User Submissions on or at any
of the Sites or otherwise through the Service, or displaying, publishing, or
otherwise posting any content on or through the Sites or the Service, you:
hereby do and shall grant Koowall a
worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid,
sublicensable and transferable license to use, modify, reproduce, distribute,
prepare derivative works of, display, perform, and otherwise fully exploit the
User Submissions in connection with the Sites, the Service and Koowall’s (and
its successors and assigns) business, including without limitation for
promoting and redistributing part or all of the Sites (and derivative works
thereof) or the Service in any media formats and through any media channels
(including, without limitation, third party websites). You also hereby do and
shall grant each user of the Sites and/or the Service a non-exclusive license
to access your User Submissions through the Sites and the Service, and to use,
modify, reproduce, distribute, prepare derivative works of, display and perform
such User Submissions as permitted through the functionality of the Sites and
the Service and under these Terms of Use. For clarity, the foregoing license
grant to Koowall does not affect your other ownership or license rights in your
User Submission(s), including the right to grant additional licenses to the
material in your User Submission(s), unless otherwise agreed in writing;
represent and warrant that you own or
otherwise control all rights to such User Submissions and that disclosure and
use of such User Submissions by Koowall (including without limitation,
publishing content on or at the Sites) will not infringe or violate the rights
of any third party; and
understand that Koowall shall have the
right to reformat, excerpt, or translate any materials, content or information
submitted by you; and that all information publicly posted or privately
transmitted through the Sites is the sole responsibility of the person from
which such content originated and that Koowall will not be liable for any
errors or omissions in any content; and that Koowall cannot guarantee the
identity of any other users with whom you may interact in the course of using
the Service.
Koowall does not endorse and has no
control over any User Submission.
Koowall cannot guarantee the authenticity of any data which users may
provide about themselves. You acknowledge
that all Content accessed by you using the Service is at your own risk and you
will be solely responsible for any damage or loss to any party resulting
therefrom.
Koowall has no obligation to monitor
the Site, Service, Content, or User Submissions. Koowall may remove any User Submission
at any time for any reason (including, but not limited to, upon receipt of
claims or allegations from third parties or authorities relating to such User
Submission), or for no reason at all.
Under no circumstances will Koowall be
liable in any way for any Content, including, but not limited to, any errors or
omissions in any Content, or any loss or damage of any kind incurred in
connection with use of or exposure to any Content posted, emailed, accessed,
transmitted or otherwise made available via the Service.
Termination.
Koowall may terminate your access to
all or any part of the Service at any time, with or without cause, with or
without notice, effective immediately, which may result in the forfeiture and
destruction of all information associated with your membership. If you wish to terminate your account,
you may do so by following the instructions on the Sites. Any fees paid hereunder are
non-refundable. All provisions of
the Terms of Use which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
Warranty Disclaimer.
Koowall has no special relationship
with or fiduciary duty to you. You acknowledge that Koowall has no control
over, and no duty to take any action regarding: which users gains access to the
Website; what Content you access via the Website; what effects the Content may
have on you; how you may interpret or use the Content; or what actions you may
take as a result of having been exposed to the Content. You release Koowall
from all liability for you having acquired or not acquired Content through the
Sites. The Sites may contain, or direct you to websites containing, information
that some people may find offensive or inappropriate. Koowall makes no representations
concerning any content contained in or accessed through the Sites, and Koowall
will not be responsible or liable for the accuracy, copyright compliance,
legality or decency of material contained in or accessed through the Sites.
THE SERVICE (INCLUDING, WITHOUT
LIMITATION, ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE”
AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE
OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. KOOWALL, AND ITS DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE
SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY
DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT
OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D)
THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT
YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
Electronic Communications Privacy Act
Notice (18USC 2701-2711): KOOWALL MAKES NO GUARANTY OF CONFIDENTIALITY OR
PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY
WEBSITE LINKED TO THE SITES. Koowall will not be liable for the privacy of
email addresses, registration and identification information, disk space,
communications, confidential or trade-secret information, or any other Content
stored on Koowall’s equipment, transmitted over networks accessed by the Sites,
or otherwise connected with your use of the Service.
Indemnification.
You shall defend, indemnify, and hold harmless
Koowall, its affiliates and each of its, and its affiliates employees, contractors, directors,
suppliers and representatives from all liabilities, claims, and expenses,
including reasonable attorneys' fees, that arise from or relate to (i) your use
or misuse of, or access to, the Sites, Service, Content or otherwise from your
User Submissions, (ii) your violation of the Terms of Use, or (iii)
infringement by you, or any third party using the your account, of any
intellectual property or other right of any person or entity. Koowall reserves the right to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will assist and cooperate with
Koowall in asserting any available defenses.
General Content
Disclaimer.
The Content provided by or through the
Service is for entertainment purposes only, and should not be relied upon. Koowall makes no representations or
warranties concerning the appropriateness, accuracy, reliability, usefulness,
completeness, or timeliness of such Content. No Content is intended to substitute for
personal advice from a qualified professional. When applicable, always seek the advice
of a qualified professional, and never disregard professional advice or delay
in seeking it because of any Content.
By using the Service, you agree that
Koowall shall not be responsible for (1) any Content, (2) any person’s reliance
on any such Content, whether or not correct, current and complete, or (3) the
consequences of any action that you or any other person takes or fails to take
based on any Content or otherwise as a result of your use of the Service.
Limitation of
Liability.
IN NO EVENT SHALL KOOWALL, NOR ITS
DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE
LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR
EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION,
ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING),
(II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE
SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY
DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS
($100.00). SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
International/Non-California
Use.
Koowall makes no representation that
the Content is appropriate or available for use in locations outside of
California, and accessing the Service is prohibited from territories where such
Content is illegal. If you access the
Service from other locations, you do so at your own initiative and are
responsible for compliance with local laws.
Dispute Resolution.
A printed version of the Terms of Use
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to the Terms of Use to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. You and Koowall agree that any cause of
action arising out of or related to the Service must commence within one (1)
year after the cause of action arose; otherwise, such cause of action is
permanently barred.
The Terms of Use shall be governed by
and construed in accordance with the laws of the State of California, excluding
its conflicts of law rules, and the United States of America. Any dispute arising from or relating to
the subject matter of this Agreement shall be finally settled by arbitration in
San Francisco County, California, using the English language in accordance with
the Arbitration Rules and Procedures of Judicial Arbitration and Mediation
Services, Inc. ("JAMS") then in effect, by one commercial arbitrator
with substantial experience in resolving intellectual property and commercial
contract disputes, who shall be selected from the appropriate list of JAMS
arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.
The prevailing party in the arbitration shall be entitled to receive
reimbursement of its reasonable expenses (including reasonable attorneys' fees,
expert witness fees and all other expenses) incurred in connection
therewith. Judgment upon the award
so rendered may be entered in a court having jurisdiction or application may be
made to such court for judicial acceptance of any award and an order of
enforcement, as the case may be.
Notwithstanding the foregoing, each party shall have the right to
institute an action in a court of proper jurisdiction for injunctive or other
equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the
parties consent to exclusive jurisdiction and venue in the United States
Federal Courts located in the Northern District of California. Use of the
Service is not authorized in any jurisdiction that does not give effect to all
provisions of the Terms of Use, including without limitation, this section.
Integration and
Severability.
The Terms of Use are the entire
agreement between you and Koowall with respect to the Service and use of the
Sites, and supersede all prior or contemporaneous communications and proposals
(whether oral, written or electronic) between you and Koowall with respect to
the Sites. If any provision of the
Terms of Use is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that the Terms of Use
will otherwise remain in full force and effect and enforceable. The failure of either party to exercise
in any respect any right provided for herein shall not be deemed a waiver of
any further rights hereunder.
Miscellaneous.
Koowall shall not be
liable for any failure to perform its obligations hereunder where such failure
results from any cause beyond Koowall’s reasonable control, including, without
limitation, mechanical, electronic or communications failure or degradation
(including "line-noise" interference). The Terms of Use are personal to you,
and are not assignable, transferable or sublicensable by you except with
Koowall's prior written consent.
Koowall may assign, transfer or delegate any of its rights and
obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is
created as a result of the Terms of Use and neither party has any authority of
any kind to bind the other in any respect.
In any action or proceeding to enforce rights under the Terms of Use,
the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will
be in writing and will be deemed to have been duly given when received, if
personally delivered or sent by certified or registered mail, return receipt
requested; when receipt is electronically confirmed, if transmitted by
facsimile or e-mail; or the day after it is sent, if sent for next day delivery
by recognized overnight delivery service.
Copyright and
Trademark Notices.
Unless otherwise indicated, the Terms
of Use and all Content provided by Koowall are copyright © 2011 Koowall,
Inc. All rights reserved.
Koowall and K are either trademarks or
registered trademarks of Koowall. The names of actual companies and products
mentioned at the Sites may be the trademarks of their respective owners.
Digital Millennium
Copyright Act Notice.
Koowall has adopted the following
general policy toward copyright infringement in accordance with the Digital
Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Koowall’s Designated
Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is
listed at the end of this policy.
It is Koowall’s policy to (1) block
access to or remove Content that it believes in good faith to be copyrighted
material that has been illegally copied and distributed by any of our
advertisers, affiliates, content providers, members or users; and (2) remove
and discontinue service to repeat offenders.
A.
Procedure for Reporting Copyright Infringements:
If you believe that Content residing on
or accessible through the Koowall web site or service infringes a copyright,
please send a notice of copyright infringement containing the following
information to the Designated Agent listed below:
1. A physical or electronic
signature of a person authorized to act on behalf of the owner of the copyright
that has been allegedly infringed;
2. Identification of works
or materials being infringed;
3. Identification of the
Content that is claimed to be infringing including information regarding the
location of the Content that the copyright owner seeks to have removed, with
sufficient detail so that Koowall is capable of finding and verifying its
existence;
4. Contact information about
the notifier including address, telephone number and, if available, e-mail
address;
5. A statement that the
notifier has a good faith belief that the Content is not authorized by the
copyright owner, its agent, or the law; and
6. A statement made under
penalty of perjury that the information provided is accurate and the notifying
party is authorized to make the complaint on behalf of the copyright owner.
A.
Once Proper Bona Fide Infringement Notification is
Received by the Designated Agent:
It is Koowall’s policy:
1. to remove or disable
access to the infringing Content;
2. to notify the Content
provider, member or user that it has removed or disabled access to the Content;
and
3. that repeat offenders
will have the infringing Content removed from the system and that Koowall will
terminate such content provider’s, member’s or user’s access to the service.
C. Procedure
to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user
believes that the Content that was removed or to which access was disabled is
either not infringing, or the Content provider, member or user believes that it
has the right to post and use such Content from the copyright owner, the copyright
owner’s agent, or pursuant to the law, the content provider, member or user
must send a counter-notice containing the following information to the
Designated Agent listed below:
1. A physical or electronic
signature of the Content provider, member or user;
2. Identification of the
Content that has been removed or to which access has been disabled and the
location at which the Content appeared before it was removed or disabled;
3. A statement that the
Content provider, member or user has a good faith belief that the Content was
removed or disabled as a result of mistake or a misidentification of the
Content; and
4. Content provider’s,
member’s or user’s name, address, telephone number, and, if available, e-mail
address and a statement that such person or entity consents to the jurisdiction
of the Federal Court for the judicial district in which the content provider’s,
member’s or user’s address is located, or if the Content provider’s, member’s
or user’s address is located outside the United States, for any judicial
district in which Koowall is located, and that such person or entity will
accept service of process from the person who provided notification of the
alleged infringement.
If a counter-notice is received by the
Designated Agent, Koowall’s may send a copy of the counter-notice to the
original complaining party informing that person that it may replace the
removed Content or cease disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the Content provider, member or user, the
removed Content may be replaced, or access to it restored, in 10 to 14 business
days or more after receipt of the counter-notice, at Koowall’s discretion.
Please contact Koowall’s Designated
Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive
Notification of Claimed Infringement:
Raúl de la Cruz Linacero
181 Freemont Street
San Francisco, CA 94105
a.
(415) 542.8724
fax. (415) 723.7654
Contact.
You may contact Koowall at the
following address: [email protected]
Effective Date: August 15, 2011
