End User Licence Agreement (EULA)
INTRODUCTION; AGREEMENT TO THIS TERMS OF SERVICE
Welcome to the Comitic Inc. ("We", "Our") any and all mobile device software application, web site, web widgets, feeds and applications for third-party web sites and services, and any other mobile or web services or applications owned, controlled, or offered by Comitic Inc. (collectively, the "Services" or "Software"). Subscribers, customers, users, and others who download, access, use, purchase and/or subscribe to the Comitic Inc. Services (collectively or individually "You" or "Users") must do so under the following terms and conditions of use.
BEFORE USING ANY COMITIC INC. SERVICES AND OR SOFTWARE, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE COMITIC INC. SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE "AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE COMITIC INC. SERVICES IMMEDIATELY
THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND COMITIC INC.
You may receive a copy of this Agreement by emailing us at: email@example.com
PRIVACY NOTICE; GUIDELINES TO INDIVIDUAL FEATURES AND SERVICES
Comitic Inc.'s Privacy Notice is hereby incorporated into this Agreement by reference. Please read this notice carefully for disclosures relating to the collection, use, and disclosure of your personal information. When using any of the Comitic Inc. Services, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the "Guidelines").
MODIFICATION OF THIS AGREEMENT
OWNERSHIP; PROPRIETARY RIGHTS
The Comitic Inc. Services are owned and operated by Comitic Inc.. The Comitic Inc. Software, content, visual interfaces, information, graphics and/or graphical elements, design, compilation, computer code, products, software, services, communication protocols, security protocols, storage techniques including, but not limited to, the mobile device applications, and all other elements of the Comitic Inc. Services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Comitic Inc. Services are the property of Comitic Inc. or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Comitic Inc. Services are proprietary to Comitic Inc. or its affiliates and/or third-party licensors. Except as expressly authorized by Comitic Inc., you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
All the Comitic Inc. Services are unavailable to persons under the age of 14 or to any Users suspended or removed from the Comitic Inc. Services by Comitic Inc.. You agree that the information you provide to Comitic Inc. upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. Comitic Inc. will not in any event be held responsible for inaccurate and/or misrepresented user information.
When you register for the Comitic Inc. Services you may be asked to provide a password. We recommend passwords that use a combination of upper and lower case letters, numbers and symbols. As you will be responsible for all activities that occur under your account, you should keep your password strictly confidential at all times. YOU MUST NOTIFY Comitic Inc. IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL AND KNOWN ONLY TO YOU. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR Comitic Inc. ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
USAGE RULES; PROHIBITED CONDUCT & USES
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
- Use the Comitic Inc. Services if you are under the age of 14 years old;
- Post offensive or pornographic materials on any of the Comitic Inc. Services;
- Use the Comitic Inc. Services for any commercial or non-private use, without specifically being authorized to do so by Comitic Inc.;
- Use the Comitic Inc. Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, rights of publicity, and import or export control;
- Make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Comitic Inc. Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Comitic Inc. Services accounts of other Users;
- Share Comitic Inc.-issued passwords or access to your mobile device while Comitic Inc. is running and accessible with any third party or encourage any other user to do so;
- Misrepresent the source, identity or content of information transmitted via the Comitic Inc. Services;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Comitic Inc. Services, features that prevent or restrict use or copying of any content accessible through the Comitic Inc. Services, or features that enforce limitations on use of the Comitic Inc. Services;
- Intentionally interfere with or damage operation of the Comitic Inc. Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- Post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
- Post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
- Use the Comitic Inc. Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Comitic Inc. Services could lead directly to death, personal injury, or severe physical or property damage.
- Attempt to gain unauthorized access to the Comitic Inc. Services, or any part of it, other accounts, computer systems or networks connected to the Comitic Inc. Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Comitic Inc. Services or any activities conducted on the Comitic Inc. Service;
- You shall maintain a reasonable use of all the Comitic Inc. services and not try to abuse or misuse any of Comitic Inc. services in any way which may be construed as unreasonable or abusive use. Comitic Inc. preserves the right to deem what constitutes unreasonable and/or abusive use at its sole discretion.
- Use any robot, spider, scraper or other automated means to access the Comitic Inc. Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Comitic Inc. Services or modify the Comitic Inc. Services in any manner or form, nor to use modified versions of the Comitic Inc. Services, including (without limitation) for the purpose of obtaining unauthorized access to the Comitic Inc. Services; or
- Sell or transfer or allow another person to access your account password, profile, or Comitic Inc. Services account.
- Use the Comitic Inc. Services or any information displayed within the Comitic Inc. Services to "stalk", harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other users without their consent;
USAGE; REFUSAL OR SUSPENSION OF SERVICE
COMITIC INC. RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER'S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS. ACCORDINGLY, Comitic Inc. ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO THE SERVICES FOR ANY REASON AND WITHOUT ANY NOTICE.
You alone are responsible for your involvement with other Users. Comitic Inc. reserves the right, but has no obligation, to monitor disagreements between you and other Users.
Comitic Inc. does not control the content of User accounts and/or user generated information including but not limited to ratings, comments, reviews, likes, favorites etc. and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Comitic Inc. Services and/or share with other users via Comitic Inc. Services.
PLEASE NOTE: COMITIC INC. RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
The Comitic Inc. Services may accept submission of content by you and other Users ("User Submissions"). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Comitic Inc. to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Comitic Inc. Services and this Agreement;
By submitting User Submissions to Comitic Inc., you hereby grant Comitic Inc. a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, User Submissions in connection with the Comitic Inc. Services and Comitic Inc.'s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Comitic Inc. Services (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of the Comitic Inc. Services a non-exclusive license to access your User Submissions through the Comitic Inc. Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Comitic Inc. Services and under this Agreement.
You understand that when using the Comitic Inc. Services you may be exposed to User Submissions from a variety of sources, and that Comitic Inc. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Comitic Inc. with respect thereto.
Comitic Inc. assumes no responsibility whatsoever in connection with or arising from User Submissions. You understand that whether or not such User Submissions are published, Comitic Inc. does not guarantee any confidentiality with respect to any User Submissions. Comitic Inc. assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Comitic Inc. chooses, in its sole discretion, to monitor User Submissions, Comitic Inc. nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, Comitic Inc. does not endorse and has no control over the content of User Submissions submitted by other Users. Comitic Inc. makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Comitic Inc. reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The Comitic Inc. Services may include links to other web sites or services. Comitic Inc. does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Comitic Inc. makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Comitic Inc. Services are solely between you and such advertiser. You agree that Comitic Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Comitic Inc. Services.
Parties other than Comitic Inc. may provide services or sell products via the Comitic Inc. Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Comitic Inc. does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
END USER LICENSES
LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use the Comitic Inc. Software you must have a computing device compatible with the Comitic Inc. Services. Computing device in this context is including but not limited to a smartphone, tablet, laptop, desktop or a wearable/portable device. Comitic Inc. does not warrant that the Comitic Inc. Services will be compatible with your computing device partially or in their entirety
- License Grant: Comitic Inc. hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Comitic Inc. Software
- Restrictions: You may not: (i) modify, disassemble, decompile or reverse engineer the Comitic Inc. Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Comitic Inc. Software to any third party or use the Comitic Inc. Software to provide time sharing or similar services for any third party; (iii) make any copies of the Comitic Inc. Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Comitic Inc. Software, features that prevent or restrict use or copying of any content accessible through the Comitic Inc. Software, or features that enforce limitations on use of the Comitic Inc. Software; or (v) delete the copyright and other proprietary rights notices on the Comitic Inc. Software.
- Software Upgrades: You acknowledge that Comitic Inc. may from time to time issue upgraded versions of the Comitic Inc. Software, and may automatically electronically upgrade the version of the Comitic Inc. Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
- Open Source: With respect to any open source or third-party code that may be incorporated in the Comitic Inc. Software, such open source code is covered by the applicable open source or third-party EULA, if any, authorizing use of such code.
- Rights Reserved: The foregoing license grant under this Agreement is not a sale of the Comitic Inc. Software or any copy thereof and Comitic Inc. or its third party partners or suppliers retain all right, title, and interest in the Comitic Inc. Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Comitic Inc. reserves all rights not expressly granted under this Agreement.
You agree that if Comitic Inc. in the good faith believes that you have violated any of the terms and conditions of this Agreement, it may terminate any account or subscription (or any part thereof) you have with the Comitic Inc. Services or use of the Comitic Inc. Services and remove and discard all or any part of your account or any User Submission, at any time. You further agree that Comitic Inc. may terminate any part of the Comitic Inc. Services if (1) the partner with whom we offered the service to you has terminated its relationship with Comitic Inc. or ceased to offer the service to you, (2) in Comitic Inc. 's opinion, the service is no longer commercially viable, or (3) we are required to do so by law. You agree that any termination of your access to the Comitic Inc. Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Comitic Inc. will not be liable to you or any third-party for any such termination. Comitic Inc. does not permit copyright infringing activities on the Comitic Inc. Services, and reserves the right to terminate access to the Comitic Inc. Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Comitic Inc. Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Comitic Inc. may have at law or in equity.
DISCLAIMERS; NO WARRANTIES
THE COMITIC INC. SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE COMITIC INC. SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. COMITIC INC., AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION COMITIC INC. THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMITIC INC. DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN SOFTWARE.
COMITIC INC. AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION COMITIC INC.'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMITIC INC. SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMITIC INC. SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMITIC INC. MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. THE COMITIC INC. FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS OR TO ANY THIRD PARTY.
COMITIC INC., AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION COMITIC INC.'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE COMITIC INC. SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, OR OTHERWISE. YOU (AND NOT COMITIC INC. OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED DIRECTLY OR INDIRECTLY TO THE COMITIC INC. SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMITIC INC. SERVICES AT YOUR OWN DISCRETION AND RISK.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold Comitic Inc., its affiliated companies, and its suppliers and partners (including, without limitation, Comitic Inc.'s wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of any information or the Comitic Inc. Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement. Comitic Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with and provide any necessary information for our defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL Comitic Inc. OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, Comitic Inc.'S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR PERSONAL AND/OR GENERAL INFORMATION; (B) YOUR USE OR INABILITY TO USE THE Comitic Inc. SERVICES; (C) THE Comitic Inc. SERVICES GENERALLY OR THE Comitic Inc. SOFTWARE OR SYSTEMS THAT MAKE THE Comitic Inc. SERVICES AVAILABLE; OR (D) THE INACCURACY OF THE INFORMATION PROVIDED BY Comitic Inc. ; (E) ANY OTHER INTERACTIONS WITH Comitic Inc. OR ANY OTHER USER OF THE Comitic Inc. SERVICES, EVEN IF Comitic Inc. OR A Comitic Inc. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL Comitic Inc.'S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, Comitic Inc.'S WIRELESS CARRIER PARTNERS') TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE Comitic Inc. SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE Comitic Inc. SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN Comitic Inc. AND RECEIVED THROUGH OR ADVERTISED ON THE Comitic Inc. SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE Comitic Inc. SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT Comitic Inc.'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
It is Comitic Inc.'s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Comitic Inc. will promptly terminate without notice the accounts of Users that are determined by Comitic Inc. to be "repeat infringers." A repeat infringer is a User who has been notified by Comitic Inc. of infringing activity violations more than twice and/or who has had a User Submission removed from the Comitic Inc. Services more than twice.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on any Comitic Inc. Services infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Comitic Inc. 's Designated Copyright Agent with the following information in writing:
- 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 applicable Comitic Inc. Services are covered by a single notification, a representative list of such works on the applicable Comitic Inc. Services;
- 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 Comitic Inc. to locate the material;
- Information reasonably sufficient to permit Comitic Inc. to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail 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 (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein 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 (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
Comitic Inc.'s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent at firstname.lastname@example.org
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability .
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any principles of conflicts of law.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Comitic Inc. Services shall be filed only in the state or federal courts in and for Norfolk County, Massachusetts and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Either Comitic Inc. or you may demand that any dispute or claim between Comitic Inc. and you about or involving the Comitic Inc. Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA") in Boston, Massachusetts, USA and, if so demanded by Comitic Inc. or you, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA in Boston, MA to resolve the applicable dispute or claim; provided that the foregoing shall not prevent Comitic Inc. from seeking injunctive relief in a court of competent jurisdiction.
Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Notices. You agree that Comitic Inc. may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Comitic Inc. Services. Notice will be deemed given twenty-four hours after email is sent, unless Comitic Inc. is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Comitic Inc. Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Comitic Inc. Services are deemed given and binding 30 days following the initial posting.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Comitic Inc. without restriction.
Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby survive any termination of this Agreement or any termination of your use of or subscription to the Comitic Inc. Services.
Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Comitic Inc. as set forth in Section entitled MODIFICATION OF THIS AGREEMENT above.
Claims. YOU AND Comitic Inc. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Comitic Inc. SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED