Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any material on our Site infringes on your copyright, you (or your agent) may send our Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) a written notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:
1. an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
3. a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content
7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
PLEASE NOTE THAT, DUE TO SECURITY CONCERNS, ATTACHMENTS CANNOT BE ACCEPTED. ACCORDINGLY, ANY NOTIFICATION OF INFRINGEMENT SUBMITTED ELECTRONICALLY WITH AN ATTACHMENT WILL NOT BE RECEIVED OR PROCESSED.
Third Party Sites
The Site may contain links to websites and resources on the Internet which are controlled, owned and/or operated by third parties (the “third-party sites”). We do not make any representations or warranties about any third-party sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by us or imply that we sponsor, are affiliated or associated with or otherwise certify or recommend the third-party sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. You must make your own independent decisions regarding your interactions or communications with any other website.
We do not solicit nor do we wish to receive any confidential, proprietary or trade secret information or other material from you through this Site or our mail and e-mail addresses, or in any other way. Please note that any information, comments, suggestions, ideas, concepts, data, files, programs, footage, photographs or other materials (collectively, the “Unsolicited Materials”) sent to us or posted on the Site (e.g., user content) will be deemed non-confidential. By submitting, transmitting, posting or sending any such Unsolicited Materials to us, you represent and warrant that the information is original to you and that no other party has any rights to the Unsolicited Materials. Accordingly, any Unsolicited Material will become and remain our property.
User’s Grant Of Limited License
By communicating with us, including submitting, sending or posting Unsolicited Materials or other information or material to the Site and/or directly to us, you grant us the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, fully paid-up and fully sub-licensable right and license to use, post, copy, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate and create derivative works from such Unsolicited Materials (in whole or part) and otherwise exploit the Unsolicited Materials, including any information, suggestions, ideas, drawings or concepts contained in such Unsolicited Materials, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, with or without attribution to you. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to us. You represent and warrant that by submitting the Unsolicited Materials you agree to waive any “moral rights” you may have in the Unsolicited Materials.
From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.
Without limiting anything set out elsewhere in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Site at any time for any reason or no reason without prior notice or liability. We may change, suspend, discontinue or disable all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability. ONCE ACCESS TO THE SITE IS RESTRICTED, SUSPENDED OR TERMINATED, DATA STORED ON THE SITE MAY NOT BE RETRIEVED.
Your use and browsing of, and any reliance by you upon, this Site are at your own risk. If you are dissatisfied with the Site or any Content, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site. WE DO NOT REPRESENT OR ENDORSE THE TIMELINESS, ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT ON THE SITE AND YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH CONTENT SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT IN SOME CASES, THE CONTENT COULD BE MISLEADING, MISLABELED OR SIMPLY INACCURATE. FURTHERMORE, WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, ANY INFORMATION ON THE SITE AND ALL E-MAILS SENT BY US, OUR AFFILIATES AND SUBSIDIARIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELATED PARTIES”) ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” NEITHER WE, NOR OUR AFFILIATES OR SUBSIDIARIES, DISTRIBUTORS, SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE RELATED PARTIES MAKE ANY WARRANTIES, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the foregoing exclusions may not apply. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR AFFILIATES, AND SUBSIDIARIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE RELATED PARTIES, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE, OUR AFFILIATES AND SUBSIDIARIES, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF OUR OR THEIR RESPECTIVE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. “TECHNICAL DISRUPTION” INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
You agree to indemnify, defend and hold harmless, us, our affiliates, subsidiaries, and our and their respective officers, directors, employees and agents, from and against any and all claims (groundless or otherwise), actions, liability, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising out of or resulting from (i) any user content and/or other information or materials you submit, transmit or otherwise make available through the Site, (ii) your use of the Site, or (iii) your breach or alleged breach of the terms of this Agreement. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate as reasonably requested by us in the defense of any claim. In any event, you shall not settle any matter without our written consent.
Governing Law and Limitation of Actions
The terms of this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce this Agreement, to the jurisdiction of the federal and state courts located in New York, New York. No action, regardless of form, arising out of this Agreement, may be brought by either party more than one (1) year after the cause of action has arisen.
This Agreement constitutes the entire agreement relating to the subject matter herein. No other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter of this Agreement, except as referenced herein. 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.
This Agreement may be amended as set above. Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party or any right of any of the provisions of this Agreement. Further, the waiver by either party of a particular breach of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement. This Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section headings are for convenience only and have no legal or contractual effect. All rights not expressly granted herein are reserved.
or contact us by postal mail at:
Central National-Gottesman Inc.
Three Manhattanville Road
Purchase, New York 10577-2110
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