Terms of Use

Effective: May 25, 2018

Introduction

1.1 These Terms of Use govern your access to, browsing and/or use of our website, regardless of whatever user device you are using (including without limitation desktop, laptop or mobile web browser, mobile phones, tablets, and other handheld mobile or digital devices). Your agreement with us includes these Terms of Use and in addition, our Privacy Policy and the provisions of our LEGAL – INTERNATIONAL USERS page. See also Section 26 (Entire agreement) concerning additional terms and conditions contained in any of our online forms that you submit.

1.2 When you use, access or browse our website, submit forms, subscribe for email or online services (including blogs and newsletters) or send us an email, you will be deemed to have agreed to be bound by these Terms of Use and our Privacy Policy in full, as well as the provisions of our LEGAL – INTERNATIONAL USERS page; if you disagree with our Terms of Use or Privacy Policy or the provisions of our LEGAL – INTERNATIONAL USERS page or any part of them, please exit our website and do not use any of its content, services or features.

If your country of residence or the location where you are accessing our website requires that our Terms of Use and/or Privacy Policy be translated into the language of such country or location to be binding, please review our LEGAL – INTERNATIONAL USERS page before using our website or any of its features.

1.3 If you request information, subscribe to our blog, newsletter, submit testimonials, endorsements or any other material to our website or use certain website features or services, you may be required to agree to additional terms and you will be bound by any applicable and additional terms as well as these Terms of Use; you may only do so if you can form a binding contract with us and are not legally prohibited from doing so.

1.4 You must be at least 16 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age. However, to be eligible for an account on our website under Section 6, you must be 18 years of age or older.

1.5 Our website uses cookies; by using our website or agreeing to these Terms of Use, you consent to our use of cookies in accordance with our Terms of Use and Privacy Policy. Clicking on the security icon to the left of the URL address on any of our webpages may indicate the type cookies in use or blocked.

1.6 Any modifications, additions or deletions to our Terms of Use or Privacy Policy (as well as our LEGAL – INTERNATIONAL USERS page) shall be effective immediately upon posting. Your continued use of our website following the posting of an updated Terms of Use, Privacy Policy or LEGAL – INTERNATIONAL USERS page means that you agree to those changes.

1.7 If you access our website through a mobile application or other type of third-party platform, the “End User License Agreement” or “Terms of Use” or “Terms and Conditions” for the mobile service through which you downloaded the mobile application or third-party platform may apply in addition to our Terms of Use.

Copyright and other intellectual property

2.1 The contents and materials on this website (including without limitation text, graphics, images, audio material, video material, and audio-visual material) are protected by United States and foreign copyright laws or international treaties. In addition, our website may contain logos, trademarks or service marks owned or licensed by us or by others. Your use of our website does not confer upon you any right or license to use such logos, trademarks or service marks without the prior express written permission of the respective owners.

Images, photos or other materials on this website may be in the public domain or licensed to us or others under various types of licenses, which may or may not require credit or attribution, license symbols (such as those of Creative Commons), or links to such licensors. If you download or print any of these images, photos or materials pursuant to any right to do so under Section 3 (License to use website) you must maintain all copyright and notice information.

2.2 Subject to the express provisions of these Terms of Use:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights (e.g., logos, trademarks or service marks) in our website and the content and material on our website;

(b) all the copyright and other intellectual property rights in our website and the content and material on our website are reserved by their respective owners, other than as specifically granted under the license granted to users under our Terms of Use;

(c) ownership of any intellectual property rights that you hold in any content that you submit or make available for inclusion on our website and the license granted by you to us (and the users of our website) is governed by Section 8 of these Terms of Use;

(d) we are not required to treat any communications, information, blogs, comments, testimonials, endorsements or other material submitted to us as confidential, subject, however, to the terms of our Privacy Policy. Copyright laws protect the expressions of ideas, rather than ideas in and of themselves; accordingly any ideas or suggestions that you submit to us or post on our website as a comment (if comments are allowed) are considered non-proprietary and may be used by us in any manner without compensation, attribution or your approval; you agree that we will not incur any liability as a result of any similarities that may appear in future products, content or services; and

(e) all content, materials, testimonials, endorsements, and user comments provided to us for publication on our website are deemed to have been provided in full knowledge and acceptance of the most recent Terms of Use, Privacy Policy and our LEGAL – INTERNATIONAL USERS page as displayed on our website.

2.3 We respect the intellectual property rights of others and expect users of our website to do the same. We may, in circumstances that we deem appropriate and in our sole discretion, remove or disable access to any content or material on our website that we believe (or receive notice) may infringe on the rights of others.

2.4 It is our policy to respond promptly to any claim that content posted on this website infringes the copyright of any person. We will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action in accordance with our Terms of Use and our other policies where we believe an infringement has taken place, including removing or disabling access to the content claimed to be infringing and/or terminating accounts and access to the website.

2.5 If you believe in good faith that your work has been copied in a way that constitutes copyright infringement by any content or material on this website, you may notify our Designated Copyright Agent or Copyright Manager, as applicable:

(a) File a Takedown Notice (“Notice”) with our Designated Copyright Agent in accordance with Section 21.2 of these Terms of Use, pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law; or

(b) If your alleged infringement claim is NOT subject to United States copyright law, file a notice of alleged copyright infringement with our Copyright Manager in the manner set forth in Section 2.6. Please note that our Copyright Manager, who handles non-United States copyright matters, is not the same as our Designated Copyright Agent, who does handle United States copyright matters.

(c) It is suggested that you consult with an attorney or solicitor before filing an infringement notice under either (a) or (b), as applicable.

2.6 For your complaint to be given proper consideration, you must provide ALL of the following information (IN THE ENGLISH LANGUAGE) in writing when providing notice of the alleged copyright infringement; in order to expedite our ability to process your request, please use the following format:

(a) Identification of the non-U.S. copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(b) 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 that material;

(d) Name of copyright owner;

(e) Required information so that we can contact you: name, mailing address, telephone number, and email address;

(f) Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law.”
“I hereby state that the information in this Notice is accurate, and under penalty of perjury, that I am the copyright owner or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(g) Provide your full legal name and sign your electronic or physical signature.

(h) All written Notices should be sent to the following Copyright Manager:

Address: eMazzanti Technologies, 701 Grand Street, Hoboken, New Jersey 07030.

Email address of Copyright Manager: “[email protected]”. Do NOT send to “mailto:[email protected]”, as this will end up in our spam folder.

If your Notice is sent by email, the subject line should read: “Copyright Manager – Non-US Copyright Infringement Notice.”

2.7 NOTE THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, ATTORNEYS’ FEES AND COSTS INCURRED BY US, ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE ON YOUR MISREPRESENTATION.

2.8 We reserve the right to remove any content or materials alleged or believed to be infringing copyright or other intellectual property rights without prior notice, in our sole discretion, and without liability to you or anyone else.

2.9 Upon our request, you agree to promptly furnish us with any documentation, substantiation and releases necessary or reasonably required to verify that you have secured all necessary permission and licenses for contributing any content to us that does not constitute your original work of authorship.

Licence to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser,

subject to the other provisions of these Terms of Use.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these Terms of Use, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these Terms of Use, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, you must not:
(a)    republish material from our website (including republication on another website);
(b)    sell, rent or sub-license material from our website;
(c)    show any material from our website in public;
(d)    exploit material from our website for a commercial purpose; or
(e)    redistribute material from our website.

You may, however, from time to time, excerpt and use materials on this website consistent with the U.S. principles of “fair use” or the U.K. principles of “fair dealing”, as appropriate.

3.6 In order to allow interaction between users and bloggers, and to provide the broadest dissemination of our content, our website includes several social media buttons which may allow users to follow, share, recommend or “like” our content, in addition to allowing users to post comments (if permitted under these Terms of Use).

3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

RSS feed

4.1 You may access our RSS feed using an RSS reader or aggregator.

4.2 By accessing our RSS feed you accept these terms and conditions.

4.3 Subject to your acceptance of these Terms of Use, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our RSS feed in unmodified form on any website owned and operated by you, providing that you must not aggregate our RSS feed with any other feed when displaying it in accordance with this Section 4.3.

4.4 It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).

4.5 We may revoke any licence set out in this Section 4 at any time, with or without notice or explanation.

Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means;

(f) violate the directives set out in the robots.txt file for our website]; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5.4 Recognizing the global nature of the Internet, you agree to comply with all applicable domestic and international laws and rules regarding your conduct and your access and use of our website, its content, services and software. In particular, you agree to comply with all applicable laws regarding the downloading and/or transmission of technical data exported from the United States or the country in which you reside or in which you access our website. We make no representation that any material or content on our website is appropriate or may be accessed or downloaded outside the United States or outside the country in which such material or content was produced or created. Access to our website, and the material and content on our website, may not be legal in certain countries or for certain persons. If you access our website or any of its material or content from outside of the United States, you do so at your own risk (for which we shall not be liable) and are responsible for compliance with the laws of the jurisdiction in which you reside or in which you access our website. See our LEGAL – INTERNATIONAL USERS page for additional information.

Registration and accounts

6.1 Users are not required to log in to access our website and are not required to become registered users unless they wish to access or use certain parts of the website. To be eligible for an account on our website under this Section 6, you must be 18 years of age or older.

6.2 You may register for an account with our website by completing and submitting the account registration form. First go to the Help page and click on Customer Account Portal; next click on Request access, fill out the Request Access form and send your request.

6.3 You must not allow any other person to use your account to access any part of the website.

6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

User ID and login details

7.1 Users are not required to log in to access our website. However, a password and user ID (or email address) may be required to log in to certain parts of the website. You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure

7.6 We may:

(a) suspend your account;

(b) cancel your account; and/or

at any time in our sole discretion without notice or explanation.

7.7 You may cancel your account on our website by notifying us as provided in Section 28.

Your content: licence

8.1 In these Terms of Use, “your content” means all blogs, works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, articles, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website, excluding, however, any of our interviews with you as well as any of our video stories in which you appear.

8.2 You grant to us an irrevocable, non-exclusive, royalty-free license to use, reproduce, store, modify, adapt, publish, translate and distribute your content (in whole or in part) throughout the universe in any existing or future media on and in relation to this website and any successor website, and alone or together with or as part of other information, content and/or material of any kind and nature.

8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.

8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

8.5 You hereby waive all your moral rights (including without limitation the right to paternity, integrity, disclosure and withdrawal, as well as the right to remain anonymous) in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law. To the extent that you may not waive any moral rights in your content under applicable law, you agree not to assert any such moral rights with respect thereto or interfere with the use of your content by us, our licensees or website users.

Notwithstanding the foregoing provisions, you retain the right of attribution, including the right to be identified as the author of your content under your name or pseudonym, but not the right to remain anonymous.

8.6 You grant all users of our website, whether registered or visitors, all rights granted to them in these Terms of Use with respect to your content, including without limitation those in Section 3 (License to use website), and in particular Section 3.6 (i.e., sharing, recommending or liking your content).

8.7 Without prejudice to our other rights under these Terms of Use, if you breach any provision of these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may delete, unpublish or edit any or all of your content.

Your content: rules

9.1 You warrant and represent that your content will comply with these Terms of Use.

9.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3 Your content, and the use of your content by us in accordance with these Terms of Use, must not:

(a) be libellous or maliciously false;

(b) be obscene or pornographic;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute an incitement to commit a crime[, or instructions for the commission of a crime or the promotion of criminal activity];

(f) be in contempt of any court, or in breach of any court order; or

(g) be in breach of any contractual obligation owed to any person.

9.4 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these Terms of Use.

9.5 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Testimonials and Endorsements

Testimonials and endorsements appearing on our website are located on various pages on our website, such as “Case Studies” or “Blog” or a separate “Testimonials page.” These may originate from interviews with clients or online reviews from other sources, such as Google Plus. They are individual experiences that reflect actual experiences of those who have used our products and/or services. However, we do not claim that they are typical results that clients will generally achieve as the needs of individual clients vary. Although the testimonials and endorsements displayed are generally stated verbatim (other than correction of grammatical or typing errors), some have been shortened for editing purposes or are excerpts from interviews; others may be included in videos.

Report abuse

11.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these Terms of Use, please let us know.

11.2 You can let us know about any such material or activity by email or in writing as provided in Section 28.

Limited warranties

12.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation, and to remove your testimonials, endorsements or other content; and save to the extent expressly provided otherwise in these Terms of Use, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these Terms of Use, our website and the use of our website. This website and the information, software and other material or content available on or accessible from this website is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Limitations and exclusions of liability

13.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these Terms of Use:

(a) are subject to Section 13.1; and

(b) govern all liabilities arising under these Terms of Use or relating to the subject matter of these Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms of Use.

13.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, reputation or goodwill.

13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

13.7 We will not be liable to you in respect of any special, indirect, incidental or consequential loss or damage that results in any way from your use of or inability to use our website or your reliance on or use of information, services or merchandise provided on or accessible through the website, or that results from mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation or transmission, or any failure of performance, as well as incompatibility of the website with any of your equipment, software or telecommunication links.

Indemnity

14.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation reasonable attorneys’ fees and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions, or use of our website under certain conditions as provided in our LEGAL -INTERNATIONAL USERS page.

Breaches of these terms and conditions

15.1 Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

15.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Third party websites

16.1 Our website may include hyperlinks to other websites owned and operated by third parties, some of which may include our clients; such hyperlinks are for convenience and are not recommendations. We have not reviewed the information on these websites or the accuracy or reliability of any information, data, opinions, advice or statements contained on them.

16.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

16.3 You are subject to the rules and procedures (including terms of use and privacy policies) of third-party websites while using them. See Section 17 (Linking policy) for additional provisions concerning links to or from third-party websites.

Linking policy

17.1 Introduction

(a) We welcome links to our website made in accordance with the provisions of these Terms of Use.

(b) This Section 17 is intended to assist you when linking to our website.

17.2 Links to our website

(a) Links pointing to our website must not be misleading or misrepresent your relationship with eMazzanti Technologies.

(b) Appropriate link text should always be used in links pointing to our website.

(d) You must not link to our website using any inline linking technique.

(e) You must not frame the content of our website or any of its pages or use any similar technology in relation to the content of the website.

17.3 Links from our website

(a) Our website may include hyperlinks to other websites owned and operated by third parties, some of which may include our clients; such hyperlinks are for convenience and not recommendations. We have not reviewed any material, including computer software or security features, made available through third-party websites or webpages or their terms of use, cookies or privacy policies.

(b) We have no control over the contents of third-party websites, and we accept no responsibility for them or their privacy practices or for any loss or damage that may arise from your use of them. The security of each third-party link cannot be guaranteed by us. However, clicking on the security icon to the left of the URL address (once a third-party link is clicked) may indicate the type of security, cookies in use, and other information, such as Location, Java Script, Flash, Popups, etc., depending on your browser, but the accuracy of this information cannot be guaranteed by us either.

17.4 Removal of links

(a) You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.

(b) If you would like us to remove a link to your website that is included on this website, please contact us using the contact details below in Section 28. Unless you have a legal right to demand removal, such removal will be at our discretion.

Trademarks

18.1 Our logos and our other registered and unregistered trademarks (or trade names) are trademarks (or trade names) belonging to us; you may not use any of these logos, trademarks (or trade names) without our express permission, and use without our permission may constitute an infringement of our rights.

18.2 The third-party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these Terms of Use, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

Personal data of children

19.1 Our website and services are targeted at persons over the age of 16. We do not knowingly collect or process information from individuals who are under 16 years old. If you are under 16 years old, you may not submit any personal data to us.

19.2 If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.

19.3 If you are a parent or guardian and believe that we have collected information about a child under the age of 16, please contact the Data Protection Manager in the manner described in Section 29.

COPPA (Children’s Online Privacy Protection Act) Notice

20.1 This website is not designed for use by or directed to individuals under the age of 13. Although our website prohibits the posting of content (blogs, comments, testimonials, endorsements or other material, etc.) that is obscene or pornographic, some content may be inappropriate for viewing by individuals under the age of 13.

20.2 If we discover that anyone has accessed our website and provided or disclosed personally identifiable information of any individual under the age of 13, we will delete the information as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. You acknowledge that we do not verify the age of our users nor do we have any responsibility to do so, or any liability from not doing so.

20.3 Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by searching for “parental control protection.”

DMCA (Digital Millennium Copyright Act) – Takedown Notices

21.1 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If U.S. copyright law does not apply to your work, see Section 2 (Copyright and other intellectual property) concerning alleged copyright infringement.

21.2 If you believe in good faith that your work has been copied in a way that constitutes copyright infringement by any content or material on this website, you may file a Takedown Notice (“Notice”) with our Designated Copyright Agent in the manner described below. For your complaint to be valid under the DMCA, you must provide ALL of the following information (IN THE ENGLISH LANGUAGE) in writing when providing notice of the alleged copyright infringement; in order to expedite our ability to process your request, please use the following format:

(a) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(d) Required information so that we can contact you: name, mailing address, telephone number, and email address;

(e) Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law.”
“I hereby state that the information in this Notice is accurate, and under penalty of perjury, that I am the copyright owner or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

(f) Provide your full legal name and sign your electronic or physical signature.

(g) All written Notices should be sent to the following Designated Copyright Agent:

Designated Copyright Agent: Rick Chapo

Address:

DMCAAgentService.com, PO Box 373, Pine Valley, CA 91962

Telephone number: 800-804-7260

Email address of Designated Copyright Agent: [email protected].

If your Notice is sent by email, the subject line should read: “Designated Copyright Agent – DMCA Infringement Notice.”

(h) The name of the Service Provider registered with the U.S. Copyright Office’s DMCA Designated Agent Directory is Mazzanti, Inc., 701 Grand Street, Hoboken, New Jersey 07030. However, all Notices sent to the Service Provider are invalid and, instead, must be sent to the Designated Copyright Agent listed above.

21.3 NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, ATTORNEYS’ FEES AND COSTS INCURRED BY US, ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE ON YOUR MISREPRESENTATION.

21.4 If you believe that a DMCA notice of alleged copyright infringement was wrongly filed against you, the DMCA permits you to make a counter-notification.

21.5 If you believe that any content, comments or materials you posted, uploaded or submitted to us were subsequently removed from our website, or to which access was disabled, were improperly removed or disabled, you may notify our Designated Copyright Agent in the manner described below. See Section 21.5(f).

For your counter-notification (Counter Notice) to be valid under the DMCA, you must provide ALL of the following information in writing (IN THE ENGLISH LANGUAGE); in order to expedite our ability to process your request, please use the following format:

(a) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(b) Name of the copyright owner;

(d) Include both of the following statements in the body of the Counter Notice:

“I consent to the jurisdiction of the Federal District Court for [insert the federal judicial district in which your address is located, or if you are a non-resident of the United States, insert: United States District Court for the District of New Jersey], and I will accept service of process from the person who submitted the infringement claim or an agent of such person.”
“I hereby state, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”

(e) Provide your full legal name and sign with your electronic or physical signature.

(f) All written Counter Notices should be sent to the following Designated Copyright Agent:

Designated Copyright Agent: Rick Chapo

Address: DMCAAgentService.com, PO Box 373, Pine Valley, CA 91962

Telephone number: 800-804-7260

Email address of Designated Copyright Agent: [email protected].

(g) The name of the Service Provider registered with the U.S. Copyright Office’s DMCA Designated Agent Directory is Mazzanti, Inc., 701 Grand Street, Hoboken, New Jersey 07030. However, all Counter Notices sent to the Service Provider are invalid and, instead, must be sent to the Designated Copyright Agent listed above.

If your Counter Notice is sent by email, the subject line should read: “Designated Copyright Agent – DMCA Infringement Counter Notice.”

21.6 The information in this Section 21 sets forth our procedures for filing DMCA infringement notifications and counter-notifications, and is not legal advice; it should not be relied upon as such and may not reflect the latest changes in the law or applicable regulations. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Before you file a DMCA notification or counter-notification, you should first consult with your attorney or solicitor. It is even more important to consult an attorney or solicitor before filing a counter-notification if you are a non-U.S. resident, particularly as you will be consenting to the jurisdiction of the United States courts.

21.7 You should note that filing an infringement counter-claim will result in disclosure of personal information when it is forwarded to the person who filed the infringement claim.

21.8 We reserve the right to remove any content or materials alleged or believed to be infringing copyright or other intellectual property rights without prior notice, in our sole discretion, and without liability to you or anyone else.

Variation or Amendment

22.1 We may revise these terms and conditions of this Terms of Use document from time to time.

22.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised Terms of Use on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

22.3 Your continued use of our website following the posting of an updated Terms of Use, Privacy Policy or LEGAL – INTERNATIONAL USERS page means that you agree to those changes; if you disagree with such changes or any part of them, please exit our website and do not use any of its content, services or features.

Assignment

23.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use.

23.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms of Use.

Severability

24.1 If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

24.2 If any unlawful and/or unenforceable provision of these Terms of Use would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

25.1 A contract under these Terms of Use is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

25.2 The exercise of the parties’ rights under a contract under these Terms of Use is not subject to the consent of any third party.

Entire agreement

26.1 Subject to Section 13.1 and Section 27.4, these Terms of Use, together with our Privacy Policy and LEGAL – INTERNATIONAL USERS page, shall constitute the entire agreement (the “Agreement” or this “Agreement”) between you and us concerning your access to, browsing and/or use of the website, its content, services or features, and shall supersede all previous agreements between you and us in relation to your use of our website.

26.2 Notwithstanding the provisions of Section 26.1, but subject to the provisions of Section 13.1, the terms and conditions (including your representations) contained in any online forms used to request information, submit testimonials, endorsements, or other content for posting on our website, or to subscribe to emails, blogs or newsletters, are also included as part of the Agreement.

Governing law, jurisdiction and venue

27.1 This Agreement (as defined in Section 26), and the relationship between you and us, and any dispute, controversy, proceedings or claim of whatever nature (including any non-contractual disputes or tort claims or other claims) arising under, out of or in any way relating to the Agreement or its formation (occurring upon acceptance of its provisions by your consent or deemed acceptance by your use of our website) and the transactions contemplated thereby, shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict or choice of law rules, provisions or principles, and, where applicable the laws of the United States.

27.2 The New Jersey state and federal courts shall have exclusive jurisdiction to hear and decide any suit, action or proceeding, and/or to settle any dispute, controversy, or claim of whatever nature, as well as non-contractual claims or obligations, which may arise under, out of or relate to this Agreement or its formation (as defined above in Section 23) and the transactions contemplated thereby, and, by your use of this website, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.

27.3 Although our website may be available worldwide, you understand and agree that the laws of your home jurisdiction may provide privacy or other protections not provided in the United States under federal or state laws, and that by visiting the website, you unequivocally agree to submit and adjudicate any disputes which arise out of such use pursuant to the provisions of this Section 27 of the Terms of Use.

27.4 NOTE: eMazzanti Technologies may provide products or services or access via this website under the terms of a separate agreement between you and eMazzanti Technologies, such as a license agreement or separate terms of service or sale and warranty terms (each, an “Other Agreement”). eMazzanti Technologies’ obligations regarding any service, product, warranty or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement (including its provisions governing applicable law, jurisdiction and venue) and these Terms of Use shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between these Terms of Use and any Other Agreement, the Other Agreement shall control.

Our details and contact information

28.1 This website is owned and operated by Mazzanti, Inc., a Delaware corporation, d/b/a eMazzanti Technologies.

28.2 Our principal place of business is at 701 Grand Street, Hoboken, New Jersey 07030.

28.3 You can contact us:

(a) by mail, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email at “[email protected]”.

Do NOT send to “mailto:[email protected]”, as this will end up in our spam folder. Please note that any information sent to us by email (either directly or through our contact or other forms) is not necessarily secure in transit, and might be subject to interception by third parties.

28.4 All DMCA Notices or Counter Notices concerning U.S. Copyright law sent to the Service Provider are invalid and, instead, must be sent to the “Designated Copyright Agent” listed above under Sections 21.2 (g) and 21.5 (f). Notices of alleged copyright infringement involving non-U.S. Copyright law, instead, should be sent to the “Copyright Manager” designated in Section 2.6.

Data Protection Manager

Our Data Protection Manager may be contacted at the postal address in Section 28, or my email at “[email protected]”; the subject line of your email should read: ATTN: Data Protection Manager. Do NOT send to “mailto:[email protected]”, as this will end up in our spam folder. Please note that any information sent to us by email (either directly or through our contact or other forms) is not necessarily secure in transit, and might be subject to interception by third parties.

In addition to the Terms of Use, use of our website is also subject to our Privacy Policy and LEGAL – INTERNATIONAL USERS page

If your country of residence or the location where you are accessing our website requires that our Terms of Use and/or Privacy Policy be translated into the language of such country or location to be binding, please review (before using our website or any of its features) our LEGAL – INTERNATIONAL USERS page

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