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Terms to use |
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PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF
OR ACCESS TO THE SITES AND/OR SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE
TERMS OF USE. |
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Application of Terms of Use.
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The following terms and conditions govern all use of the
various websites owned and operated by The Disk Interactive, LLC. (The Disk) (including,
without limitation, www.The Disk.com, www.TheDisk.net) (collectively, the Sites) and the services
available on or in connection with the Sites, which may include, without limitation,
services relating to video and other content hosting, uploading, sharing and publishing,
website and group creation and hosting (under both "The Disk" domains and domains
selected by users) and forums (collectively, the Service). 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 The Disk. |
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In addition, some services offered through the Service
may be subject to additional terms and conditions about which we will notify you
(as applicable); your use of such services is subject to those additional terms
and conditions, which are incorporated into these Terms of Use by this reference. |
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The Service is available only to individuals who are at
least 18 years old. If you are not at least 18 years old, do not attempt to register
for or use the Service. The Disk may, in its sole discretion, refuse to offer
the Service to any person or entity and change its eligibility criteria at any time. |
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Modification of Terms of
Use.
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The Disk reserves the right, in its sole discretion,
to modify these Terms of Use at any time by posting a notice on the Sites, or by
sending you a notice via email, postal mail or otherwise. You shall be responsible
for reviewing and becoming familiar with any such modifications. Such modifications
are effective upon first posting or notification, and use of the Sites or any Service
by you following such posting or notification constitutes your acceptance of the
Terms of Use as modified. You agree to review the Terms of Use regularly to ensure
that you are updated as to any changes. |
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Privacy.
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The Disk's current Sites privacy policy is located at
http://www.The Disk.net/privacy.aspx (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 issue, please contact aaron@thedisk.com |
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Rules and Conduct.
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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. For purposes of the Terms
of Use, Content includes, without limitation, any videos, written forum comments,
information, data, text, software, scripts, graphics, and interactive features generated,
provided, or otherwise made accessible by The Disk or its partners on or through
the Service. You agree that the Content is protected by copyrights, trademarks,
service marks, patents, trade secrets or other proprietary rights and laws. Except
as expressly authorized by The Disk in writing, you shall not to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative works from such Content (excluding
your own User Submissions). However, The Disk grants you a limited, revocable,
non-exclusive, non-sublicensable license to reproduce and display the Content (excluding
any software code) for your own personal, non-commercial use; provided, that you
retain all copyright and other proprietary notices contained therein. Reproducing,
copying or distributing any Content, materials or design elements on the Sites or
Service for any other purpose is strictly prohibited without the express prior written
permission of The Disk. |
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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 Sites or Service, that: |
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1.
infringes
any patent, trademark, trade secret, copyright, right of publicity or other right
of any other person or entity;
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2.
is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene,
offensive, or profane;
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3.
constitutes unauthorized or unsolicited advertising, junk
or bulk e-mail ("spamming");
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4.
involves commercial activities and/or sales without The Disk's
prior written consent such as contests, sweepstakes, barter, advertising, or pyramid
schemes;
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5.
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 or other information
of The Disk or any third party; or
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6.
impersonates any person or entity, including any employee
or representative of The Disk.
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Additionally, you shall not: (i) take any action that
imposes or may impose (as determined by The Disk in its sole discretion) an unreasonable
or disproportionately large load on The Disk'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; or (iii) bypass any measures
The Disk may use to prevent or restrict access to the Service (or other accounts,
computer systems or networks connected to the Service). |
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You shall not (directly or indirectly): (i) decipher,
decompile, disassemble, reverse engineer or otherwise attempts 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 the rights that you
receive hereunder. |
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You shall abide by all applicable local, state, national
and international laws and regulations. |
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Registration.
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As a condition to using the Service, you may be required
to register with The Disk and select a password and screen name (The Disk User
ID). You shall provide The Disk 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 The Disk account. You shall not (i)
select or use as a The Disk User ID a name of another person with the intent to
impersonate that person; (ii) use as a The Disk User ID a name subject to any
rights of a person other than you without appropriate authorization; or (iii) use
as a The Disk User ID a name that is otherwise offensive, vulgar or obscene. The Disk
reserves the right to refuse registration of, or cancel a The Disk 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 The Disk
password. You shall never use another user's account without such other user's express
permission. You will immediately notify The Disk in writing of any unauthorized
use of your account, or other account related security breach of which you are aware. |
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Third Party Sites. |
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The Service may permit you to link to other websites or
resources on the Internet (including, without limitation, websites of The Disk
users or groups that may be hosted (but not controlled or managed) by The Disk),
and such other websites or resources may contain links to the Sites. These other
websites are not under The Disk's control, and you acknowledge that The Disk
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 The Disk or any association with its operators.
You further acknowledge and agree that The Disk 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. |
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User Submissions.
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The Sites and Service permit the submission of images,
recordings, videos or other communications submitted by you and other users ("User
Submissions") and the hosting, sharing, and/or publishing of such User Submissions.
You understand that whether or not such User Submissions are published, The Disk
does not guarantee any confidentiality with respect to any such submissions. |
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You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. You agree that The Disk has
no liability with respect to any User Submissions, including, without limitation,
your own User Submissions, and you hereby irrevocably release The Disk and its
officers and directors, employees, agents, representatives and affiliates, from
any and all liability arising out of or relating to User Submissions or any part
thereof. |
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In connection with your User Submissions, you affirm,
represent, and warrant that (and that you can and will demonstrate to The Disk's
full satisfaction upon its request that): (i) you own or have the necessary licenses,
rights, consents, and permissions to use and authorize The Disk to use each and
every image and sound contained in each such User Submission and to enable inclusion
and use of such User Submissions in the manner contemplated by the Sites, the Service
and these Terms of Use; (ii) you have the written consent, release, and/or permission
of each and every identifiable individual person in the User Submission to use the
name or likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by the Sites,
the Service and these Terms of Use; and (iii) the posting of your User Submission
on or through the Sites or the Service or otherwise does not violate the privacy
rights, publicity rights, intellectual property rights, contract rights, or any
other rights of any person or entity. You agree to pay all royalties, fees, and
other monies owing any person or entity by reason of any content posted by you to
or through the Sites or the Service. |
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By submitting the User Submissions to The Disk, or displaying,
publishing, or otherwise posting any content on or through the Sites or the Service,
you hereby do and shall grant The Disk 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 The Disk'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 The Disk 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). |
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In connection with User Submissions, you further agree
that you will not: (i) publish falsehoods or misrepresentations that could damage
The Disk or any third party; (ii) submit material that is unlawful, obscene, lewd,
defamatory, libelous, threatening, pornographic, harassing, hateful, racially or
ethnically offensive, excessively violent, or encourages conduct that would be considered
a criminal offense, give rise to civil liability, violate any law, or is otherwise
inappropriate or objectionable; (iii) post advertisements or solicitations of business;
(iv) impersonate another person; (v) submit material that is copyrighted, protected
by trade secret or otherwise subject to third party intellectual property or proprietary
rights, including privacy and publicity right, unless you are the owner of such
rights or have permission from their rightful owner to post the material and to
grant The Disk all of the license rights granted herein; or (vi) submit material
that is unsuitable for minors in any country. The Disk does not endorse any User
Submission or any opinion, recommendation, or advice expressed therein, and The Disk
expressly disclaims any and all responsibility or liability in connection with User
Submissions. |
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The Disk reserves the right to decide whether Content
or a User Submission is inappropriate or violates these Terms of Use, including
but not limited to copyright infringement, violations of intellectual property law,
pornography, obscene or defamatory material, or excessive length. The Disk also
reserves the right, in its sole discretion, to reject, refuse to post or remove
any posting (including private messages and User Submissions) by you, or to restrict,
suspend or terminate your access to all or any part of the Sites or the Service
at any time, for any or no reason, with or without prior notice. Notwithstanding
the foregoing, The Disk assumes no responsibility for monitoring the Sites, the
Service, Content, or User Submissions for inappropriate conduct, or modifying or
removing such conduct, Content or User Submissions from the Sites or the Service. |
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Termination.
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The Disk may terminate your access to all or any part
of the Sites or Service at any time, with or without cause, with or without notice,
effective immediately. If you wish to terminate your account, you may simply discontinue
using the Service. 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. |
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No Warranties.
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The Disk has no special relationship with or fiduciary
duty to you. You acknowledge that The Disk has no control over, and no duty to
take any action regarding: which users gain access to the Sites or Service; what
Content you access via the Site or Services; 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 The Disk from all liability
for you having acquired or not acquired Content through the Sites or Service. The
Sites or Service may contain, or direct you to sites containing information that
some people may find offensive or inappropriate. The Disk makes no representations
concerning any Content contained in or accessed through the Site or Services, and
The Disk will not be responsible or liable for the accuracy, copyright compliance,
legality or decency of material contained in or accessed through the Sites or Services.
THE SITES AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE 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. The Disk, AND ITS DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITES OR
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 SITES OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(D) THE RESULTS OF USING THE SITES OR SERVICE WILL MEET YOUR REQUIREMENTS. YOUR
USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. |
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Limitation of Liability.
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IN NO EVENT SHALL The Disk, NOR ITS DIRECTORS, EMPLOYEES,
AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT,
STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITES
OR SERVICE (I) FOR ANY LOST PROFITS 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), OR (III) 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. |
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Indemnification.
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You shall defend, indemnify, and hold harmless The Disk,
its affiliates, and each of its employees, contractors, directors, suppliers and
representatives from all liabilities, losses, damages, claims, and expenses, including
reasonable attorneys' fees, that arise from your use or misuse of, or access to,
the Sites or the Service, or otherwise from your violation of the Terms of Use.
The Disk 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 The Disk in asserting any available defenses. |
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International/Non-California Use.
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The Disk 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. |
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Dispute Resolution.
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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 The Disk 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. |
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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
. You expressly agree that the proper jurisdiction for
any claim or action arising out of or relating to the Terms of Use or your use of
this Site or Service is in the state or federal courts located in California and
you further agree and submit to the exercise of personal jurisdiction of such courts
for the purpose of litigating any such claim or action. 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. |
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Integration and Severability.
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The Terms of Use are the entire agreement between you
and The Disk 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 The Disk with respect to the Sites (but excluding
the use of any software which may be subject to a separate end-user license agreement).
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. |
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Miscellaneous.
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The Terms of Use are personal to you, and are not assignable,
transferable or sublicensable by you except with The Disk's prior written consent.
The Disk 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. |
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Copyright and Trademark Notices.
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Unless otherwise indicated, the Terms of Use and all Content
provided by The Disk are copyright © 1999-2008 The Disk Interactive, LLC. All rights reserved. |
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The Disk, The Disk.net, The Disk.com are either trademarks
or registered trademarks of The Disk. The names of actual companies and products
mentioned at the Sites may be the trademarks of their respective owners. |
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Digital Millennium Copyright Act Notice. |
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The Disk 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 The Disk's Designated Agent to Receive Notification of Claimed Infringement
(Designated Agent) is listed at the end of this policy.
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It is The Disk'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. |
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A. Procedure for Reporting Copyright
Infringements:
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If you believe that Content residing on or accessible
through the The Disk Sites or Service infringes a copyright, please send a notice
of copyright infringement containing the following information to the Designated
Agent listed below: |
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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;
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2.
Identification of works or materials being infringed;
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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 The Disk is capable of finding
and verifying its existence;
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4.
Contact information about the notifier including address,
telephone number and, if available, e-mail address;
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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
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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.
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B. Once Proper Bona Fide Infringement
Notification is Received by the Designated Agent:
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It
is The Disk's policy:
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1.
to
remove or disable access to the infringing Content;
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2.
to notify the Content provider, member or user that it has
removed or disabled access to the Content; and
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3.
that repeat offenders will have the infringing Content removed
from the system and that The Disk will terminate such content provider's, member's
or user's access to the service.
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C. Procedure to Supply a Counter-Notice
to the Designated Agent:
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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:
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1.
A physical or electronic signature of the Content provider, member or user;
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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;
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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
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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 The Disk is located, and that such person or entity
will accept service of process from the person who provided notification of the
alleged infringement.
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If a counter-notice is received by
the Designated Agent, The Disk'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 The Disk's discretion.
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Please contact The Disk's Designated
Agent to Receive Notification of Claimed Infringement at the following address:
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Designated Agent to Receive Notification
of Claimed Infringement:
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Aaron Diskin
aaron@thedisk.com
The Disk Interactive, LLC.
7820 Enchanted Hills Blvd. Suite 338
Rio Rancho, NM 87144
888-383-6295
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Contact.
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You may contact The Disk at the
following address:
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The Disk Interactive, LLC.
7820 Enchanted Hills Blvd. Suite 338
Rio Rancho, NM 87144
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