Uploads, Copyrights and Copyright Agents. (DMCA Policy)
By using this Site and/or uploading any material to this Site, you represent and warrant
as a material part of this Agreement that any and all intellectual property, content, or
media you upload does not in any way infringe upon the intellectual property rights of
any third party, including such rights manifested in registered or unregistered copyrights,
trademarks, patents, or trade secrets, whether at common law, by statute or under the
terms of the Digital Millennium Copyright Act, as amended.
ADDITIONALLY, YOU HEREBY INDEMNIFY AND HOLD HARMLESS WIZKIDBLOG.COM FROM AND
AGAINST ANY AND ALL THIRD PARTY CLAIMS OF ANY NATURE OR KIND ARISING FROM ANY UPLOADS OF MATERIAL YOU PLACE ON OUR SITE, INCLUDING ATTORNEYS’ FEES AND COSTS.
WE RESERVE THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT IS OR MAY BE
INFRINGING OF ANY THIRD PARTY RIGHTS AT ANYTIME, WITHOUT PRIOR NOTICE TO YOU.
If you believe our Site contains content that infringes upon your rights, please notify us
immediately. We respect the intellectual property of others, and we ask that our users do
the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, and you wish for the content to be removed, please provide our
Copyright Agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the site can be
reached as follow:
By e-mail: email@example.com
Pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, we may reinstate content if we receive a counter notification by the provider of the affected content.
If you are the content provider, and you feel you must submit a counter notification regarding content that has been removed from our site, you must submit — in writing — a counter notification that must include the following:
(1) Identify the specific url related to the content that Music212 removed or disabled access to;
(2) Provide your name, address, telephone number, email address. Also provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person, entity or agent of the preceding that provided the notification under Section 16;
(3) Include the statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the exact material identified by the complainant has been removed or disabled at the URL identified and will be no longer shown”;
(4) Sign the notice;
(5) E-mail the notice to: firstname.lastname@example.org
Please note that you will be liable for any damages (which include costs and attorney fees) if you materially represent that your content and or activity is not infringing the copyrights of others. If you are not sure if your content and or activity infringes on the copyrights of others, we advise you to consult with an attorney.
We will not reply to automatized bot messages though, or messages missing any information listed above. Please notice it may take up to 24 hours to process your request.
TECHNOLOGICAL AND USE LIMITATIONS
The Site will make reasonable efforts to keep the Site operational. However, certain technical difficulties or routine site maintenance/upgrades may, from time to time, result in temporary service interruptions. The Site also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that The Site shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
You agree not to: (a) upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (b) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of anothers privacy, libelous and/or otherwise objectionable; (c) infringes any third partys intellectual property; or (d) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You agree that you will not transmit or access any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party and agree to indemnify and hold harmless The Site from their claims if you do.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Site.
Subject to the terms hereof, The Site will provide you with email support services for the Service.
INTELLECTUAL PROPERTY RIGHTS
The Site makes no claim to ownership or other control or rights to any song recommended by the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.