Agreement for Advertisers
This Agreement for Advertisers ("Agreement") is entered into by and between you ("you") and the University of St. Thomas ("UST") regarding your use of all aspects of this online information service (this "Web Site"). Please read the following information carefully before using this Web Site. The "Arbitration" section of this Agreement contains a pre-dispute arbitration clause. By clicking "I agree," you agree to be bound by this Agreement. If you do not agree with any part of the Agreement, do not use this Web Site or any of its contents. UST reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time, which changes will take effect not less than 30 days after posting. UST will post the revised Agreement and provide you notice via the e-mail address you provided. If you do not agree to the modifications, please terminate your account during that 30-day period. By using this Web Site after the effective date of any modification, you accept the modifications.
UST Service. UST has developed this Web Site as an online information service that provides a mechanism to assist advertisers, content owners, and content distributors ("Advertisers") in publishing advertising ("Ads") to users who have accessed the UST web site (collectively, the "UST Service"). UST reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the UST Service (or any part thereof) with or without notice. You agree that UST shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the UST Service.
Disclaimer of Warranties; Limitation of Liability. Accuracy of the information provided on or through the UST Service cannot be guaranteed and UST makes no warranties or representations as to its accuracy. THE UST SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. UST HAS NO RESPONSIBILITY OR LIABILITY FOR THE CONTENTS OF UST SERVICE OR THE RESULTS (OR LACK OF RESULTS) OF ANY UST SERVICE. These warranties are hereby excluded to the fullest extent permissible by law. In addition, UST will not be liable for any delay or failure to perform its obligations hereunder caused by an event of natural disaster, pandemics, casualty, acts of God or public enemy, riots, terrorism, governmental acts or such other event of similar nature that is beyond the reasonable control of UST. UNDER NO CIRCUMSTANCES SHALL UST BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THE UST SERVICE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or amount paid to UST under this Agreement, whichever is less.
Prohibition of "Click Fraud" and Similar Activities. You shall not, nor may you permit, authorize or enable any third party to, (i) directly or indirectly, generate queries, impressions or clicks on any Ad(s) through any manual, automated, or otherwise fraudulent means, including but not limited to repeated clicks, the use of robots or other automated query tools; (ii) edit or modify the information contained in any Ad, including but not limited to the presentation or the URL or URL mapping that may exist into the Ad; (iii) run the Ad through any additional service that rewrites the URLs contained in the Ad; (iv) create any fraudulent impression on any Ad(s) generated by any person or automated agent or other means; or (v) use "screen scraping" or other forms of data extraction to collect information from this Web Site.
Representations and Warranties. You represent and warrant that:
- you have all necessary rights in and to the site(s) to which you direct users ), and you will provide and continue maintenance of such site(s) during the term of this Agreement;
- you have all necessary rights to grant, and hereby grant, UST a worldwide, non-exclusive, royalty-free license to access, analyze via UST's technology, cache, copy, create derivative works upon, display, distribute, excerpt, format, host, integrate, modify, perform, reformat, route, store, transmit and otherwise use the advertising and video materials you provide;
- you are of legal age and capacity to enter into this Agreement, including binding any third party for whom you are acting;
- all registration information you submit is accurate and truthful and that you will promptly update such information during the term of this Agreement;
- your use of the UST Service does not violate any applicable law or regulation;
- you are eligible to make payments described in this Agreement and are not a "prohibited person" under United States law; and
- you will comply with all laws and requirements with respect to the subject matter of this Agreement.
Your Responsibility for Advertisements/Sponsored Links. You shall be solely responsible for the contents of your Ads, the web sites and landing pages to which the Ads direct users, and the consequences of their use. UST does not endorse your Ads, and your Ads cannot state or imply any endorsement or other affiliation with UST. Except as expressly provided above, you agree that UST has no liability with respect to any searches by users or for any data transmission from UST to your site(s). UST has no obligation to notify you if any of your Ads are not displaying or resolving to your web site(s) properly. You agree to comply with UST's requirements for advertisements/sponsored links relating to proper delivery, display, invoicing, reporting, and tracking, as those requirements may change from time to time (e.g., you must allow a user's "Back" button to work, and any web site to which your Ad directs users must work properly regardless of the user's choice of supported browser. As a material obligation of this Agreement, you agree that you shall not disparage the name, image and professional reputation of UST. UST is not responsible for returning to you any advertising or video materials provided by you. You agree that all Ads you submit will comply with the Federal Trade Commission's 2013 "Dot Com Disclosure" guidelines.
Advertisements. You agree that you will not interfere with any display of any web page accessed by an end user after the end user clicks on a link, such as by framing, including "pop up advertisements," minimizing, or otherwise failing to provide anything other than a direct link to the user's requested Web page.
Prohibited Content. You are solely responsible for the information and Ad(s) you provide, and UST acts merely as a conduit for its distribution and publication. UST reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion (including, without limitation, rejecting, removal, and refusal to post any Ads) if UST believes the information and/or video(s) and/or Ad(s) you provide are inappropriate for the Site, may violate this Agreement, may create liability for UST, or may cause UST to lose (in whole or in part) the services of its ISPs or other suppliers, or are otherwise objectionable. UST may also restrict, suspend, or terminate your access to all or any part of the Web Site at any time, for any or no reason, with or without notice, and without liability. You agree that the information, video(s) and Ad(s) you provide will not, to the best of your knowledge: (A) be racist, supportive of terrorist activities, defamatory, libelous, unlawfully threatening or unlawfully harassing; (B) contain nudity, violence, or contain a link to an "adult" website; (C) contain hidden pages or images or "web bugs" or "web beacons"; (D) solicit personal information from anyone under eighteen (18) years of age; (E) harass or advocate harassment of another person; (F) infringe any third party's copyright, trademark, service mark, trade secret, or other proprietary rights or rights of publicity or privacy; (G) include a photograph of another person that you have posted without that person's consent; (H) promote information, video(s) or Ad(s) that you know are false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, obscene, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law; (I) involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming" or "spimming"; or (J) violate any law or regulation (including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising).
Ownership. As further explained below, you acknowledge that the UST Service and all object code and the source code thereof, the visual expressions, screen formats, report formats and other design features of the UST Services, all ideas, methods, algorithms, formulae and concepts used in developing and/or incorporated into them, all future modifications, revisions, updates, releases, refinements, improvements and enhancements of them, all derivative works (as such term is used in the U.S. copyright laws) based upon any of the foregoing and all copies of the foregoing are valuable proprietary information and, in some cases, trade secrets of UST. UST has, shall have, and shall retain, title, exclusive ownership rights and all intellectual property rights and other interests in the UST Service and in any copies thereof.
Our Copyrighted Materials; Intellectual Property Infringement Claims. The copyrights in all text, images, screens, services, and other materials provided on this Web Site or by UST to developers, advertisers or other users (collectively, the "Materials") are owned by UST and/or by third parties. Except as provided herein, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of UST or the copyright owner. Unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other laws or regulations. Except as expressly provided herein, UST and the third parties reserve all rights with respect to the Materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
If you believe that any of the Materials infringe on your intellectual property rights, please Contact Us immediately at the address provided below, but, pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to UST's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE [link to procedure page]. UST will investigate your claim and take appropriate action relating to this Web Site only. UST does not resolve disputes between third parties relating to ownership of intellectual property.
UST Trademarks. Trademarks and service marks that may be referred to on this Web Site are the property of UST or their respective owners. Nothing on this Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without UST's written permission. The name of UST or the UST logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Web Site, without prior written permission. You are not authorized to use UST's logo as a hyperlink to this Web Site unless you obtain UST's written permission in advance. Any goodwill generated through your access to or use of the UST Service shall inure solely to the benefit of UST.
Transaction (Search) Data. As between UST and you, UST shall own all user searches and all data relating to searches using the UST search technology and all intellectual property rights therein.
Click-Stream Data. As between UST and you, UST shall have exclusive ownership of and title to all click-stream and similar data that track the access to or use of the UST Services by or on behalf of users and all intellectual property rights therein.
Prohibited Actions. You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Web Site to human perceivable form or create derivative works based upon the Web Site or any part thereof; (b) disable any licensing or control features of the Web Site; (c) introduce into the Web Site any virus, robot, electronic agent, automated system, or other code or routine intended to disrupt or damage the Web Site, or alter, damage or delete any content, or retrieve or record information about the Web Site or its users; (d) merge the Web Site or content with another program or create derivative works based on the Web Site or content; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Web Site or content; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the content or access to the Web Site to others; (g) use, or allow the use of, the Web Site or the content in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a deceptive, fraudulent, illegal, invalid, malicious or negligent manner when using the Web Site. Except as expressly provided herein, UST and the third parties reserve all rights with respect to the Web Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
No Guaranteed Number of Views or Clicks. UST makes no promise or guarantee as to the number of valid user clicks on any Ad or other actions taken by users of the UST Services. YOU UNDERSTAND THAT YOU MAY NEVER RECEIVE ANY VISITORS WHATSOEVER AS A RESULT OF AN AD.
Payment.
(a) You agree that UST may share any credit card and billing and payment information with third parties solely for purposes of assisting UST with checking credit, making or arranging for payment to UST, and servicing your account.
(b) All invoices, which shall be in [PDF] form until electronic invoices become available, shall (i) be sent to your address for invoices stated on "My Account," and (ii) include the number of clicks per Ad during the preceding month listed by video. Except as otherwise specified, your payments shall be due within thirty (30) days from the date of the invoice. Payments may be made by check or by wire to the UST address listed on the invoice or as otherwise instructed by UST. Once electronic invoices become available, UST will accept for electronic payments via nationally recognized credit cards and will have such charges automatically made to the credit card number you provide, with such charges submitted on a daily basis with respect to accepted offers. If you require the use of a purchase order or require other special arrangements, please Contact Us. Interest at the rate of [ten percent (10%) per annum (or, if lower, the maximum rate permitted by applicable law) shall accrue on any undisputed amount not paid by you to UST when due under this Agreements, and shall be payable by you to UST on demand. Should undisputed payments be overdue for a period of more than sixty (60) days, the delinquency may be referred by UST to any attorney or agency for collection.
(c) ALL PAYMENTS MUST BE MADE IN UNITED STATES DOLLARS, except where prohibited by law. All fees and other amounts paid to UST under this Agreement are non-refundable. Any bank fees related to returned or cancelled checks may be added to your invoice.
(d) You agree to pay all applicable taxes or charges imposed by any government entity in connection with you use of the UST Service. The fees and other amounts payable by you to UST under this Agreement do not include any taxes of any jurisdiction that may be assessed or imposed upon the sponsored links or other services for which you will be charged, the right to use such services granted under this Agreement or any other services provided under this Agreement, or otherwise assessed or imposed in connection with the transactions contemplated by this Agreement, including but not limited to sales, use, excise, value added, and withholding taxes, excluding only taxes based upon UST's net income. You shall directly pay any such taxes assessed against you, and you shall promptly reimburse UST for any such taxes payable or collectable by UST.
(e) If you dispute any charge, you must notify UST in writing within 15 days of receipt of invoice, and good faith attempts to resolve the dispute will be undertaken for up to 30 days after receive of your notice. Any unresolved disputes will be handled in accordance with the Arbitration provisions below. If you do not notify UST within that time, you agree to waive any claims related to such disputed payment. Payments shall be calculated solely based on records maintained by UST. No other evidence, measurements or statistics of any kind shall be accepted by UST or have any effect under this Agreement. In the event that charges you have already paid are disallowed due to a user's conduct in violation of UST's requirements, your exclusive remedy is to receive a credit for additional advertising in the amount equal to the disallowed charges. In the event you pay via credit card, you may have additional rights.
Termination by You. You may terminate your rights under this Agreement at any time by ceasing use of the Web Site and its contents, provided however, that any termination will not affect the display of any Ads for the time period for which you were the winning bidder. You acknowledge that your Ads may continue to be available for use by end users. Upon your termination of this Agreement, you may in certain cases be prohibited from re-enrolling as an advertiser for a period of time.
Termination by UST. UST, in its sole discretion, may terminate this Agreement immediately at any time for any reason without notice. UST reserves the right in its sole discretion to block access or discontinue services and to investigate and take appropriate legal action against anyone who, in UST's sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities. In addition to any other remedies that may be available to UST, if you breach this Agreement, UST has right to terminate this Agreement immediately. Your account, profile, and all associated information may be deleted and your password may be terminated without warning if UST believes that you are in breach of any of the foregoing representations and warranties. Further, you agree that UST shall not be liable to you or any third-party for any termination of your access to the UST Service. UST reserves the right to refuse participation to any applicant or user at any time in its sole discretion.
Account Password and Security. When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated to enable you to access the password-protected portions of Web Site. Passwords may not be shared or used by more than one individual. It is each individual user's responsibility to remember and protect such password and not to disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You shall not access or use the Web Site by means of any automated program, expert system, electronic agent or "bot," and shall not give any person or entity access to the Web Site. You may never use someone else's account, username or password without permission. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of the password and account, and you agree that you are fully responsible for all activities that occur under your password or account. You agree to notify UST immediately if you discover any unauthorized use of your password or account or any other breach of security. Occasionally, UST may log in under your username and password in order to provide helpdesk services, answer payment questions or for other technical or administration reasons, and you agree that such access is acceptable to you.
Confidentiality. Except as expressly provided in this Agreement, the parties agrees to hold any designated confidential information ("Confidential Information") disclosed pursuant to this Agreement in confidence, and not to disclose Confidential Information to any person, firm or enterprise, or use any Confidential Information for its own benefit or the benefit of any other party, unless authorized by owning party in writing, and to limit access and disclosure of such Confidential Information to its respective personnel on a "need to know" basis only. Confidential Information does not include information that is (a) previously known to the receiving party, free from any obligation to keep it confidential, (b) publicly disclosed by disclosing party either prior to or subsequent to the receipt by receiving party of such information, (c) independently developed by receiving party without any access to such Confidential Information, or (d) rightfully obtained from a third-party lawfully in possession of Confidential Information who is not bound by confidentiality obligations to the disclosing party. A receiving party may disclose Confidential Information if such receiving party is required to do so under applicable law, rule or order; provided that the receiving party, where reasonably practicable and to the extent legally permissible, provides the disclosing with prior written notice of the required disclosure. The parties acknowledge that as between the receiving party and the disclosing party, all of the disclosing party's Confidential Information, including any derivative works thereof, is, and shall remain, proprietary to the disclosing party.
Links. Although UST controls a few hyperlinks in the Web Site, most links within this Web Site may lead to third-party sites. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that UST is in any way affiliated with the linked site. The Web Site does not incorporate any materials appearing in such linked sites by reference. UST reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by UST, and may have different terms of use and privacy policies, which UST encourages you to review.
Indemnity. You will defend, indemnify and hold UST, and its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and joint ventures, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party, including but not limited to infringement of intellectual property rights or that you actions resulted in damage to a third party.
Force Majeure. Neither party shall be liable for, nor shall either party be considered in breach of this Agreement due to, any failure to perform its obligations under this Agreement (other than its payment obligations) as a result of a cause beyond its control, including any act of God or a public enemy or terrorist, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, disruption or outage of communications (including the Internet or other networked environment), power or other utility, computer virus, labor problem, unavailability of supplies, extraordinary market conditions or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by the non-performing party with reasonable care.
Release; California Civil Code Waiver. If you have a dispute with one or more users, you release UST (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Arbitration. In connection with the following agreement to arbitrate, you acknowledge that: (i) arbitration is final and binding on the parties; (ii) the parties are waiving their right to seek remedies in court, including the right to jury trial; (iii) pre-arbitration discovery is generally more limited than and different from court proceedings; and (iv) the arbitrators' award is not required to include factual findings or legal reasoning, and any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules (the "rules"). The language to be used in the arbitral proceedings shall be English. Upon the claiming party's service and filing of a notice of arbitration, an arbitrator shall be selected by mutual agreement of the parties to hear the dispute in accordance with the Rules. If the parties are unable to agree upon an arbitrator, then either party may request that American Arbitration Agreement ("AAA") select an arbitrator and such arbitrator shall hear the Dispute in accordance with the Rules. All arbitrators shall be lawyers knowledgeable about information technology transactions. The seat, or legal place, of arbitration shall be in Houston, Texas. Unless the award provides otherwise, the fees and expenses of the AAA and the fees of the arbitrator, will be shared equally by the parties. Each of the parties shall bear its own other fees, costs and expenses associated with the arbitration and its own legal expenses, attorneys' fees and costs of all experts and witnesses. Any award rendered pursuant to such arbitration shall be final, conclusive and binding upon the parties, and judgment thereon may be entered and enforced in any court of competent jurisdiction. All discussions and correspondence among the representatives for purposes of their negotiations to settle a dispute shall be treated as confidential information developed for purposes of settlement, exempt from discovery and production, which shall not be admissible in any subsequent proceedings between the parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise admissible, be admitted in evidence in such subsequent proceeding. No claims to be resolved under this Section may be made more than two (2) years after the date by which the fault or failure was discovered; failure to make such a claim within the two (2) year period shall forever bar the claim. Notwithstanding the foregoing, (1) submission of any such claim, dispute, controversy or other matter in question to AAA shall not be required if the parties agree upon another arbitration forum, (2) the foregoing shall not preclude either party from seeking or obtaining preliminary or interim injunctive relief or pursuing all available administrative, judicial or other remedies for potential violations of the confidentiality provisions set forth above, or the infringement of a registered patent, trademark, service mark or copyright, (3) the parties shall not submit claims for punitive damages, and do hereby waive any right to the same, and (4) the arbitrators shall not be authorized to award punitive damages.
Waiver of Jury Trial. Each party hereto hereby knowingly, voluntarily and intentionally waives, to the fullest extent permitted by law, any right it may have to a trial by jury in any action or proceeding arising out of or relating to this Agreement. Each party acknowledges that the mutual waivers contained in this section are a material inducement for the parties to enter into this Agreement.
Use of Your Name and Logo. You agree that UST may use your name, logo, and the title(s) and logo(s) of your submitted video(s) in presentations, marketing and promotional materials, customer lists, financial reports and Web Site listings of customers.
Web Site Controlled from United States. This Web Site is controlled from offices within the United States. UST makes no representation that content or materials in this Web Site are appropriate or available for use in other jurisdictions. Access to this Web Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Web Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF THE STATE OF TEXAS WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. Neither the United Nations Convention on Contractors for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to this Agreement.
Not Authorized to Do Business In Every Jurisdiction. UST is not authorized to do business in every jurisdiction. Information published on this Web Site may contain references or cross-references to goods or services that are not available in your state or country.
Entire Agreement; Severability. You acknowledge that you have read and understood this Agreement and that you agree to be bound by its terms and conditions. You further agree that this Agreement, together with the Privacy Policy and other attachments, which are hereby incorporated into this Agreement by reference, constitute the complete and exclusive statement of the Agreement between you and UST and supersede all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of this Agreement. If any provision of this Agreement is found unenforceable, it shall not affect the validity of this Agreement, which shall remain valid and enforceable according to its terms.
Miscellaneous. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under this Agreement without UST's prior written consent, and any attempt to do so without that consent will be void. UST may assign this Agreement to a successor in interest in connection with a change of control, a sale of substantially all of its assets, or a merger, acquisition, public offering or other reorganization transaction. The section headings used herein are for convenience only and shall not be given any legal import. UST is an independent contractor of yours and is and will not be your agent for any purpose. All notices relating to this Agreement shall be in writing and delivered personally, by overnight delivery service or first class prepaid mail with return receipt requested, or via e-mail with written confirmation via one of the other methods listed above to you at the address set forth "My Account," and to UST at the Contact Us addresses given below. The obligations set forth in above (including those addressing payment of fees, invoicing, disclaimers and limitations of liability) shall survive expiration or termination of this Agreement. The headings in this Agreement are intended for convenience of reference only and shall not affect the meaning or construction of any provision hereof. Unless the context clearly requires otherwise, (A) references to the plural include the singular and vice versa; (B) references to agreements (including this Agreement) and other contractual instruments include subsequent amendments, assignments, and other modifications thereto, but only to the extent such amendments, assignments or other modifications are permitted thereunder; (C) references to statutes and related regulations include any amendments of same and any successor statutes and regulations; and (D) "Including" and similar terms mean "including without limitation" (and similarly for similar terms).
Contact Us
For further information, or inquiries about this Agreement, please contact:
UST Inc.
[Street address]
[City, State, ZIP]
[Phone number]
[e-mail address]
[date]
The "Arbitration" section of this Agreement contains a pre-dispute arbitration clause. This Agreement has been duly executed by your authorized representative and constitutes a legal, valid and binding obligation, enforceable against it in accordance with the terms hereof.
___ I agree to this Agreement
___ I do not agree
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER(S) REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:
Service Provider(s):
Name of Agent Designated to Receive
Notification of Claimed Infringement:
Full Address of Designated Agent to
Which Notification Should be Sent:
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
Email Address of Designated Agent:
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
