Terms Of
Service & Conditions Of Use
The
following describes the Terms of Service Conditions of Use for our
LandingPageMonkey.com website.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING OUR WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE. IF YOU DO NOT
UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE. WE MAY MODIFY
THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE
AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER
CHANGES.
OUR WEBSITE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY
LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF
FITNESS FOR PARTICULAR PURPOSE. OUR WEBSITE AND ITS SUPPLIERS MAKE NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT,
SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
By using this website, you agree to obey these Terms of Service and Conditions
of Use. Please read them carefully.
Our LandingPageMonkey.com website (and other “internal” websites stemming from
it, such as specific membership sites or web pages pertinent to the main website
or weblog) is an online (and, periodically, offline) information service and is
subject to your compliance with the terms and conditions set forth below (all
parts and parties collectively referred to as our website).
Any other policies, notices, or other legal/administrative pages contained in
our website are necessarily incorporated into these Terms of Service and
Conditions of Use. This may include, without limitation, a DMCA Policy, Privacy
Policy, Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance
Policy.
You agree to obey all applicable laws and regulations regarding your use of our
LandingPageMonkey.com website and the content and materials provided in it.
Our website is an independent, stand-alone entity that has no relationship,
connection, or affiliation whatsoever with any company, person, outfit,
organization, or group mentioned herein, even if such name appears in our
website name, domain, URL, or otherwise. You should assume no other party, by
mere mention of their name, has endorsed anything you see here. The aim is
simply to provide useful resources for our readers, some of which we may be
compensated for. You should simply assume at all times we are being compensated
and, while that may not prompt us to make unsound recommendations, you should
always be responsible for your own financial decisions, be it investing,
purchasing, donating, or otherwise.
Acceptable Use Policy (AUP)
Terms including 'Landing Page Monkey' or 'us' or 'we' or 'our/s' refers to the owner of this service and website. Term including 'you' or 'your' or 'user' refers to the users of our website to create pop ups notifications as described in the sales and marketing materials on our website. This Acceptable Use Policy is also subject to change without notice.
Please note that your account at LandingPageMonkey.com will be terminated immediately and without negotiation if you break this AUP agreement:
1) We do not allow image uploads, video linking or flash file linking or the use of Landing Page Monkey pages, resources or assets on websites that are of the following nature: Pornographic, racist, hate, defamatory/libelous, extreme violence or the promotion of violence/terrorism, self harm, narcotics, controlled substances or other products/services that present a risk to consumer safety, deceptive, misleading, fraudulent or otherwise illegal activities.
The maximum file size for hosting your images or content on our servers is 500MB/account/month, and the maximum bandwidth for Landing Page usage is 1GB/account/month. If you exceed these limits, you will be charged accordingly based on how much resources you have used. Our current overage charge at time of publication is $2.50 per 10MB over the set file size and bandwidth limit.
If your account is cancelled, terminated or refunded you will not be able to retrieve your Landing Page codes and/or data/files that were previously created and stored using our services. You must also delete and not use all pop up code that was created using our service. Active pop ups will revert to a default redirect version. You are not permitted to use any part of our website/service for the purpose of monitoring its features, performance, and functionalities.
1. Copyright, Licenses and Idea/User Submissions.
The following describes the Copyright Notice for our website.
The entire contents of our website are protected by intellectual property law,
including international copyright and trademark laws. The owner of the
copyrights and/or trademarks are our website, and/or other third party licensors
or related entities.
You do not own rights to any article, book, ebook, document, blog post,
software, application, add-on, plugin, art, graphics, images, photos, video,
webinar, recording or other materials viewed or listened to through or from our
LandingPageMonkey.com website or via email or by way of protected content in a
membership site. The posting of data on our website, such as a blog comment,
does not change this fact and does not give you any right in the data. You
surrender any rights to your content once it becomes part of our website.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary
notices contained in the original content on any copy you make of the content.
You may not sell or modify the content or reproduce, display, publicly perform,
distribute, or otherwise use the content in any way for any public or commercial
purpose. The use of paid content on any other website or in a networked computer
environment for any purpose is prohibited. If you violate any of the terms or
conditions, your permission to use the content automatically terminates and you
must immediately destroy any copies you have made of the content.
You are granted a nonexclusive, nontransferable, revocable license to use our
website only for private, personal, noncommercial reasons. You may print and
download portions of material from the different areas of the website solely for
your own non-commercial use, provided that you agree not to change the content
from its original form. Moreover, you agree not to modify or delete any
copyright or proprietary notices from the materials you print or download. Also
note that any notice on any portion of our website that forbids printing &
downloading trumps all prior statements and controls.
As a user, you agree to use the products and services offered by our website in
a manner consistent with all applicable local, state and federal laws and
regulations. No material shall be stored or transmitted which infringes or
violates the rights of others, which is unlawful, obscene, profane, indecent or
otherwise objectionable, threatening, defamatory, or invasive of privacy or
publicity rights.
Our LandingPageMonkey.com website prohibits conduct that might constitute a
criminal offense, give rise to civil liability or otherwise violate any law. Any
activity that restricts or inhibits any other user from using the services of
our website is also prohibited. Unless allowed by a written agreement, you may
not post or transmit advertising or commercial solicitation on our website.
You agree to grant to our website a non-exclusive, royalty-free, worldwide,
irrevocable, perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services) you submit to
any public areas of our website (such as bulletin boards, forums, blog, and
newsgroups) or by e-mail to our website by all means and in any media now known
or hereafter developed. You also grant to our website the right to use your name
in connection with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against our website for any
alleged or actual infringement or misappropriation of any proprietary right in
your communications to our website.
Trademarks
Publications, products, content or services referenced herein or on our website
are the exclusive trademarks or servicemarks of our LandingPageMonkey.com
website or related parties. Other product and company names mentioned in our
website may be the trademarks of their respective owners.
Links to Our Website
You may provide links to our website, provided you do not change, remove, or
obscure the copyright notice or other notices on our website. Your website or
other source of links must not engage in illegal or pornographic activities.
Finally, you may link provided you understand that you must stop linking to our
website immediately upon request by our website.
2. Use of our website.
You agree, acknowledge, and accept that we are not trained professionals and do
not purport to render professional or expert advice in any arena.
Data contained on or made available through our LandingPageMonkey.com website
is not intended to be, and does not constitute, legal advice. Our website, and
your use of it, does not create an attorney-client relationship. We do not
warrant or guarantee the accuracy, adequacy, or recency of the data contained in
or linked to our website.
Data contained on or made available through our website is not intended to be,
and does not constitute, medical or health advice. Our website, and your use of
it, does not create a physician-patient relationship. We do not warrant or
guarantee the accuracy, adequacy, or recency of the data contained in or linked
to our website.
Data contained on or made available through our website is not intended to be,
and does not constitute, financial/investing advice. Our website, and your use
of it, does not create an advisor-client relationship. We do not warrant or
guarantee the accuracy, adequacy, or recency of the data contained in or linked
to our website.
Your use of our LandingPageMonkey.com website or materials linked to our
website is completely at your own risk. You should not act or depend on any data
on our website, where applicable, without seeking the counsel of a competent
lawyer licensed to practice in your jurisdiction for your particular legal
issues. You should not act or depend on any data on our website, where
applicable, without seeking the counsel of a competent physician licensed to
practice in your jurisdiction for your particular medical issues. You should not
act or depend on any data on our website, where applicable, without seeking the
counsel of a competent financial advisor licensed to practice in your
jurisdiction for your particular financial needs and issues.
We may make
changes to the features, functionality or content of our website at any time. We
reserve the right in our sole discretion to edit or delete any data appearing on
our website.
Your Duty To Other Users
Your use of our website is for your own personal, non-commercial benefit. In no
way are you to leverage our website in a way that mines for the personal
information of other, whether in blog comments or otherwise, for your own use or
for the benefit of others. This includes, but is not limited to, spam
(unsolicited commercial email).
If you inadvertently obtain personal information about other users, you shall
not share this with anyone else.
Restricted access
Access to certain areas of our LandingPageMonkey.com website is restricted.
We reserve the right to restrict access to other areas of our website, or indeed
our whole website, at our discretion.
If we provide you with a user ID (username) and password to enable you to access
restricted areas of our website or other content or services, you must ensure
that that user ID and password is kept confidential. You may not share your user
ID and/or password with anyone for any reason, either directly or indirectly.
You accept responsibility for all activities that occur under your user ID or
password.
We may disable your user ID and password at our sole discretion or if you breach
any of the policies or terms governing your use of our LandingPageMonkey.com
website or any other contractual obligation you owe to us.
Third-Party Products/Services
You understand that, except for information, products or services clearly
identified as being supplied by our website, our website does not operate,
control or endorse any information, products or services on the Internet in any
way. Except for information identified by our website as such, all information,
products and services offered through our website or on the Internet generally
are offered by third parties that are not affiliated with our website, and we
may be compensated.
Viruses, etc.
You also understand that our LandingPageMonkey.com website cannot and does not
guarantee or warrant that files available for downloading through our website
will be free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a means
external to our website for the reconstruction of any lost data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR WEBSITE PROVIDES OUR WEBSITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT
OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW
ACCESS.
Limitation of Liability
The content may contain inaccuracies or typographical errors. Our
LandingPageMonkey.com website makes no representations about the accuracy,
reliability, completeness, or timeliness of the content or about the results to
be obtained from using our website or the content on it. Use of our website and
the content is at your own risk. Changes are periodically made to our website,
and may be made at any time.
OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE
WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER
VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE
CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR
WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential Damages
IN NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW,
RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY
FOR BOTH OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED
TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE
AVAILABLE.
Links to Other Websites.
Our website contains links to third party Websites. Our LandingPageMonkey.com
website makes no representations whatsoever about any other website which you
may access through this one or which may link to this website. When you access a
website from our website, please understand that it is independent from our
website, and that our website has no control over the content on that website.
These links are provided solely as a convenience to you and not as an
endorsement by our website of the contents on such third-party Websites. Our
website is not responsible for the content of linked third-party Websites and
does not make any representations regarding the content or accuracy of material
on such third party Websites. If you decide to access linked third-party
Websites, you do so at your own risk. We do not necessarily endorse, recommend,
suggest or otherwise make any overture or prompt for action regarding any
product or service offered. You should assume we are compensated for any
purchases you make. Again, any income claims should be construed as atypical
results and you assume the risk that inferior results obtain, including losses,
for which we carry no responsibility or liability.
User Submissions
As a user of our LandingPageMonkey.com website, you are responsible for your
own communications and are responsible for the consequences of their posting.
You must not do the following things: post material that is copyrighted, unless
you are the copyright owner or have the permission of the copyright owner to
post it; post material that reveals trade secrets, unless you own them or have
the permission of the owner; post material that infringes on any other
intellectual property rights of others or on the privacy or publicity rights of
others; post material that is obscene, profane, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another user of our website or
any other person or entity; post a sexually-explicit image; post advertisements
or solicitations of business; post chain letters or pyramid schemes; or
impersonate another person.
Our website does not represent or guarantee the truthfulness, accuracy, or
reliability of any communications posted by other users of our website or
endorse any opinions expressed by users of our website. You acknowledge that any
reliance on material posted by other users of our website will be at your own
risk.
Our LandingPageMonkey.com website does not necessarily screen communications in
advance and is not responsible for screening or monitoring material posted by
users of our website. If observed by our website and/or notified by a user of
communications which allegedly do not conform to this agreement, our website may
investigate the allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication. Our website has
no liability or responsibility to users of our website for performance or nonperformance of such activities. Our website reserves the right to expel users
of our website and prevent their further access to our website for violating
this agreement or any law or regulation, and also reserves the right to remove
communications which are abusive, illegal, or disruptive.
Social Media Warning (Divulgence of Personal & Private Information)
Social media has provided a platform for internet users to disclose much
personal information about themselves, in a way that seems innocuous, if not
proper and expected. However, more than a few folks have already lived to regret
personal information that was shared either by them or others. This has long
been true of simple email. It is exponentially true of social websites and
applications for social media on any other website, including this one. You are
cautioned against carelessly disclosing information.
3. Indemnification.
You agree to indemnify, defend and hold harmless our LandingPageMonkey.com
website, its members, officers, directors, employees, agents, licensors,
suppliers and any third party information providers to our website from and
against all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any use of our website or violation of this Agreement
(including negligent or wrongful conduct) by you or any other person accessing
our website.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of our website and its owners, officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its/their own behalf.
5.Term; Termination.
We reserve the right to investigate complaints or reported violations of these
Terms of Service and Conditions of Use and to take any action we deem
appropriate, including but not limited to reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third parties and
disclosing any data necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, IP addresses and
traffic data.
This Agreement, in whole or in part, may be terminated by LandingPageMonkey.com
without notice at any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights), 6 (Hiring an Attorney / No
Attorney-Client Relationship), and 7 (Miscellaneous) shall survive any
termination of this Agreement, in whole or in part.
6.Hiring an Investment Advisor, Attorney, or Medical or Other Professional /
No Attorney-Client Relationship or Fiduciary Capacity.
Choosing a lawyer, doctor, or investment advisor is a serious matter and should
NOT be based solely on data contained on our website or in advertisements.
The law is constantly changing and the data may not be complete or accurate
depending on your particular legal issue. Each legal issue depends on its
individual facts and different jurisdictions have different laws and
regulations. This is why you should seriously consider hiring licensed,
professional counsel in your jurisdiction.
Medical issues are complex, and can often stem from both organic and
psychological factors. Never should a website be used as a source of diagnosing
or treating medical problems.
Financial matters are highly individualistic. Risk tolerance is just one factor
to consider before making any investments or financial decisions. For these, and
other, reasons, you should look to the guidance of a trained professional, not a
website.
You may send us email, but in no instance will this communication in any way be
construed as initiating an attorney-client relationship, or other professional
relationship, and so the contact should not include confidential or sensitive
data because your communication will not be treated as privileged or
confidential.
7.Miscellaneous.
Governing Law
This Agreement shall treated as though executed, set in force, and performed in
the State of Nevada. Accordingly, it shall be governed and construed in
accordance with the laws of Nevada in terms of those applicable to agreements,
without regard to conflict of law principles.
Disputes
Any cause of action by you with respect to our LandingPageMonkey.com website
must be instituted within one (1) year after the cause of action arose or be
forever waived and barred. All actions shall be subject to the limitations set
forth in these Terms of Service and Conditions of Use. Any legal claim arising
out of or relating to these Terms of Service and Conditions of Use or our
website, excluding intellectual property right infringement and other claims by
us, shall be settled confidentially through mandatory binding arbitration per
the American Arbitration Association commercial arbitration rules. The
arbitration shall be conducted in Nevada. Each party shall bear one half of the
arbitration fees and costs incurred, and each party shall bear its own lawyer
fees. All claims shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any other
party.
Modification
Neither the course of conduct between the parties nor industry trade practice
shall act to modify any provision of this Agreement.
Assignability
Our website may assign its rights and duties under this Agreement to any party
at any time without notice to you.
Contra Preferentum
The language in these Terms of Service and Conditions of Use shall be
interpreted as to its fair meaning and not strictly for or against any party.
Any rule of construction to the effect that ambiguities are to be resolved
against the drafting party (i.e. – “contra preferentum”) shall not apply in
interpreting these Terms of Service and Conditions of Use, as the Agreement
shall be construed as having been co-authored by the parties.
Severability
Should any part of these Terms of Service and Conditions of Use be held invalid
or unenforceable, that portion shall be construed as much as possible consistent
with applicable law and severability shall apply to the remaining portions, so
that they remain in full force and effect.
This Agreement Prevails
To the extent that anything in or associated with our website is in conflict or
inconsistent with these Terms of Service and Conditions of Use, these Terms of
Service and Conditions of Use shall take precedence.
Waiver
Our failure to enforce any provision of these Terms of Service and Conditions of
Use shall not be deemed a waiver of the provision nor of the right to enforce
the provision.
Our rights under these Terms of Service and Conditions of Use shall survive any
termination of this agreement.
Any rights not expressly granted herein are reserved to LandingPageMonkey.com.
DMCA
Compliance
The following describes
the DMCA Compliance for LandingPageMonkey.com and all MemberSpeed Inc. websites.
We at MemberSpeed Inc are
committed to responding to any alleged copyright violations, should they occur.
Notice of any alleged violation should take the form proposed by the U.S.
Digital Millennium Copyright Act as revealed at http://www.copyright.gov.
Remedy If any material infringes on the copyright of any offended
party, we may remove the content from MemberSpeed.com, prevent access to it,
terminate or block access for those responsible for the content, and/or any
other action deemed appropriate. We may also pass along record of the incident
for documentation and/or publication by third parties at our discretion.
Not Legal Advice/No Attorney-Client Relationship
If you believe your rights have been violated, it can be a serious matter. This
DMCA notice exists solely to effectuate our efforts, as website owners, to
prevent and eliminate infringement on intellectual property rights. It is no
substitute for the assistance of competent legal counsel. Other remedies and
action, such as against an internet service provider (ISP), may exist. You may
wish to seek legal help immediately.
Notification
For your convenience and to speed resolution, notice of alleged infringement may
be tendered to MemberSpeed Inc via email, using the email address and/or contact
information provided on this website. We warn that you will be liable for any
and all statutory and common law damages, as well as court costs and attorney
fees, if you falsify a claim that your copyrights have been violated. Six
figure awards have already been granted for bogus complaints, so seeking the
help of competent counsel is advised.
Assuming you still wish to assert copyright violation, you should provide the
following to speed up the process:
STEP 1. Identify in adequate detail the copyrighted item you believe has been
violated, by providing the URL to the protected work, ISBN#, or otherwise.
STEP 2. Identify the URL of the webpage that you assert is infringing the
copyrighted work listed in item #1 above.
STEP 3. Provide contact information for yourself (email address is preferred,
phone is suggested).
STEP 4. Provide information sufficient to allow us to notify the
owner/administrator of the allegedly infringing webpage or other content such as
a blog or forum posting (email address is preferred).
STEP 5. Include the following statement: “I have a good faith belief that use of
the copyrighted materials described above as allegedly infringing is not
authorized by the copyright owner, its agent, or the law.
STEP 6. Include the following statement: “I swear, under penalty of perjury,
that the information in the notification is accurate and that I am the copyright
owner or am authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.”
STEP 7. Digitally sign your affirmation.
Counter-Notification
Note that the party representing the affected website or provider of content can
issue a counter-notification under sections 512(g)(2) and (3) of the Digital
Millennium Copyright Act, and so we may again post or link to the content in
that case.
For your convenience, counter notification may be tendered via email, using the
email address and/or contact information provided on this website. We warn that
you will be liable for any and all statutory and common law damages, as well as
court costs and attorney fees, if you falsify a claim that others’ copyrights
have NOT been violated
Assuming you still wish to file a counter-notice, you should provide the
following to speed up the process:
STEP 1. Identify the specific URLs or other unique identifying information of
material that we have removed or disabled access to.
STEP 2. Provide your name, address, telephone number, email address, and 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 who provided notification under subsection
(c)(1)(C) or an agent of such person.
STEP 3. Include the following statement: “I swear, under penalty of perjury,
that I have a good faith belief that each item of content identified above was
removed or disabled as a result of a mistake or misidentification of the
material to be removed or disabled, or that the material identified by the
complainant has been removed or disabled at the URL identified and will no
longer be shown.”
STEP 4. Digitally sign the affirmation.
CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by SocialPowerPlugin.com, in order to protect you and our SocialPowerPlugin.com website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of
this page, or simply wish to reach us for any other reason, you may do so by
using our Contact information. http://memberspeedsupport.com
CHANGE NOTICE: As with any of our administrative and legal notice pages, the
contents of this page can and will change over time. Accordingly, this page
could read differently as of your very next visit. These changes are
necessitated, and carried out by LandingPageMonkey.com, in order to protect you
and our LandingPageMonkey.com website. If this page is important to you, you
should check back frequently as no other notice of changed content will be
provided either before or after the change takes effect. |