Highlights for Children, Inc.
Terms of Service
- Acceptance of Terms.
- Highlights for Children, Inc. (“HFC” or “we”) provides its Service (as defined below) to you through its web site located at www.tinkergarten.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, school, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.
- HFC may change this TOS from time to time by providing three (3) days prior notice either by emailing the email address associated with your account or by posting a notice on the Site. You can review the most current version of this TOS at the Site. The revised terms and conditions will become effective thirty (30) days after we post or send you notice of such changes, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is stop using the Services and send a cancellation email to firstname.lastname@example.org.
- As part of the registration process, you will identify an administrative user name and password for your account (“Account”) and register for a membership program (the “Membership”). You may use the administrative user name and password to create standard users (each with a user password) up to the maximum number permitted under your Membership.
- Description of Service. The “Service” includes HFC’s online platform available on the Site (the “Platform”) that distributes learning content, including HFC’s blog, DIY activities and hosted parent videos (“Course Offerings") to assist you as a caregiver, teacher or instructor of students (“Classes”). Information, resources and registration regarding the Services are available through the website at www.tinkergarten.com. Any new features added to or augmenting the Service are also subject to this TOS.
- Course Content.
- Subject to the terms herein, HFC grants to you for the Subscription Term a limited, nontransferable, non-sublicense and nonexclusive license to access and use the Course Offerings solely to prepare and instruct Classes.
- Except as granted herein, you have no rights in or to the Course Offerings. You must not sell, commercialize, copy, adapt, reverse engineer, modify, display, transmit, create derivative works of, distribute the Course Offerings as a standalone product, or distribute the Course Offerings, except as expressly permitted herein. However, you may print a reasonable number of copies of the Course Offerings solely as necessary to provide the classes during the Subscription Term. No other use is permitted without our prior written consent.
- You will display all attribution that HFC provides in connection with the Course Offerings (including branding, logos, and copyright and trademark notices). Customer will not modify, obscure, or delete such attribution.
- The HFC name and logos are trademarks and service marks of HFC (collectively, the “HFC Trademarks”). The HFC Trademarks shall be used only to attribute the Course Offerings to HFC and to advertise the Classes in accordance with our trademark policy. All goodwill generated from the use of HFC Trademarks will inure to our exclusive benefit.
- General Conditions/ Access and Use of the Service.
- Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to HFC. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices HFC provides you or publishes in connection with the Service, and you shall promptly notify HFC if you learn of a security breach related to the Service.
- You are solely responsible for all data, information, feedback, suggestions, text, photos, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service (“Your Content”).
- You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. HFC reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Service, you hereby do and shall grant HFC a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. HFC has the right, but not the obligation, to monitor the Service, Content, or Your Content. You further agree that HFC may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
- You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to HFC’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. HFC will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
- The failure of HFC to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and HFC, even though it is electronic and is not physically signed by you and HFC, and it governs your use of the Service.
- HFC reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on HFC’s website and in other communication with existing or potential HFC customers. To decline HFC this right you need to email email@example.com stating that you do not wish to be used as a reference.
- Subject to the terms hereof, HFC may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.
- Intellectual Property Ownership. You agree that HFC owns all right (including intellectual property rights), title and interest in and to the Services, including the Course Offerings. Any rights not expressly granted herein are reserved by HFC.
- License to Publicity Materials. You hereby grant to HFC and its licensees, designees and assignees the absolute and irrevocable right and permission, without any requirement to obtain further consent from you and/or your children, to audio tape, film, videotape, photograph or otherwise record the name, likeness and voice of you and your children in connection with your and your children’s participation in any Classes, and to edit, use, broadcast, telecast, stream, download, display, distribute, post, and/or publish any of the results and proceeds thereof (the “Publicity Materials”) for any purpose and in any manner whatsoever in any and all media or technology, whether now known or hereafter devised (including, without limitation, on the internet, via social media, via video or audio conferencing, and via any other digital, analog or other distribution media or mechanism), worldwide in perpetuity. You hereby irrevocably authorize HFC to use and license others to use the Publicity Materials for any promotion, merchandising, publicity, advertising or any other lawful purpose without limitation and without any compensation to you or your children. You and your children hereby release, hold harmless, and forever discharge HFC from any and all claims, actions, causes of action, demands, rights, damages, costs, and expenses arising out of, related to, or in any way connected with the exercise by HFC of the rights granted herein, including any and all claims for invasion of privacy, infringement of your rights of privacy and/or publicity, infringement of you and/or your children’s intellectual property rights, defamation, or portrayal in a false light.
- Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to HFC (“Feedback”) is at your own risk and that HFC has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to HFC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non- commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Course Offerings or the Services.
- Payment. To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide HFC information regarding your credit card or other payment instrument. You represent and warrant to HFC that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay HFC the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize HFC to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you cancel your Membership or terminate your account, and you further agree to pay any charges so incurred. You must notify us in writing within seven (7) days after receiving your invoice or credit card statement if you dispute any of our charges or such dispute will be deemed waived. Billing disputes should be notified to the following address: Highlights for Children, Inc., Attn: Joe Quigley, 9 ½ Market Street, Northampton, MA, 01060. If you dispute any charges you must let HFC know within sixty (60) days after the date that HFC invoices you. We reserve the right to change HFC’s prices. If HFC does change prices, HFC will provide notice of the change on the Site or in email to you, at HFC’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. HFC may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by HFC thirty (30) days after the mailing date of the invoice, or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services other than U.S. taxes based on HFC’s net income. If you do not pay the fees in accordance with this Section 8, you agree that HFC may suspend your Account.
- Representations and Warranties. You represent and warrant to HFC that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow HFC to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and HFC’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
- Subscription Term; Termination. The commencement and expiration of your Membership to the Services are set forth in your Account (the “ Subscription Term”), unless earlier terminated in accordance with the terms herein You have the right to terminate your account prior to the start of the next renewal by cancelling your Membership within your online profile or by sending a cancellation request to firstname.lastname@example.org. Subject to earlier termination as provided below, HFC may terminate your Account and this TOS at any time by providing thirty (30) days prior notice to the administrative email address associated with your Account. In addition to any other remedies we may have, HFC may also terminate this TOS upon thirty (30) days’ notice (or ten (10) days in the case of nonpayment), if you breach any of the terms or conditions of this TOS. HFC reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof). All of Your Content on the Service (if any) may be permanently deleted by HFC upon any termination of your account in its sole discretion. If HFC terminates your account without cause and you have signed up for a fee-bearing service, HFC will make any refunds in accordance with HFC’s refund policy available at www.tinkergarten.com/refunds. However, all accrued rights to payment and the terms of Section 4-23 shall survive termination of this TOS.
- Confidential Information. To the extent that you are provided access to confidential information of HFC, you agree that you will not use it except to exercise or your rights hereunder or disclose it in any manner to any third parties, except as authorized hereunder. You understand that any information provided to you by HFC will be considered to be confidential information for purposes of the TOS, unless HFC states otherwise in writing, or you otherwise know such information to be publicly available. You also understand that, upon HFC’s request, you will return to HFC all information provided to you by HFC, including all copies thereof. You understand that information includes tangible materials, as well as electronically stored information and all copies thereof.
- DISCLAIMER OF WARRANTIES. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by HFC or by third-party providers, or because of other causes beyond our reasonable control, but HFC shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption. HOWEVER, THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND HFC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT HFC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM HFC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
- HFC CONTENT DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT THE HFC IS NOT RESPONSIBLE FOR AND WILL NOT HAVE ANY LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, AS A RESULT OF OR ALLEGED TO BE THE RESULT OF (I) ANY INCORRECT OR INACCURATE HFC CONTENT PROVIDED IN CONNECTION WITH THE SERVICES; (II) THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE HFC CONTENT OR THE SERVICES; AND (III) THE TIMELINESS, DELETION OR REMOVAL, INCORRECT DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
- SERVICES & CLASSES DISCLAIMER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HFC DOES NOT PROVIDE, AND THAT THE PROVISION OF, THE CLASSES ARE YOUR SOLE RESPONSIBLE AND AT YOUR SOLE RISK. HFC IS NOT RESPONSIBLE TO PROVIDE ANY CLASSES, CONTRACTING WITH ANY CONTRACTORS ON YOUR BEHALF, OR OTHERWISE LIABLE FOR ANY ACTS OR OMISSIONS OF ANY INSTRUCTOR OR OTHER THIRD PARTY USERS ACCESSING AND USING THE COURSE OFFERINGS.
- LIMITATION OF LIABILITY.
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL HFC BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
- Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, HFC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Indemnification. You shall defend, indemnify, and hold harmless HFC from and against any losses, expenses, penalties, claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from (i) your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service; or (i) the Classes. HFC shall provide notice to you of any such claim, suit or demand. HFC reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting HFC’s defense of such matter.
- Assignment. You may not assign this TOS without the prior written consent of HFC, but HFC may assign or transfer this TOS, in whole or in part, without restriction.
- Miscellaneous. If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind HFC in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the TOS or the use of any product or service provided by HFC that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of any arbitration agreement entered into by the parties (“Arbitration Agreement”). Unless otherwise agreed to, all arbitration proceedings will be held in English. The Arbitration Agreement applies to you and HFC, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the TOS.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to HFC should be sent to: Highlights for Children, Inc., Attn: Joe Quigley, 9 ½ Market Street, Northampton, MA, 01060. After the Notice is received, you and HFC may attempt to resolve the claim or dispute informally. If you and HFC do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the TOS. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that HFC made to you prior to the initiation of arbitration, HFC will pay you the greater of the award or $2,500. Each party will bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.
- Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
- Time Limits. If you or HFC pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and HFC, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the TOS. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and HFC.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and HFC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HFC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Governing Law. This TOS shall be governed by the laws of the State of Ohio without regard to the principles of conflicts of law. Unless otherwise elected by HFC in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Ohio for the purpose of resolving any dispute relating to your access to or use of the Service.
- Privacy. Please visit https://tinkergarten.com/privacy-policy to understand how HFC collects and uses personal information.
- DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. HFC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to HFC’s Copyright Agent at email@example.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
Highlights for Children, Inc.
9 ½ Market Street, Northampton, MA, 01060
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
Counter-Notice: If you believe that the relevant Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- 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;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, HFC will 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 HFC’s sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, HFC has adopted a policy of terminating, in appropriate circumstances and at HFC 's sole discretion, members who are deemed to be repeat infringers. HFC may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.