PLEASE READ THIS COPYRIGHT AND INTELLECTUAL PROPERTY POLICY CAREFULLY BEFORE CONTINUING TO USE AGENCY ACCESS' WEBSITE AND SERVICES. BY ACCESSING AND CONTINUING TO USE THE WEBSITE AND RELATED SERVICES YOU AGREE TO BE BOUND BY THIS COPYRIGHT AND INTELLECTUAL PROPERTY POLICY (AS MAY BE MODIFIED FROM TIME TO TIME) AS SET FORTH BELOW.
COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
It is the goal of Flipside Prodigy, Inc. d/b/a Agency Access ("Agency Access") to respect the copyright or other intellectual property rights of others. In order to do so, Agency Access has enacted this copyright and intellectual property policy, which complies with applicable law. This policy shall be governed and interpreted under the intellectual property law of the United States of America, including where applicable, the Digital Millennium Copyright Act. You may wish to consult with legal counsel regarding any right or interest you may have concerning copyright or other intellectual property rights that you may have or may have violated.
A. Infringement Complainant: If you are a copyright or other intellectual property right owner, or their agent, ("Complainant") and believe that any content infringes upon your copyright or other intellectual property rights, please provide Agency Access' Agent with Notice of your claim of infringement regardless of the nature of your claimed intellectual property interests ("Notice"). Agency Access' designated Copyright Agent for such Notices can be reached at:
Flipside Prodigy, Inc. d/b/a Agency Access
360 Motor Parkway, Suite 700
Hauppauge, NY, 11788, U.S.A.
The Notice should identify the intellectual property interest that you claim has been infringed, (i.e., copyright, trademark, etc.) and include the following:
(i) Complainant's physical or electronic signature;
(ii) Specific identification of the copyrighted work or other materials that Complainant claims to have intellectual property rights in and claims to have been infringed, and is the subject of the Notice;
(iii) Identification of the content appearing on the Agency Access Website that Complainant claims infringes on Complainant's copyright or other intellectual property right, including the "URL" and other information that will permit Agency Access to precisely locate the content;
(iv) Complainant's contact information, including address, telephone number and email address;
(v) A statement that you, as Complainant, have a good faith belief that the use of the materials that are the subject of your Notice in the manner that you are complaining of is not authorized by the copyright or other intellectual property owner, the owner's agent, or by operation of law; and
(vi) A statement by you, as Complainant, under penalties of perjury, that the information provided in the Notice is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Complainant may be required to meet certain additional legal requirements, or may have certain additional rights and remedies, including, but not limited to, under the Digital Millennium Copyright Act and other laws of the United States of America. Complainant's failure to fulfill all such requirements may relieve Agency Access from taking any action in response to the Notice.
B. Counter Notice Policy: If You, as a Subscriber or User have received Notice that Your content is alleged to infringe on another's copyright or other intellectual property rights, You may have certain legal requirements, rights and remedies by which the claim of infringement may be contested. You may elect to challenge the claim of infringement, by sending Agency Access' Copyright Agent, (identified above) a "Counter-Notice," which should include:
(i) Your or Your authorized agent's physical or electronic signature;
(ii) Identification of Your content that was removed from the Website or to which access has been disabled and its specific Website location (URL) before it was removed or access disabled;
(iv) Your statement, under penalties of perjury, that You have a good faith belief that the content was removed or access to it disabled as a result of a mistake or misidentification of the content; and
(v) Your name, address, telephone number, and email address, and a statement that You consent to the jurisdiction of the United States District Court, Eastern District of New York for purposes of resolution of the copyright or other intellectual property right dispute and will accept service of process from the Complainant in regard to that dispute.
You may be required to meet certain additional legal requirements, or have certain additional rights and remedies, including, but not limited to, under the Digital Millennium Copyright Act and other laws of the United States of America. Your failure to fulfill all such requirements may relieve Agency Access from taking any action in response to Your Counter-Notice.
C. Agency Access' Response: If Agency Access receives Notice that complies with the requirements set forth above and/or any applicable law, it will make reasonable and expeditious effort to 1) either remove the content identified in the Notice from the Website or disable access to it; 2) notify the User or Subscriber that the content has been removed or access disabled; 3) provide a copy of the Notice to the User or Subscriber whose content is the subject of the Notice through the contact information provided in the Notice or contained in the User's or Subscriber's User account.
If Agency Access receives a Counter-Notice that complies with the requirements set forth above and any applicable law, it will make reasonable and prompt efforts to 1) supply the Complainant with a copy of the Counter-Notice and 2) inform the Complainant that Agency Access may replace the removed content and restore access to it unless, within 10 days, Agency Access receives notice that the Complainant has filed suit in the United States District Court, Eastern District of New York, seeking injunctive relief in regard to the subject of the Notice. If Agency Access is not advised that suit has been filed by the Complainant within the time specified, Agency Access will promptly replace the removed content and restore access to it.
Agency Access reserves the right to terminate User or Subscriber access to the Website and any services provided in connection therewith or under any agreement between Agency Access and a User or Subscriber, if it is determined that the User or Subscriber has, on more than two occasions, violated this policy or is a repeat infringer of copyrighted works, trademarks or any other intellectual property.
INDEMNIFICATION OF AGENCY ACCESS
As a condition of accessing the Website and/or using the Contact Database or Marketing Services, You agree to make Yourself aware of and to fully comply with all applicable copyright and intellectual property laws. You agree that You are in the superior position to determine the scope of Your intellectual property interest in Your Content and You understand that Agency Access is relying on Your representation that You have the necessary ownership, license, authority or other intellectual property interest to submit such Content. You agree to fully indemnify and hold Agency Access completely harmless against any and all claims, suits, demands, penalties, fines and costs of any description that arise from, are caused by or are in any way related to your breach of Your obligations and representations, as more fully set forth in the Terms or Use.
Eff. Date January 29, 2015