Effective As Of May 25, 2018
THIS SITE AND SERVICE IS INTENDED SOLELY FOR USE BY INDIVIDUALS IN THE
1. BINDING EFFECT. This is a binding agreement (“Agreement) between you and DMCAServiceAgent.com (“Company”, “us”, “we”) regarding your use of this website. By using the Internet site located at http://www.dmcaagentservice.com (the “Site”) or any services provided in connection with the Site, you agree to be contractually bound by these terms. Should you decide to retain us as your DMCA agent, that relationship shall be addressed in a stand-alone agreement. This Agreement is not meant to address the legal duties and obligations of that arrangement.
2. UNITED STATES AUDIENCE. This Site and the services provided through it are intended for citizens and businesses of North America and are designed to provide partial compliance with the U.S. law – The Digital Millennium Copyright Act. We do not envisage offering services or goods to citizens of or individuals located in the European Union nor will we monitor said individuals pursuant to Article (3)(2) of the General Data Protection Regulation. Do not use the site or service if you are located in the European Union as doing so will be considered a material breach of this Agreement. You further agree that you will not use a virtual private network or similar service or technique to hide your location and that the use of a virtual private network or similar service will constitute a material breach of this Agreement.
4. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the State of California and United States, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the courts in San Diego, California, in all disputes arising out of or related to the use of the Site.
5. AGE. The Site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the Site. You warrant and guarantee you are at least 18 years of age.
6. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
7. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
9. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
11. COPYRIGHT. All contents of Site are Copyright © 2014-8 Halstatt, Inc., dba DMCAAgentService.com. All rights reserved.
12. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
13. AMENDMENTS. We reserve the right to amend these Terms and shall do so by posting a notice on the Site and forwarding an email detailing the amendments to you should we have an email address for you. Said amendment shall be binding 30 days after being posted to the Site. You may reject the amendments by discontinuing your use of the website.