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Splatnet Designs, LLC. Legal
Notices
Copyright Notice
The material on
this website may not be duplicated in any fashion and may not be
distributed, publicly performed, proxy cached or otherwise used, except
with the prior express permission of Splatnet Designs, LLC. All rights
reserved. © Splatnet Designs, LLC, 2005.
Disclaimer
Splatnet Designs,
LLC. provide the following disclaimer regarding websites listed with
http://www.xxxhomevideo.com and affiliated web sites. The web pages
that you may have access to from the http://www.xxxhomevideo.com and
affiliated web sites may contain adult sexually-oriented material that
is intended solely for responsible, consenting adults who are fully aware
of the nature of the content they are accessing. If
you are under the age of eighteen (18) years of age, or under twenty-one
(21) years of age in places where 18 years of age is not the age of
majority, YOU ARE NOT PERMITTED to access or view the web pages of
www.xxxhomevideo.com and affiliated web sites.
In an abundance of
caution, you are hereby WARNED that the web-pages of
www.xxxhomevideo.com and affiliated web sites you may view could
contain explicit images, text, graphics, sounds, illustrations, or
descriptions of nudity and sexual activity. If you are under the age of
eighteen (18) years of age, or under twenty-one (21) years of age in
places where eighteen (18) years of age is not the age of majority, or if
you are an adult and do not wish to view explicit adult material of a
sexually-oriented nature, then you should not access
www.xxxhomevideo.com and affiliated web sites.
Before accessing
any web pages on www.xxxhomevideo.com and affiliated web sites you
must read and agree to each of the provisions of the "personal statement
of viewer" listed below. please read each paragraph carefully because you
will be required to agree to and affirm each statement.
Personal
Statement:
- I am at least eighteen (18) years of
age, or twenty-one (21) years of age if the age of majority in the
jurisdiction where You reside, and that I have the legal right to access
and view explicit adult material of sexually-oriented adult nature over
the Internet.
- The sexually
explicit material I am viewing is for my own personal use and I will not
expose minors to the material.
- I desire to
receive/view sexually explicit material.
- I believe that
as an adult it is my inalienable right to receive/view sexually explicit
material.
- I believe that
sexual acts between consenting adults are neither offensive nor obscene.
- The viewing,
reading and downloading of sexually explicit materials, visual, graphic,
and sound does not violate the standards of my community, town, city,
state or country.
- I am solely
responsible for any false disclosures or legal ramifications of viewing,
reading or downloading any material in this site. Furthermore this website
nor its affiliates will be held responsible for any legal ramifications
arising from fraudulent entry into or use of this website.
- I agree that by
entering this website, I am subjecting myself and any business entity of
which I have any legal or equitable interest to the personal jurisdiction
of the State of California should any dispute arise at any time between
this website and myself and/or such business entity.
- I understand the
laws of the community where I am accessing or viewing this material, or
into which I am downloading this sexually-oriented adult material for my
own personal use, and I represent, based upon my personal knowledge and
familiarity with the standards of this community, that the
sexually-oriented adult material which I have chosen to access, view
and/or download is well within the contemporary community standards of
acceptance and tolerance of this community.
- I represent that
I personally do not find it offensive or objectionable to view, read
and/or hear sexually-oriented adult content dealing with, or containing
explicit depictions of nudity or sexual activity.
- In the event
that any materials contained in these web pages offend me, I represent and
agree that I will exit from those web pages immediately.
- I represent and
agree that I will follow all standards and laws in the jurisdiction that
applies to me.
- I agree that I
will not hold Splatnet Designs, LLC or www.xxxhomevideo.com and
affiliated web sites responsible for my viewing or accessing of any
materials contained on the www.xxxhomevideo.com and affiliated web sites.
- This warning
page constitutes a legal agreement between this website and you and/or any
business in which you have any legal or equitable interest. If any portion
of this agreement is deemed unenforceable by a court of competent
jurisdiction it shall not affect the enforceability of the other portions
of the agreement.
- All images,
videos and sounds within this website are non-violent. No one was harmed
in the making of any images or videos. All performers on this site are
over the age of eighteen (18), and have consented being photographed
and/or filmed, have signed model release and provided proof of age,
believe it is their right to engage in consensual sexual acts for the
entertainment and education of other adults and believe it is your right
as an adult to watch them doing what adults do.
- The videos and
images in this site are intended to be used by responsible adults as
sexual aids, to provide sexual education and to provide sexual
entertainment. The images and videos within this website depict real
people and their behaviors when placed in fantasy situations. The behavior
and actions within are intended only for the world of fantasy and it would
be irresponsible to behave or act this way in the real world.
- All performers
are given the opportunity to be tested for sexually transmitted diseases
at no charge to themselves within a reasonable amount of time before their
performance. All activity is arranged and discussed in advance of filming
and every effort is made to insure the health and safety of the performers
and to ensure that their performance is a pleasant and enjoyable
experience.
- I have read and
fully understand the above agreement, and I affirm and swear that
viewing/downloading/receiving sexually explicit materials does not violate
the standards of your community, that you won't make any of the materials
available to minors in any form, that you believe it is your
constitutional right to view these materials, that you are wholly liable
for any legal ramifications that may arise for your receiving or viewing
of these materials and that I am over the age of eighteen(18) years of age
or the age of twenty-one (21) if the age of majority in the jurisdiction
where you live is not eighteen(18) years of age, and have the legal right
to access and view explicit adult material of sexually-oriented adult
nature over the Internet.
I UNDERSTAND AND AGREE THAT THE USE,
ACCESSING AND VIEWING OF MATERIALS ON THE
WWW.XXXHOMEVIDEO.COM AND AFFILIATED WEB
SITES IS ENTIRELY AT MY OWN
RISK. I FURTHER UNDERSTAND AND AGREE THAT THE
WWW.XXXHOMEVIDEO.COM AND AFFILIATED WEB
SITES WEBSITE IS PROVIDED ON
AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED,
AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS, ARE DISCLAIMED BY Splatnet Designs, LLC. AND UNDER NO
CIRCUMSTANCES SHALL Splatnet Designs, LLC AND
WWW.XXXHOMEVIDEO.COM AND AFFILIATED WEB
SITES BE HELD LIABLE TO ANY
USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR THE SERVICES
AVAILABLE THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, AND EXEMPLARY
DAMAGES.
- I represent that
I have reviewed and understand all of the representations set forth in
this Personal Statement.
I AGREE I
DISAGREE
Privacy Statement
Splatnet Designs,
LLC. has created this privacy statement in order to demonstrate our firm
commitment to our members' privacy. The following discloses our
information-gathering and dissemination practices for this website and
affiliate websites. Our website and affiliate websites occasionally use
an order form from its members to request information, products and
services. We collect visitors' contact information like their email
address. Contact information from the order form is used to send orders,
information about our company and promotional material from us to our
members. The customer's contact information is also used to get in touch
with the member when necessary. Users may unsubscribe from future mailings
by e-mail at support@xxxhomevideo.com.
Splatnet Designs, LLC. Membership
Agreement
YOU MUST READ
AND AGREE to the terms and
conditions of this Membership Agreement (the "Agreement") before You can
become an active member of Xxxhomevideo and affiliated web sites and
receive a Xxxhomevideo' Membership ID. By applying for a Xxxhomevideo
Membership ID You agree to the terms and conditions set forth in this
Membership Agreement. These terms and conditions will continue in effect
throughout your membership and after any termination, cancellation or
expiration. Please read each of these terms and conditions carefully
because they will be legally binding on you if you chose to obtain a
Xxxhomevideo ID. The parties to this Agreement are You, the Member
(hereafter "You", "Your" or "Member"), and Splatnet Designs, LLC.
(hereafter the "Company"), the owner of Xxxhomevideo and affiliated
sites.
1. Member
acknowledges, represents and warrants that, acceptance of the benefits,
rights and privileges afforded to Member by the Xxxhomevideo and
affiliated sites Membership are fair and adequate consideration to
contractually bind the Member to the terms and conditions herein set forth
and as may, from time to time, be amended.
2. Member
acknowledges and is aware that upon approval of a Xxxhomevideo or
affiliated Sites' Application, the applicant becomes a Xxxhomevideo member
(subject to all the terms and conditions set forth herein) and shall
obtain a Xxxhomevideo Membership ID which will, for the period of time for
which the Member has enrolled and for which Member has paid, enable the
Member to access www.xxxhomevideo.com and affiliated web sites. All
representations, warranties, acknowledgements and agreements by Member, as
set forth in this Agreement, shall continue in force throughout the term
of the Xxxhomevideo membership.
3. Member
acknowledges and is aware that the use of the Xxxhomevideo' Membership ID
will permit the Member to access websites which may contain materials that
are not suitable for minors including, but not limited to, sexually
explicit adult oriented materials, depictions and descriptions of graphic
nudity, simulated or actual sexual acts, auto eroticism and homosexuality
(herein referred to as "Materials").
4. Member
acknowledges that he or she is aware of the following: that all materials
including messages and other communications contained in the websites are
intended for distribution exclusively to consenting adults in locations
where the materials, messages and other communications contained within or
accessible through the adult websites do not violate any community
standards or any federal, state or local law or regulation of the United
States or any other country. No person under the age of eighteen (18) or
twenty-one (21) in places were eighteen (18) years of age is not the age
of majority, may directly or indirectly view or possess any of the
contents of the websites, or place any orders for goods or services
advertised at, or in the website.
5. Member
hereby acknowledges and represents that he or she knows and understands
that the materials presented at, or accessible from the adult websites
include explicit visual, audio and textual depictions and descriptions of
nudity and sexual activities, including without limitation, heterosexual,
bi-sexual, homosexual and transsexual activities of an explicit sexual
nature; that member is familiar with materials of this kind; that member
is not offended by such materials; and that by agreeing to these terms and
conditions member is warranting to the Company that he or she is
intentionally and knowingly seeking access to such explicit sexual
materials for his or her own personal viewing.
6. Member
represents and warrants to Company that Member's acceptance of a
Xxxhomevideo ID and/or purchase of a Xxxhomevideo.com and affiliated web
sites on the terms and conditions set forth herein constitutes an
unequivocal request to receive sexually explicit material via access to
the adult websites and Member makes the following statements and
representations to the Company (and which are relied upon by Company) as a
material inducement to issue a Xxxhomevideo' Membership and/or ID to
Member:
"UNDER PENALTY OF PERJURY, I
SWEAR/AFFIRM THAT AS OF THIS MOMENT, I AM AN ADULT, AT LEAST 18 YEARS OF
AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE
OF MAJORITY). I PROMISE THAT I WILL NOT PERMIT ANY PERSON(S) UNDER 18
YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT
THE AGE OF MAJORITY) TO HAVE ACCESS TO ANY OF THE MATERIALS CONTAINED
WITHIN THE ADULT WEB SITES. I UNDERSTAND THAT WHEN I GAIN ACCESS TO THE
WEB SITES, I WILL BE EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS, AND
AUDIO SOUNDS OF A SEXUAL ACTIVITY. I AM VOLUNTARILY CHOOSING TO DO SO,
BECAUSE I WANT TO VIEW, READ AND/OR HEAR THE VARIOUS MATERIALS WHICH ARE
AVAILABLE, FOR MY PERSONAL ENJOYMENT, INFORMATION AND/OR EDUCATION. MY
CHOICE IS A MANIFESTATION OF MY INTEREST IN SEXUAL MATTERS, WHICH, I
BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY EXPERIENCE, IS
GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY. I AM FAMILIAR WITH THE
STANDARDS IN MY COMMUNITY REGARDING THE ACCEPTANCE OF SUCH SEXUALLY
ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER AND ACCESS
THROUGH THE ADULT WEBSITES ARE WITHIN THOSE STANDARDS IN MY JUDGMENT; THAT
THE AVERAGE ADULT IN MY COMMUNITY ACCEPTS THE VIEWING AND ACCESSING OF
SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS WHICH OFFER
REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING ADULTS;
AND THAT THE AVERAGE ADULT IN MY COMMUNITY WOULD NOT FIND SUCH MATERIALS
TO APPEAL TO A PRURIENT INTEREST OR TO BE PATENTLY OFFENSIVE. I FURTHER
REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY,
INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT WISH TO RECEIVE SEXUALLY
ORIENTED MATERIAL."
7. Company
represents and agrees that except in response to legal process, Company
will not disclose, disseminate, sell, lease or transfer any private
information provided to it by Member to any third parties. Otherwise, all
data, information, compilations, statistical analyses, profiles,
membership history and transaction records are the sole and absolute
property of Company.
8.
In the event that a refund is issued, all refunds will be made by
crediting the credit card that was used to make the original purchase.
No refunds will be made by cash or check.
9. Member acknowledges and is aware
that the price of the service provided by the Company is as quoted at time
of purchase and that transactions are created, authorized and settled
through the Company's accounts in United States Dollars for these amounts
but that these transactions may be conducted at the Company's banks either
within or outside of the United States. In the event that a transaction
occurs at one of the Company's banks not in the United States, the Member
acknowledges that the Member's card issuing bank may charge a fee for the
this transaction. The Company does not benefit from these additional fees
nor do we authorize, request or initiate these fees. They are charged at
the sole discretion of the Member's card issuing bank.
10. Your Obligations, Duties,
Representations and Warranties. You hereby acknowledge and agree that
Company's willingness to enter into this Agreement is based on various
material representations, warranties and guarantees made by you and relied
upon by Company, as set forth in detail in this paragraph:
10.1 Member
represents and warrants that, in the event Member accesses any Materials,
that Member will not use the Materials in any unlawful manner, will not
display or transmit the Materials to, or allow access of the Materials by,
minors, except where such display, transmission or access is permitted by
law.
10.2 Member
represents and warrants that, in the event Member accesses any Materials,
that Member will not use the Materials in any manner inconsistent with, or
in violation of the intellectual property rights of the Company.
10.3 Member will
not publish, disclose, disseminate or otherwise permit any other person to
use his/her Xxxhomevideo or affiliated sites Membership ID.
10.4 Member acknowledges that Company relies on the representations and
warranties made by the Member in the Member's Application and these terms
and conditions. Member represents and warrants that all information
provided in the Application is true and correct.
10.5 Member
agrees not to remove any proprietary notices or designations of ownership
from any Materials that Member has accessed from this website at any
time.
10.6 Member
agrees not to make any commercial use of any Materials that Member has
accessed from this website without the prior express written authorization
from the Company.
10.7 Member
agrees not to permit other individuals to directly or indirectly use or
view any Materials that Member has accessed from this website without the
prior express written authorization from the Company.
10.8 Member
agrees not to modify, translate, reverse engineer, decompile or
disassemble any Materials that Member has accessed from this website
without the prior express written authorization from the Company.
10.9 Member
agrees not to make copies or create derivative works based on any
Materials that Member has accessed from this website without the prior
express written authorization from the Company.
10.10 Member
agrees not to rent, lease, or transfer any rights to any Materials that
Member has accessed from this website without the prior express written
authorization from the Company.
10.11 Member
agrees not to make any other unauthorized use of any Materials that Member
has accessed from this website without the prior express written
authorization from the Company.
11. Membership
to this Service may be terminated at any time, and without cause, by
either Company or the Member upon notification of the other by electronic
or conventional mail, or by telephone, fax or by filling out the Company's
cancellation request form and sending it to Company. You agree to be
personally liable for all charges incurred by You during or through the
use of the Xxxhomevideo' membership. Your liability for all charges
incurred during Your membership term shall continue after termination, for
any reason, of Your Membership.
12. Members are
responsible for providing all personal computer and communications
equipment necessary to gain access to the website and affiliate websites.
Access to and use of the website is through the use of a unique. Each
Member must keep his/her Xxxhomevideo ID strictly confidential. Sharing
Your unique Xxxhomevideo ID with another individual is strictly prohibited
and shall entitle the Company to immediately terminate your membership
without notice or reimbursement of any kind.
13. You
acknowledge that You understand that Company cannot ensure nor does it
make any representations or warranties regarding the security or privacy
of information that You voluntarily provide through the Internet and Your
email messages, and therefore that You release Company, its managers,
officers, directors, employees and representatives from any and all
liability in connection with the use or misuse of such information by
other parties;
13.1 You further acknowledge that You understand that Company does not
control the content of any information, messages, communication or other
materials posted or uploaded by users of the Public Areas of any of
Company's website and that Company does not guarantee or vouch for the
accuracy or truthfulness of any messages, communication, information or
content of any kind which has been posted, uploaded or provided by other
users of the Public Areas. Consequently You agree to release Company, its
managers, officers, directors, employees and representatives from any and
all liability and responsibility in connection with the content of any
information, messages, communication or other materials You may receive
from other users of the Public Areas.
13.2 Disclaimer
and Limitations On Company's Liability. The Materials on the web sites
utilizing Splatnet Designs, LLC and its websites, and all services
provided to You by Company are provided on an "AS IS" basis without any
express or implied warranty of any kind. No warranty is made by Company,
or should be implied, regarding any information, services, Materials or
products provided by Company, and Company hereby expressly disclaims any
and all warranties, including without limitation: any warranties as to the
availability, accuracy, or content of Materials, information, products, or
services websites; any warranties of merchantability or fitness for a
particular purpose and non-infringement. Some states do not allow
exclusions of an implied warranty, so this disclaimer may not apply to You
and You may have other legal rights that vary from state to state or by
jurisdiction.
13.3 Company does
not guaranty or warrant the compatibility of the Member's equipment,
computer or software, including but not limited to, the type of computer,
computer configuration, browser software, other software, or online
service.
13.4 In the event
that the Company, its owners, managers. officers, employees or agents, are
found liable for any failure to perform, error, omission, interruption,
defect delay in operation or transmission, communications line failure or
under any other cause or action, said liability shall be strictly limited
to the amount of membership fee paid by or on behalf of the Member to
Company for the preceding month. Some states do not allow the limitation
or exclusion of liability for incidental or consequential damages, so the
above limitation or exclusion may not apply to You.
13.5 Under no
circumstances and under no cause of action or legal theory, shall Company,
its suppliers, licensees, resellers, or other Members, or their suppliers,
licensees, resellers or Members be liable to You or any other person for
any indirect, special, incidental, punitive or consequential damages of
any character including, without limitation, damages for loss goodwill,
work stoppage, computer failure or malfunction, any interruption in
service or inability of Member to access this website and affiliate
websites due to technical difficulties or failure of the internet, world
wide web, phone lines, switching or any other causes beyond its control,
or any and all other commercial damages resulting from accessing, viewing
or using any use of Materials of a participating web site even if, in any
such case, Company has been advised of the possibility of such damages.
13.6 Company
shall in no event be liable to YOU or any third party for any loss
resulting from any failure to perform its obligations under this Agreement
because of acts of God, nature, any government agency(ies), war, civil
disturbance, labor disputes or shortages, electrical or mechanical
breakdowns, inability or refusal of a common carrier to provide
communications capabilities, or any other cause beyond Company's direct
control, including but not limited to, the issuance of an injunction or
seizure order by a court of competent jurisdiction prohibiting Company
from carrying on its day-to-day operations as contemplated under this
Agreement or an order by any regulatory, administrative, judicial or
legislative body, which shall temporarily suspend or permanently terminate
Company's ability to provide YOU with services pursuant to this
Agreement.
13.7 You agree
that as a Member you shall not, under any circumstances, have the right to
transfer or assign your Xxxhomevideo membership or membership ID to any
other person or entity, and that any attempted transfer or assignment of a
membership ID shall be void and shall constitute a material breach of
these Terms and Conditions on Your part. Your further agree that the
Company, may at any time at its sole discretion and without prior notice
to you, transfer or assign Your membership and any or all of its rights
and/or obligations hereunder in its free, sole, and unfettered discretion
at any time, to an affiliated or non-affiliated Company.
13.8 This
Agreement is not for the benefit of any third party, and shall not be
deemed to grant any right or remedy to any third party whether or not
referred to in this Agreement.
14. Governing
Law; Arbitration; Jurisdiction And Venue. This Agreement shall be
governed by and construed under the laws and judicial decisions of the
State of California and the United States as applied to agreements between
California state residents entered into and to be performed within the
State of California, except as governed by Federal law. The application of
the United Nations Convention of Contracts for the International Sale of
Goods is expressly excluded.
15. Any and
all disputes as to the interpretation of or any performance under this
Agreement which are not first resolved informally, shall be determined by
binding arbitration in Los Angeles, California, in accordance with the
rules of the American Arbitration Association. The final award in any
such arbitration proceeding shall be subject to entry as a judgment by any
court of competent jurisdiction, provided that such judgment does not
conflict with the terms and provisions hereof. The jurisdiction of the
arbitrator with respect to legal matters shall be limited only by the
statutory and common law of the State of California and the United
States.
15.1 Nothing in
this paragraph shall preclude Company from seeking and obtaining any
injunctive relief or other provisional remedy available in a court of law,
including, specifically, Company's right to prejudgment attachment and
expedited discovery. In addition to the foregoing, the parties hereto
hereby agree that as part of the consideration for this Agreement, they
waive the right to a trial by jury for any dispute arising between them
that is in any way related to the subject matter of this Agreement,
provided that the arbitration provisions of this paragraph are waived or
are otherwise inapplicable. Should any legal fees, costs, or other
expenses be incurred by any party to enforce this arbitration and jury
waiver provision, the prevailing party shall be entitled to recover such
legal fees, costs, or other expenses without regard to whether such party
prevails in the underlying case.
15.2
Notwithstanding the foregoing, if for any reason any matter or dispute
arising under this Agreement is not resolved by binding Arbitration, or if
any of the proceedings or decisions of the Arbitration must be enforced by
a court of competent jurisdiction, Member agrees that in case of any
litigation regarding this Agreement or the various subject matters hereof,
that the venue for such litigation shall be, depending on by the subject
matter of the dispute, either the Municipal Court of Los Angeles,
California, the Superior Court of the County of Los Angeles, or the
United States District Court for the Central District of California,
Western Division. Licensee hereby consents and stipulates to the
jurisdiction of the Courts of the State of California and the United
States District Court, Central District of California, Western Division.
16. In case
any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other
provision hereof, and this Agreement shall be construed as if such
invalid, illegal or unenforceable provision(s) had never been included
17. The
invalidity or unenforceability of any provision of this Agreement shall
not affect the validity or enforceability of any other provision.
18. A waiver by
either party of any term or condition of this Agreement in any one
instance shall not be deemed or construed to be a waiver of such term or
condition for any similar instance in the future of any subsequent breach
hereof.
SPLATNET DESIGNS
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that
your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been violated in
any way, please send written Notification to Splatnet Designs, LLC.'s
Agent as follows:
Full Address of
Designated Agent to Which Notification Should be Sent:
Attn: Michael
Chesal
Kluger, Peretz, Kaplan and Berlin
201 South Biscayne Blvd.
Miami Center, Suite 1700
Miami, FL, 33131
Telephone Number of
Designated Agent: (305) 379-9000
Facsimile Number of
Designated Agent: (305) 379-3428
E-mail Address of
Designated Agent:
mchesal@kpkb.com
To be effective,
the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on
behalf of the owner
of an exclusive right that is allegedly
infringed;
2. 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,
representative list of such works at that
site;
3. 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;
4. 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;
5. 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
6. 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.
Upon receipt of the
written Notification containing the information as outlined in 1 through 6
above:
A.
Splatnet Designs, LLC.
will remove or disable access to the material that is
alleged to be infringing;
B.
Splatnet Designs, LLC will
forward the written Notification to such alleged infringer ("Subscriber");
C.
Splatnet Designs, LLC will
take reasonable steps to promptly notify the Subscriber that it has
removed or disabled access to the material.
COUNTER
NOTIFICATION FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
The Subscriber then may submit a Counter Notification. To be effective,
the Counter Notification must be a written communication provided to Splatnet
Designs LLC 's Designated Agent that includes substantially the following:
1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which
access has been
disabled and
the location at which the material appeared before it was removed or
access to it
was disabled;
3. A statement under penalty of perjury that the Subscriber has a good
faith belief that the
material was
removed or disabled as a result of mistake or misidentification of the
material to
be removed or disabled;
4. The Subscriber's name, address, and telephone number, and a statement
that the
Subscriber
consents to the jurisdiction of Federal District Court for the judicial
district
in which the
address is located, or if the Subscriber's address is outside of the
United
States, for
any judicial district in which the Service Provider may be found, and that
the
Subscriber
will accept service of process from the person who provided notification
or
an agent of such person.
Upon receipt of a
Counter Notification containing the information as outlined in 1 through 4
above:
A.
Splatnet Designs, LLC.
will promptly provide the Complaining Party with a copy of the Counter
Notification;
B.
Splatnet Designs, LLC.
will inform the Complaining Party that it will replace the removed material or cease
disabling access to it within ten (10) business days;
C.
Splatnet Designs, LLC.
will replace the removed material or cease disabling access to the
material within ten (10) to fourteen (14) business days following receipt
of the Counter Notification, provided Splatnet Designs, LLC. Designated
Agent has not received notice from the Complaining Party that an action
has been filed seeking a court order to restrain Subscriber from engaging
in infringing activity relating to the material on Service Provider's
network or system.
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