TERMS AND CONDITIONS OF USE

Thank you for visiting DesignRush’s Online Platform and viewing these terms and conditions of use (these “Terms of Use”). Our Online Platform includes this DesignRush web site found at www.designrush.com and such others as we may make available from time to time as well as our authorized mobile or other apps and certain limited features of our social media presence that we integrate with and control as described here (“Online Platform”)

1.   Scope. By using or downloading our Online Platform, you are agreeing to these Terms of Use as well as our privacy policy (“Privacy Policy”) and our copyright policy set out further below (“Copyright Policy”), whether as a guest or as a registered user/customer. If you do not want to agree to these Terms of Use the Privacy Policy or the Copyright Policy, you must not access or use our Online Platform. We may revise these Terms of Use at any time as described here. It is important that you understand that our Online Platform is not the same as our products and services. If you formally become a customer of our product or service offerings, you will be required to enter into a subscription or other agreement. That agreement will have its own terms and conditions governing your rights and obligations as a customer of our offerings. That said, these Terms of Use are a legal document, so clarity is important. We use this section to let you know about some words that have special meanings whenever you see them here. The words “you” and “your” refer to each individual accessing and using the Online Platform, on their own behalf or on behalf of the organization which they represent, as the case may be. The words “DesignRush”, “we”, “us” and “our” refer to the DesignRush Inc., acting on behalf of itself and, where applicable, its affiliates and third-party licensors. You also will notice that we capitalize certain additional words in these Terms of Use even though grammatical rules do not require. We do this because in the context of these Terms of Use, such capitalized words have specific meanings which can be found where they are first used, as indicated by bold text.

2.   Rights and Conditions. You may access and view the text, images, graphics, logos, audio, video and other information and materials made available on or from the Online Platform (the “Content”) on your computer or other Internet compatible device solely in connection with your personal, non-commercial use. You also may print out and make copies of the Content in connection with such permitted, personal, non-commercial use. You may not make use of the Online Platform or any Content for any commercial purpose whatsoever unless you have received our express written prior permission in advance. You acknowledge that any use of Online Platform and Content, except as otherwise permitted in this paragraph, is a breach of these Terms of Use. Breach of certain paragraphs of these Terms of Use also may be a violation of applicable law. We will not be responsible or liable for any loss or damage arising from your failure to comply with these Terms of Use.

3.   United States; Governing Law. We control and operate the Online Platform from within the United States of America (the “USA”). Although we generally do not block or monitor visitors from other countries, the Online Platform is directed only at visitors from the USA, 18 years of age and over. The English language version of these Terms of Use is the controlling version regardless of any translation you may attempt. We do not represent that the Online Platform or any Content is appropriate or lawful for use in other locations outside of the USA or that our operation (including our processing and handling of submissions you may make) will comply with all local laws. Users who choose to access the Online Platform from outside the USA or, per Section 8, submit materials from outside the USA and/or as non-USA citizens, do so of their own initiative, and are responsible for compliance with all applicable local, state, national and international laws and treaties. These Terms of Use are governed by and construed in accordance with the laws of the State of Florida and the federal laws of the USA enforced within, without regard to principles of conflicts of laws that would cause the application of the laws of any jurisdiction other than those of the State of Florida. Any dispute, controversy, or claim arising out of or related to these Terms of Use shall be submitted to and finally resolved by binding arbitration. Arbitration shall be administered by the American Arbitration Association (“AAA”) and seated in Miami, Florida, before a single arbitrator, in accordance with the AAA’s Commercial Arbitration Rules in effect as of the date such dispute arises. Any arbitral award determination shall be final and binding upon the parties to such arbitration. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

4.   Content. Content may have a variety of origins, including information generated and provided by us and third parties. We do not provide any warranty that the Content is or will be:

  • accurate or complete;
  • current (or that it will be updated);
  • error free (either technically or with respect to typographical errors); and/or
  • free from interruptions, computer viruses or other harmful components.

You may make use of the Content under the rights set forth Section 2, but under no circumstances will we be liable for any loss or damage caused by your reliance on Content. The Content may include ratings of agencies and such ratings do not necessarily reflect the quality of the agency or the fitness or appropriateness of the services provided by such agency for your particular purpose. It is therefore your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other elements of the Content.

If the Online Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Online Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

5.   Account Registration. In order to use certain features of the Online Platform you will have to register with the applicable portion of the Online Platform and create an account (an “Account”). If you elect to create an Account you: (a) agree to submit complete, accurate, and current information and data about you as required during the registration process (the “Registration Information”); and (b) to maintain and promptly update your Registration Information. If you submit any information that is inaccurate or incomplete, or DesignRush has a reasonable belief to suspect that such is the case, DesignRush has the right to suspend or terminate your Account and use of the Account immediately. As part of the registration process, you may be issued dual authentication credentials in the form of a unique user identification (“User Name”) and password (“Password”). Your commitment to maintaining the strict confidentiality of that information is a material condition of your access and use of the Online Platform. You must not use or allow others to use your User Name and Password and you agree to: (i) immediately notify us of any unauthorized use of your User Name or Password or any other breach of security related to the Online Platform; and (ii) ensure that you log-off and exit from your Account at the end of each session. It is also your responsibility to notify us if you desire to cancel your Account.

Please remember, your User Name and Password for the Online Platform is not the same as any credentials we issue to you to access our product and services offerings.

6.   Trademarks and other Intellectual Property Rights. The logos, names and other similar marks (collectively, the “Trademarks”) displayed on the Online Platform are registered and unregistered Trademarks of ours and our licensors and may not be used unless authorized by the Trademark owner. The print-outs and copies you are permitted to make under Section 2 may have Trademarks on them and you may make incidental, non-commercial use to the same extent as those print-outs and copies. Except for such incidental use, nothing contained on the Online Platform or in these Terms of Use should be construed as granting you any license or other right to use any Trademark displayed, and you must not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Online Platform. As between you and us, we are the exclusive owners of all right, title and interest, including intellectual property rights (including copyrights, patents and trademarks), proprietary rights (including trade secrets and database rights) and moral rights (including rights of attribution and authorship) throughout the world in and to the Online Platform, its Content and its and their look and feel, design and organization and compilation as well as all Trademarks. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Online Platform in breach of these Terms of Use, your right to access or use the Online Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Online Platform or any content on the Online Platform is transferred to you, and all rights not expressly granted are reserved by the original rightholders. Any use of the Online Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. If you believe any content appearing on the Online Platform violates your intellectual property rights, please give us notice as further described in the Copyright Policy so we can consider appropriate take down procedures.

7.   Social Media. This section applies to everyone who interacts with our social media presence. You are therefore viewing this page because you either linked from the social media features on our Online Platform (“Internal Social Media Features”) or from comment sections, feeds and other elements of social media presence viewable on Facebook, Twitter, YouTube, Google+, LinkedIn or any of the many other available external third party social media platforms we may utilize (“External Social Media Presence”). Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, our Privacy Policy does not apply to our External Social Media Presence. The sites and platforms that host our External Social Media Presence are not controlled by us and therefore their own, and not our privacy policies and terms of use will apply. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of DesignRush. Comments that some would consider inappropriate or offensive may appear on our Internal Social Media Features and on our External Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our External Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. If you see such a post on Internal Social Media Features it should be reported directly to us via the contact information listed here.

8.   Submitted Materials; User Generated Content. All information, ideas, suggestions, concepts or other materials submitted to the Online Platform by you voluntarily or at our request, such as questions sent to us via the “Contact Us” link or user generated content on our Internal Social Media Features or External Social Media Presence or any other interactive features of the Online Platform (collectively, “Submitted Materials”) may be used by us in any lawful manner, provided that personal information portions of Submitted Materials will only be used as described in our Privacy Policy. By providing Submitted Materials you: (a) represent and warrant that you own or otherwise have all necessary rights to do so and that the Submitted Materials comply with applicable laws; (b) all of the Submitted Materials do and will comply with these Terms of Use, the Copyright Policy and the Content Standards set out in Section 11 and (c) grant to us and our affiliates and service providers and each of their respective licensees, successor and assigns a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell, export and otherwise use such material (in whole or part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose.

You understand and acknowledge that you are responsible for any Submitted Materials, and you, not DesignRush, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We cannot be responsible for maintaining any Submitted Materials that you provide to us; therefore you should retain copies of all such data and information in your own records.

We are not responsible or liable to any third party for the content or accuracy of any Submitted Materials posted by you or any other user of the Online Platform.

9.   Other Policies and Terms. Our collection of certain information about you, including personal information provided as part of the above described Submitted Materials, is subject to our Privacy Policy which is incorporated herein by reference for all purposes. Sales of our products and services are governed by separate terms and conditions of sale and related contract documents and not these Terms of Use. Any claims or copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512) or user activities relating to copyright are governed by our Copyright Policy. Any attempt to submit a purchase order or similar document as Submitted Materials in order to circumvent our separate product and/or services sales contracts is hereby rejected and null, void and of no effect.

10.   Prohibited User Conduct. You are expressly prohibited from doing any of the following to the Online Platform, or using any portion of the Online Platform for purposes of, or in connection with: (a) reverse engineering, making machine code human readable or creating derivative works or improvements; (b) copying them; (c) commercially exploiting or providing them to third parties (whether by sublicense, sale or other means); (d) introducing, transmitting or storing malicious code; (e) interfering with their security or operation; (f) framing or mirroring them outside of your employer’s intranets; (g) creating, benchmarking or gathering intelligence for a competitive offering; (h) removing, modifying or obscuring proprietary rights notices on them; (i) defaming or harassing; (j) infringing another’s intellectual property rights including failing to obtain permission to upload/transfer/display works of authorship; (k) intercepting or expropriating data; (l) spamming, spoofing or otherwise misrepresenting transmission sources; (m) engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Online Platform, or which, as determined by us, may harm DesignRush or users of the Online Platform, or expose them to liability; and/or (n) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

Additionally, you agree not to: (a) use the Online Platform in any manner that could disable, overburden, damage, or impair any part of the Online Platform or interfere with any other party's use of the Online Platform, including their ability to engage in real time activities through the Online Platform; (b) use any robot, spider, or other automatic device, process, or means to access the Online Platform for any purpose, including monitoring or copying any of the material on the Online Platform; (c) use any manual process to monitor or copy any of the material on the Online Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (d) use any device, software, or routine that interferes with the proper working of the Online Platform; (e) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Online Platform, the server on which the Online Platform is stored, or any server, computer, or database connected to the Online Platform; (g) attack the Online Platform via a denial-of-service attack or a distributed denial-of-service attack and/or (h) otherwise attempt to interfere with the proper working of the Online Platform.

11.   Content Standards. These content standards apply to any and all Submitted Materials and use of the interactive features on and through the Online Platform. Submitted Materials must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Submitted Materials must not: (a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, our Privacy Policy and our Copyright Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote, or assist any unlawful act; (g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (i) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and/or (j) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

12.   Monitoring and Enforcement. We have the right to:

  • Remove or refuse to post any Submitted Materials for any or no reason in our sole discretion.
  • Take any action with respect to any Submitted Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such Submitted Materials violate the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Online Platform or the public, or could create liability for us.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Online Platform.
  • Terminate or suspend your access to all or part of the Online Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Online Platform. YOU WAIVE AND HOLD HARMLESS DESIGNRUSH AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Online Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

13.   Third Party Web Sites.

     (a)    Links from our Online Platform. You may see on the Online Platform hyperlinks or pointers to other web sites maintained by third parties and we also may provide third party content on the Online Platform by framing or other methods (collectively, “Links”). Links are provided for your convenience and information only. The fact that we provide a Link does not mean that we endorse, authorize or sponsor that web site or offering or that we are affiliated with the third party owners or sponsors. Except for the links to our brands, products and services within the Online Platform, neither the web sites nor parties to which a Link will bring you are under our control, and as such we are not responsible in any way for their availability, content, advertising, products or materials, including any further links their sites may contain. This means that once you follow an external Link, you are no longer subject to our Privacy Policy. You should, therefore, carefully review the privacy statements and other conditions of use and sale related to any Links. We reserve the right to terminate a Link at any time without notice.

     (b)    Links to our Online Platform. In general, we do not object to Links to our Online Platform from third-party sites including social media. If you Link to our Online Platform, we: (i) reserve the right to object to and delete such Link at any time, for any reason; and (ii) require that you abide by the following rules:

  • you may not present the Link to our Online Platform in any manner that suggests DesignRush has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products, services, or content on your site unless DesignRush expressly agrees to your doing so in writing;
  • we reserve the right to object to any Link which uses Trademarks; and
  • your Link may not in-line, frame or otherwise incorporate Content unless DesignRush grants its express permission in writing.

Links from obscene, scandalous, profane, defamatory, or unlawful sources, or any site that may adversely affect the name, reputation and goodwill of DesignRush and its products or services are prohibited. In addition, the use of Trademarks or other words or codes identifying DesignRush or its products in any “metatag” or other information used by search engines or other information location tools is strictly prohibited unless we grant express permission in writing.

14.   Disclaimer of Warranties, Liability and Indemnity. THE ONLINE PLATFORM, ITS CONTENT AND ANY OTHER INFORMATION, FEATURES AND FUNCTIONS OR SERVICES ON IT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESIGNRUSH, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS AND REPRESENTATIVES (“DESIGNRUSH PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY. IF YOU ARE DISSATISFIED WITH THE ONLINE PLATFORM, THE CONTENT OR ITS FEATURES AND FUNCTIONS AND SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE ITS USE. THE DESIGNRUSH PARTIES HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE ONLINE PLATFORM, ITS CONTENT OR FEATURES AND FUNCTIONS AND SERVICES THAT YOU ACCESS THROUGH THE ONLINE PLATFORM. THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE DESIGNRUSH PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE. You agree to defend, indemnify and hold the DesignRush Parties harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Online Platform, or your breach or violation of applicable laws or of these Terms of Use. DesignRush reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with DesignRush’s defense of such claim.

15.   Term and Termination. These Terms of Use apply to all users of the Online Platform at all times, as described previously here, until we supersede and replace them as described here. We may at any time terminate, change, suspend, add to or discontinue any aspect of the Online Platform itself, or your right to use it, including your Account, without notice or liability to you.

16.   Miscellaneous. These Terms of Use, the Privacy Policy, and the Copyright Policy are the entire and exclusive agreement between us and all visitors and users of the Online Platform. Neither any course of conduct between the parties nor trade practice will modify these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Online Platform, these Terms of Use, or Privacy Policy or the Copyright Policy must be filed by you within one year after such claim or cause of action arose or be forever barred. Should any provision of these Terms of Use be held to be unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions hereof shall remain in full force and effect. The waiver of any breach of these Terms of Use will not constitute a waiver of any other or future breach and will not act to amend or negate the rights of the waiving party. You may not assign your rights or obligations hereunder. The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitation of liability and indemnification shall survive termination. The word “including” is exemplary meaning “including, without limitation” or “including, but not limited to” unless otherwise indicated.

17.   Waiver and Severability. No waiver by DesignRush of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DesignRush to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

18.   Entire Agreement. These Terms of Use, our Privacy Policy, our Copyright Policy, and, if applicable, any agreement entered into between us relating to our services constitute the sole and entire agreement between you and DesignRush regarding the Online Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Online Platform.

19.   Changes. Although we ask that you please check this page periodically for such revision, we will try to post notice that a revision has been made somewhere within the Online Platform. Whether or not we provide, or you see such notice, however, by continuing to access and use the Online Platform after the revisions are made, you will have accepted and agreed to the revised Terms of Use.

If you have questions, please contact us at 3479 NE 163rd St #1016, North Miami Beach, FL 33160, by phone at 305-370-1017, or by email at info@designrush.com.

Copyright Policy

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously and will respond to any such claims in accordance with this Copyright Policy. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Online Platform infringe your copyright, you may request removal of those materials (or access to them) from the Online Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Online Platform, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Copyright Agent:
Gianluca Ferruggia
DesignRush Inc.
3479 NE 163rd St #1016
North Miami Beach, FL 33160
Phone: 305 370 1017
Email: gianluca@designrush.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Online Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Online Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An 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 disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Online Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Online Platform with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Online Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.