These terms govern your use of our website and our services (collectively, “Services”) and software that we include as part of the Services, including any applications, scripts, tags, instructions, and related documentation (collectively “Software”). By using the Services or Software, you agree to these terms. If you have entered into another written agreement with us concerning specific Services or Software, then that agreement is specific to you, and the terms of that agreement controls to the extent that there is any conflict with these terms.
5.1 Misuse. You must not misuse the Services or Software, or use it in any manner outside of these terms. For example, you must not:
You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees). We are not responsible for these fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. We reserve the right to discontinue all services and licenses to you in the event of non-payment of amounts owed to us.
This section applies to specific Software and components. If there is any conflict between this section and other sections, then this section governs in relation to the relevant Software or components.
This section applies to specific jurisdictions. If there is any conflict between this section and other sections, then this section governs for the relevant jurisdiction.
15.1European Economic Area.
15.2Australia. If you obtained the Software in Australia, then the following provision applies, notwithstanding anything stated to the contrary in these terms:
NOTICE TO CONSUMERS IN AUSTRALIA:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Before you file the notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney. In addition, you may wish to consult publicly available reference materials such as those found at the U.S. Copyright website or at www.chillingeffects.org.
17.3 Counter-Notice. If you believe we disabled or removed access to your content as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via email or phone) to our Copyright Agent (contact information below), which must contain all of the following elements:
Before you file a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court determines your counter-notification misrepresented that the content was removed by mistake. If you are unsure whether use of the content at issue constitutes infringement, please contact an attorney. In addition, you may wish to consult publicly available reference materials such as those found at www.chillingeffects.org.
17.4 Copyright Agent.. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Agent Blue Triangle Technologies Inc. 9097 Atlee Station Road Suite 304 Mechanicsville, VA 23116
By email: email@example.com By telephone: 804-226-0623
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit the notifications by fax or ordinary mail only and as further described by this section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that the infringement is occurring on the Services. All other inquiries directed to the Copyright Agent will not be responded to.